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Min 09/07/1999 542 Wichita Falls, Texas Memorial Auditorium Building September 7, 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 4:30 o'clock p.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 Mr. Dan Shine, Councilor District 1. Item 3 Mackie Oliver, Fire Department Secretary II, was recognized as Employee of the Month for the month of August. Mayor presented Mrs. Oliver with a plaque, a City pin, dinners for two, transit passes, and a check. Mayor recognized Cunningham, McGaha and Ben Franklin Elementary Schools for being rated as exemplary schools. Exemplary means that 90% of all students and all student groups taking the Toss Test passed the test. This is a great accomplishment. Mayor read a proclamation in recognition of the "Up With People" International group who promote cultural diversity through the arts. We recognize their contributions and achievements and we applaud their efforts in Wichita Falls and around the world. Mayor proclaimed September 17-23, 1999 as "Constitution Week in Wichita Falls" in recognition of the signing of the Constitution of the United States. Item 4 No one signed up to speak under Public Comments. Item 5 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. 543 Items 6a-8f Councilor Altman requested that Item 6a, be brought down to the Regular Agenda. Moved by Councilor Shine that the Consent Agenda be approved with the exception of Item 6a. 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 7a Bid was awarded for the City's estimated annual requirement of lighting and associated products to Nunn Electric Supply Company in the amount of $17,215.84, to CED United in the amount of $30,728.25, to Kriz-Davis Company in the amount of $21,426.42 and to Cummins Supply Company in the amount of$4,019.75. Item 7b Bid was awarded to Queens Commercial, Inc. in the amount of $37,000.00 for the Municipal Airport Roofing Project. Item 7c Bid was awarded to Dream Valley Farms in the amount of $15,073.28 for the purchase of the City's annual requirement of fall flowers. Item 7d Bid was awarded to Bruckner's Truck Sales in the amount of $69,728.00 for the purchase of two (2) each 24 cubic yard side-dump trailers. Items 8a-8f Minutes of the following board & commission meetings were received. a. Landmark Commission - April 1, 1999, April 15, 1999 March 18, 1999 and May 27, 1999 b. Helen Farabee Regional MHMR Board of Directors - June 24, 1999 c. Wichita Falls-Wichita County Public Health Board - June 25, 1999 d. 4B Sales Tax Corporation - July 12, 1999 e. Wichita Falls (4A) Economic Development Corporation - July 19, 1999 f. Planning & Zoning Commission -August 11, 1999 Item 6a RESOLUTION NO. 106-99 RESOLUTION APPROVING THE ASSIGNMENT OF THE HERTZ RENTAL CAR LEASE TO THE HERTZ CORPORATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE HERTZ CORPORATION FOR LEASE OF SPACE AT THE WICHITA FALLS MUNICIPAL AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Resolution No. 106-99 be passed. Motion seconded by Councilor Burns. Councilor Altman had a procedure concern. There are two issues, one to authorize a new lease with Hertz and at the same time to authorize an assignment of an existing lease. No 544 Item 6a continued where in the proposed lease does it say that it is a substitution for the old lease, and it appears we have two paper leases in effect at one time. City Attorney explained that the intent is to assign the existing lease and put it in a new format. It may be appropriate to amend the resolution to include language that the existing lease between the City and Robert Moore is hereby rescinded. Councilor Altman suggested that it might be better to assign the lease to Hertz and then enter into this lease as a substitute for the lease to Hertz. Councilor Altman also noted that Exhibits A & B were not attached but were referred to in the document. Also, under Article II "Term" there is an initial two year term with a one year option. I have a problem from a reading standpoint of what method by which the lessee exercises the option, when and under what circumstance and how does he give notice? He felt that needed to be cleared up. Lastly, he suggested that Article XIX "Suspension/Termination" Subsection 7 would not be necessary since Hertz Corporation is not a franchisee, therefore, Subsection 7 should be deleted. deleted.City Attorney agreed that Subsection 7 of Article XIX "Suspension /Termination" can be Mr. Robert Parker informed that he has Exhibits A & B and they could not be reduced to fit in the Agenda Book. Councilor Altman referred to Article XXI, "Notification" and asked if it is customary for notification to be sent to the Airport Manager instead of the City Manager. Mr. Parker stated that the way the Ordinance is written the Airport Manager is a representative of the City Manager. Moved by Councilor Altman to amend the proposed resolution by adding Section 1 a to read "The lease agreement by and between Robert Moore is hereby terminated". Also, that in the lease Article II be amended to add the phrase "... by giving written notice not less than thirty (30) days prior to the end of the initial term", and that Article XIX Subsection 7 be deleted. 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 ORDINANCE NO. 88-99 ORDINANCE REZONING 2206 BROOK FROM LIMITED COMMERCIAL TO CONDITIONED GENERAL COMMERCIAL ZONING; 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. 