Min 07/06/1999 483
Wichita Falls, Texas
Memorial Auditorium Building
July 6, 1999
Items 1 & 2
The City Council of the City of Wichita Falls, Texas met in regular session on the above
date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock a.m., with the
following members present:
Kay Yeager - Mayor
Arthur Bea Williams - Councilors
Dan Shine -
James Esther, Jr. -
Bill Altman -
Johnny Burns -
Bud Beaty -
James Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Yeager called the meeting to order.
Invocation was given by The Reverend Karen Holsinger, Cheryl Street Community
Church of God.
Item 3
Due to an unscheduled inspection by TNRCC at the landfill, presentation of Employee
of the Month was delayed until the recipient could be present.
Mayor read the proclamation which was presented at Sunday night's Freedom Fest at
Sheppard Air Force Base, proclaiming July 4, 1999 as Sheppard Air Force Base Day in North
Texas.
Mayor recognized the following Valedictorians and Salutatorians from the four local
high schools.
Notre Dame: Valedictorian -Ashley Smith
Salutatorian - Holly Prosser
Rider High School:
Valedictorians - Jeff Kramer, Ryan Patterson, Morley Campbell
Wichita Falls High School:
Valedictorians - Scott Muehlberger, Chase Bice
Hirschi High School:
Valedictorian -Anh Le
Salutatorian - Robert Ross
-"" Item 4
No one signed up to speak under Public Comments
Item 5
The Minutes for June15 and June 29, 1999 were approved as distributed.
488
Item 8f
ORDINANCE NO. 59-99
ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR
ADDITIONAL GRANT REVENUE FROM THE CRIMINAL JUSTICE DIVISION,
OFFICE OF THE GOVERNOR, STATE OF TEXAS, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME;
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Williams that Ordinance No. 59-99 be passed.
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 8
ORDINANCE NO. 60-99
ORDINANCE MAKING AN APPROPRIATION FROM GENERAL FUND
EQUITY IN THE AMOUNT OF $14,800 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH MUNICIPAL CODE
CORPORATION FOR THE RECODIFICATION OF THE CITY'S CODE OF
ORDINANCES, FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Burns that Ordinance No. 60-99 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 9a
RESOLUTION NO. 64-99
RESOLUTION ACCEPTING BID ON CITY PROPERTY AT 2005 BUCHANAN
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEED;
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Burns that Resolution No. 64-99 be passed.
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
489
Item 9b
RESOLUTION NO. 65-99
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
QUITCLAIM DEED FOR THE PURCHASE OF THE PROPERTY AT 507
HUMPHREYS; DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
Mayor noted that Councilor Williams would not participate in the discussion or
vote on this item because of a possible conflict of interest.
Moved by Councilor Burns that Resolution No. 65-99 be passed.
Motion seconded by Councilor Esther.
City Manager noted that in the ordinance heading the word "purchase" needed to be
changed to "sale".
Moved by Councilor Shine that proposed resolution be amended by replacing the word
"purchase" with "sale" in the heading of the resolution.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Abstentions: Councilor Williams
Martha Irvin, 1634 Harding stated that taxes got behind because of a previous buyer.
She is seeking to buy that property back for the taxes owed.
Motion as amended carried by the following vote.
Ayes: Mayor Yeager, Councilors Shine, Esther, Altman, Burns, and Beaty
Nays: None
Abstentions: Councilor Williams
Item 9c
RESOLUTION NO. 66-99
RESOLUTION ACCEPTING A GRANT FOR CURBSIDE RECYCLING
CONTAINERS IN THE AMOUNT OF $13,841.00; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Burns that Resolution No. 66-99 be passed.
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
490
Item 9d
RESOLUTION NO. 67-99
RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION OF
PROPERTY FOR THE LAKE ARROWHEAD RAW WATER TRANSMISSION
LINE PROJECT AND AUTHORIZING PURCHASE OR CONDEMNATION;
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Burns that Resolution No. 67-99 be passed.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10a
Councilor Shine thanked Chief Coughlin and the Police Officer who took him on their
late shift patrol.
Councilor Esther thanked Mr. Clark for the City tour. Councilor Esther mentioned the
mowing situation and stated that the City should set the example by mowing its lots and he
suggested that grass clippings be picked up. He also suggested that City consider picking up
old appliances and furniture in conjunction with Clean Community.