88-99 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 Item 9b ORDINANCE NO. 89-99 ORDINANCE REVERSING A DECISION OF THE PLANNING AND ZONING COMMISSION AND ALLOWING A CARPORT WITHIN THE FRONT 25-FOOT SETBACK AT 1400 REDBUD LANE; DETERMINING THAT THE MEETING AT 545 Item 9b continued WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 89-99 be passed. Motion seconded by Councilor Beaty. Jesus Quintana, 1400 Redbud, explained that he does have rear access but he uses the front yard to park. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors, Shine, Esther, Altman, Burns, and Beaty Nays: Councilors Williams and Altman Item 9c ORDINANCE NO. 90-99 ORDINANCE MAKING AN APPROPRIATION IN THE SECTION 8 HOUSING ASSISTANCE FUND IN THE AMOUNT OF $189,708 FOR ADDITIONAL GRANT REVENUE RECEIVED FROM THE HOUSING AND URBAN DEVELOPMENT DEPARTMENT; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 90-99 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 9d ORDINANCE NO. 91-99 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM TEXAS DEPARTMENT OF HEALTH; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 91-99 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 9e ORDINANCE NO. 92-99 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES AT CHAPTER 16, "FOOD AND FOOD ESTABLISHMENTS"; PROVIDING FOR INCLUSION IN THE 546 Item 9e continued 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 Altman that Ordinance No. 92-99 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 10a RESOLUTION NO. 107-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING ACTION TAKEN BY THE WICHITA COUNTY-CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD (THE "CITY-COUNTY BOARD") AND UNITED REGIONAL HEALTH CARE SYSTEM, INC. ("URHCS"), AND AUTHORIZING A PROPERTY PURCHASE AND LEASE-BACK AGREEMENT BETWEEN THE CITY-COUNTY BOARD AND CLINICS OF NORTH TEXAS, ALONG WITH THE TERMS AND CONDITIONS OF SAID AGREEMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 107-99 be passed. Motion seconded by Councilor Burns. Jeff Hausler, CEO United Regional Hospital, stated that the acquisition of this building is not the question today, and according to the law on City-County Hospitals that is not required. What is in question here today is the encumbrance of that property, the lease-back of that property to the Clinics of North Texas. He provided a history of that location. Councilor Altman asked what guaranties the Hospital has that the lease will be carried out, in the sense that under an L.L.P. (Limited Liability Partnership) the doctors have no individual liability if they dissolve the L.L.P. Mr. Hausler commented that they believe that property is leasable in any extent and they do not think there will be a problem leasing it to physicians. Councilor Altman asked if the document regarding the sale of the property had been changed because it was conditioned on a valid lease being entered into between the Hospital and the Medical & Surgical Clinic L.L.P. which does not exist any more. Mr. Hausler stated that was correct and there was some confusion as to who was leasing to who, but it is the Clinics of North Texas that will enter into the lease. Motion and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item10b RESOLUTION NO. 108-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A QUITCLAIM DEED TO HENRY T. HAMMOND AND WIFE, NANCY HAMMOND, FOR A PORTION OF BLOCK 8, BURLINGTON 547 Item 10b continued CALL FIELD INDUSTRIAL DISTRICT; FINDING AND 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. 108-99 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 10c A proposed resolution was presented authorizing the City Manager to execute a contract revision increasing the stipend to Johnny Simmons for the operation of Hamilton Park Tennis Center. Moved by Councilor Altman that proposed resolution be passed. Motion seconded by Councilor Burns. Councilor Shine asked if the new lease had been changed to add new incentives to make it equitable. Mr. Jack Murphy responded that the lease is the same and the only difference is the stipend, but it can be changed to be similar to the one for Weeks Park, however, it would need to be discussed with Mr. Simmons. Councilor Williams felt it would be appropriate that the responsibilities and requirements be equal for both Hamilton Park and Weeks Park. Councilor Shine said that it appears Mr. Murphy has not taken into consideration the equality of the two contracts. He thought that the two entities should be about the same and should be for the betterment of the City. I would be more comfortable if this request was made by the City Manager or the Director than a letter from an individual as was done in this case. Councilor Burns stated that he was led to believe by Mr. Murphy that there were certain things that would happen and that is why we were asked to authorize Mr. Holder more money over what we were paying Mr. Simmons because there were some things that we expected Mr. Holder to do. My understanding was that the contracts were not the same. Staff will review the two contracts for equality and will present this item at the next Council meeting. Moved by Councilor Shine that proposed resolution be tabled. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, and Beaty Nays: Councilors Altman and Burns Item 10d RESOLUTION NO. 109-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, EXTENDING THE OPERATION AND MAINTENANCE CONTRACT BETWEEN THE CITY OF WICHITA FALLS, WICHITA COUNTY, AND THE WICHITA FALLS/WICHITA COUNTY MULTI-PURPOSE EVENTS CENTER (A NON-PROFIT CORPORATION OF THE STATE OF TEXAS), FOR AN ADDITONAL FIVE-YEAR TERM; FINDING AND DETERMINING THAT THE Item 10d continued 548 MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Resolution No. 109-99 be passed. 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 11 a Councilor Altman expressed appreciation to Police Officers Whittaker and Motsenbocher and all those on the second shift for their actions in assisting and caring for burglary victims. He expressed pride in their conduct and assistance. Item 11 b Chief Ronnie James informed that the Wichita Falls Fire Department was recognized by Fire Facilities, Inc. as the leading Fire Department in the United States. He gave Council calendars which contain various pictures of his department in action. Mayor commended the Fire Department for this recognition, for their professionalism and for the services they provide. Item 11 c The City Council went into Executive Session at 6:15 p.m. as authorized by Section 551.071 and Section 551.074 of the Texas Government Code, and reconvened at 8:21 p.m. The City Council adjourned at 8:21 p.m. PASSED AND APPROVED this _day of 6kal r 1999. KA HRYN A EA R MAY R ATTEST: A III 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, September 7, 1999, Beginning At 4:30 p.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: 3. Presentations: Employee Of The Month Fire Department 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. Resolutions: a. Resolution Approving Assignment Of The Hertz Rental Car Lease To The Hertz Corporation And Authorizing ,The City Manager To Execute A Lease Agreement With The Hertz Corporation For Lease Of Space At The Wichita Falls Municipal Airport. (City Council Bill #201) 7. Award of Bids: City Council Agenda Tuesday, September 7, 1999 Page 2 a. Award Of Bids For The City's Estimated Annual Requirement Of Lighting And Associated Products To Nunn Electric Supply Company In The Amount Of $17,215.84, CED United In The Amount Of $30,728.25; Kriz-Davis Company In The Amount Of $21 ,426.42 And Cummins Supply Company In The Amount Of $4,019.75. b. Award Of Bid For The Municipal Airport Roofing Project To Queens Commercial, Inc. In The Amount Of $37,000.00. c. Award Of Bid For The Purchase Of The City's Annual Requirement Of Fall Flowers To Dream Valley Farms In The Amount Of $15,073.28. d. Award Of Bid For The Purchase Of Two (2) Each 24 Cubic Yard Side-Dump Trailers To Bruckner's Truck Sales In The Amount Of $69,728.00. 8. Receive Minutes: a. Landmark Commission - April 1, 1999 - April 15, 1999 - March 18, 1999 - May 27, 1999 a. Helen Farabee Regional MHMR Board of Directors - June 24, 1999 b. Wichita Falls-Wichita County Public Health Board - June 25, 1999 a. 4B Sales Tax Corporation — July 12, 1999 b. Wichita Falls (4A) Economic Development Corporation - July 19, 1999 a. Planning & Zoning Commission — August 11 , 1999 REGULAR AGENDA 9. Ordinances: a. Ordinance Rezoning 2206 Brook From Limited Commercial To Conditioned General Commercial Zoning. (City Council Bill #202) 9. Ordinances (cont'd): City Council Agenda Tuesday, September 7, 1999 Page 3 b. Ordinance Appealing The Denial Of A Conditional Use Permit For A Carport At 1400 Redbud Lane (City Council Bill #203) c. Ordinance Making An Appropriation In The Section 8 Housing Assistance Fund In The Amount Of $189,708 For Additional Grant Revenue Received From The Housing And Urban Development Department (City Council Bill #204) d. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health (City Council Bill #205) e. An Ordinance Amending The Code Of Ordinances At Chapter 16, "Food And Food Establishments." (City Council Bill #206) 10. Resolutions: a. Resolution Authorizing A Property Purchase And Lease- Back Agreement Between The City-County Board And Clinics Of North Texas. (City Council Bill #207) b. Resolution Authorizing A Quitclaim Deed To Henry T. Hammond And Wife, Nancy Hammond, For A Portion Of Block 8, Burlington Call Field Industrial District. (City Council Bill #208) c. Resolution Authorizing The City Manager To Execute A Contract Revision Increasing The Stipend To Johnny Simmons For The Operation Of Hamilton Park Tennis Center. (City Council Bill #209) d. A Resolution Extending The Operation And Maintenance Contract Between The City Of Wichita Falls, Wichita County, And The Wichita Falls/Wichita County Multi-Purpose Events Center (A Non-Profit Corporation Of The State Of Texas), For An Additional Five-Year Term. (City Council Bill #210) 11. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. 11. Other Council Matters (cont'd): b. Staff/Council Discussion. City Council Agenda Tuesday, September 7, 1999 Page 4 c. Executive Session: (1) Briefing By City Attorney On Status Of Litigation Involving Derek Knowles And Manuel Borrego; As Authorized By Section 551 .071 Of The Texas Government Code. (2) Consider Annual Evaluation of City Clerk and Municipal Court Judge As Authorized By Section 551 .074 Of The Texas Government Code. d. Consider Action Relating to Executive Session. 12. 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 ADDENDUM TO 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, September 7, 1999, Beginning At 4:30 p.m. City Council: Mayor Kay Yeager - Councilors Arthur Bea Williams, Dan Shine, James Esther, William Altman, Johnny Burns, and Bud Beaty ADDENDUM TO REGULAR AGENDA 11 . Other Council Matters (cont'd): c. Executive Session: (2) Consider Annual Evaluation of City Clerk and Municipal Court Judge As Authorized By Section 551 .074 Of The Texas Government Code. d. Consider Action Relating to Executive Session. 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 Addendum to the 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