Councilor Beaty commended Mr. Bonnett for the Recycling Program.
Councilor Altman felt it was impossible to attack all the overgrown lots with the amount
of rain we have been getting. Councilor Esther mentioned a specific area of concern which
was along Maurine Street.
Councilor Williams informed that she would like to recognize people for doing extra nice
things for no reason at all under the category of "Random Acts of Kindness". She asked that
this information be submitted to her.
Mayor informed that a newcomer had complimented the City on our medians and the
beautification of the City. The newcomer had questions regarding the recycling program and
the Mayor requested that a future presentation be made on recycling other things like glass,
plastic, etc.
Item 10b
Mr. Robert Powers gave an update on the fire stations.
Mr. Dave Clark and Mr. Steve Seese presented a report on the MPO and how it
functions.
Item10c
The City Council went into Executive Session at 11:25 a.m. as authorized by Section
551.074 of the Government Code of the Texas Government Code, and reconvened at 11:45
a.m.
491
Item 10d(1)
RESOLUTION NO. 71-99
RESOLUTION APPOINTING A DIRECTOR TO THE WICHITA COUNTY/CITY
OF WICHITA FALLS, TEXAS, HOSPITAL BOARD
Moved by Councilor Williams that Resolution No. 71-99 be passed appointing Mr. Nick
Gipson to the Wichita County/City of Wichita Falls, Texas Hospital Board with term to expire
July 1, 2001. Mr. Gipson will replace Mr. Coyal Francis, Jr., Place 1.
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10d(2)
Moved by Councilor Esther that Councilor Arthur B. Williams be appointed to the
Wichita Falls Sales Tax Corporation (413) Board with term to expire May 6, 2001. Councilor
Williams will replace Mr. Arnold Oliver, Place 7.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10d(3)
Moved by Councilor Shine to concur with Mayor's re-appointments of Ms. Pat Nelson,
Place 1, Mr. Wilbert Boston, Place 2, and Mrs. Gail Cunningham, Place 3 to the Housing
Authority of Wichita Falls. Terms will expire July 1, 2001.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10d(4)
Moved by Councilor Williams that Mrs. Shirley Harris be appointed to Place 5 and Mr.
James Sernoe be appointed to Place 9 of the Library Advisory Board with terms to expire June
30, 2002.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
The City Council adjourned at 11:57 a.m.
492
PASSED AND APPROVED thisL_day of , 1999•
HRYN A.tEAGyIIIR
MAYOR
ATTEST:
Lydia Torres
City Clerk
NOTICE OF MEETING
Regular Meeting Of The Mayor And City Council Of The City Of
Wichita Falls, Texas To Be Held In The City Council Chambers Of
The Memorial Auditorium On Tuesday, July 6, 1999, Beginning At
8:30 a.m.
City Council: Mayor Kay Yeager - Councilors Arthur Bea
Williams, Dan Shine, James Esther, William
Altman, Johnny Burns, and Bud Beaty
1 . Call to Order.
2. Invocation: The Reverend Karen Holsinger
Cheryl Street Community Church of God
3. Presentations: Employee Of The Month
4. Comments From The Public To Members Of The City Council
On Items Which Are Not On The City Council Agenda. (The
Regular Agenda will begin upon completion of public comments, or no later than
9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but
could not be heard before 9:00 a.m. due to time constraints, may speak at the
conclusion of the meeting.)
5. Approval of Minutes
CONSENT AGENDA
6. Award of Bids:
a. Award Of Bid For The City's Estimated Annual Supply Of
Automotive Filters To Stewart & Stevenson In The Amount
Of $51 ,409.22.
7. Receive Minutes:
a. Wichita Falls/Wichita County Public Health District
- April 3, 1999
b. Board of Adjustment
(1) May 19, 1999
(2) June 16, 1999
a. Water Resources Commission — June 4, 1999
City Council Agenda
Tuesday, July 6, 1999
Page 2
REGULAR AGENDA
8. Ordinances:
a. Ordinance Rezoning 11.4 Acres Out Of Block 5, Kemp's
Subdivision, From Single Family Residential To General
Commercial Conditioned Zoning And Amending The
Comprehensive Plan. (City Council Bill #125)
b. An Ordinance Closing, Abandoning And Vacating A 15 x
100 Foot Utility Easement In Lot 19-C, Block 16, Hillcrest
Addition. (City Council Bill #126)
c. Ordinance Waiving Sec. 22-1(A)(9) Of The Code Of
Ordinances To Permit Signs At The Football Fields In
Jaycee Park. (City Council Bill #127)
d. Ordinance Amending Chapter 14, Article III, Section 14-35
Of The Code Of Ordinances Of The City Of Wichita Falls To
Adopt The 1999 Edition Of The National Electrical Code.
(City Council Bill #128)
e. Ordinance Revising Appendix A, Comprehensive
Subdivision Ordinance, To Clarify The Definition Of The
Term, "Subdivision," And To Correct The Extraterritorial
Limits. (City Council Bill #129)
f. Ordinance Making An Appropriation In The General Fund
For Grant Revenue Received From The Criminal Justice
Division, Office Of The Governor, State Of Texas, And
Authorizing The City Manager To Execute Contract
Accepting Same. (City Council Bill #130)
g. Ordinance Making An Appropriation From General Fund
Equity In The Amount Of $14,800 And Authorizing The City
Manager To Execute A Contract With Municipal Code
Corporation For The Recodification Of The City's Code Of
Ordinances. (City Council Bill #131)
9. Resolutions:
a. Resolution Accepting Bid On City Property At 2005
Buchanan And Authorizing The City Manager To Execute
The Deed. (City Council Bill #132)
City Council Agenda
Tuesday, July 6, 1999
Page 3
9. Resolutions (cont'd):
b. Resolution Authorizing The City Manager To Execute A
Quitclaim Deed For The Purchase Of The Property At 507
Humphreys. (City Council Bill #133)
c. Resolution Accepting A Grant In The Amount Of $13,841 .00
For Purchase Of Curbside Recycling Containers. (City
Council Bill #134)
d. Resolution Determining The Necessity For Acquisition Of
Property For The Lake Arrowhead Raw Water Transmission
Line Project And Authorizing Purchase or Condemnation.
(City Council Bill #135)
e. Resolution Authorizing An Extension and Amendment To
The Contract For The Operation And Maintenance Of The
Jointly-Owned Lake And Canal Systems, Entered Into By
And Between The City Of Wichita Falls And The Wichita
County Water Improvement District No. 2. (City Council Bill
#136)
f. Resolution Designating A Certain Tract Of Land Located In
Archer County As An Industrial District, And Approving A
Contract With Archer Power Partners, L.P., Guaranteeing Its
Immunity From Annexation For A Period Of Fifteen (15)
Years. (City Council Bill #137)
g. Resolution Authorizing The City Manager To Execute On
Behalf Of The City A Water Agreement Between The City,
Wichita County Water Improvement District No. 2, And
Archer Power Partners, L.P. (City Council Bill #138)
10. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
c. Executive Session-
(1) Consider Qualifications Of Possible Appointees To
The Wichita County/Wichita Falls, Texas Hospital
Board; Housing Authority of Wichita Falls; and Wichita
Falls Sales Tax Corporation (413) Board As Authorized
By Section 551.074 Of The Texas Government Code.
City Council Agenda
Tuesday, July 6, 1999
Page 4
10. Other Council Matters (cont'd):
d. Appointments To Boards And Commissions
(1) Resolution Appointing A Director To The Wichita
County/City Of Wichita Falls, Texas, Hospital Board.
(City Council Bill #139)
(2) Wichita Falls Sales Tax Corporation (4B) Board
(3) Housing Authority of Wichita Falls
(4) Library Advisory Board
15. Adjourn.
Wheelchair or handicapped accessibility to the meeting is possible by
using the handicapped parking spaces, ramp and elevator located off the
east parking lot on Sixth Street entrance. Spanish language interpreters,
deaf interpreters, Braille copies or any other special needs will be provided
to any person requesting a special service with at least 24 hours notice.
Please call the City Clerk's Office at 761-7409.
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board
at Memorial Auditorium, Wichita Falls, Texas on the day of
, 19 at o'clock (a.m.)(p.m.).
City Clerk