Min 10/05/1999 561
Wichita Falls, Texas
Memorial Auditorium Building
October 5, 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 Rev. Charles Nichols, Southside Baptist Church.
Item 3
Kathy Whetstone, Parks Department Recreation Program Coordinator was recognized
as Employee of the Month for the month of October. Mayor presented Mrs. Whetstone with a
plaque, a City pin, dinners for two, transit passes, and a check.
Mayor recognized Councilor Burn's wife, Mrs. Pattie Burns who was present in this
morning's Council meeting.
Mayor recognized the following Water System employees for the excellent job they
performed in handling the water demand during the dry, hot summer.
Water Purification - Tommy Langford, Mechanic II, Butch Lineweber, Mechanic I,
Wesley Barnes, Water Plan Operator II
Water Distribution - Charles Henderson, Utility Worker II, Walter Hanks, Utility Worker I, James
Drake, Equipment Operator II
Mayor proclaimed the week of October 3-9, 1999 as "Fire Prevention and Fire Safety
Week " in Wichita Falls.
Mayor read a proclamation in recognition of the Optimist Club's 75th Anniversary.
Appreciation was expressed to the Optimist Clubs for their involvement with youth and the
many programs they provide to all youth especially the underprivileged. The City is thankful to
the Optimist Clubs for their help and support in our community. Mr. David Farabee accepted
the proclamation and stated that this was in recognition of all Optimist Clubs.
Item 4
No one signed up to speak under Public Comments.
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Item 5
The Minutes were approved as distributed.
City Manager gave a briefing on the items listed under the Consent Agenda.
Items 6a-8a
Moved by Councilor Shine that the Consent Agenda be approved.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 6a
RESOLUTION NO. 116-99
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS
AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND
TOURISM INDUSTRY; DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Item 6b
RESOLUTION NO. 117799
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES
PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS;
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 7a
RESOLUTION NO. 118-99
RESOLUTION TO AWARD BID AND CONTRACT FOR THE LAKE WICHITA
RECREATIONAL PARKING LOT PROJECT; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Item 8a
Minutes of the following commission meeting was received.
a. Wichita Falls Arts Commission - September 16, 1999.
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Item 9a
ORDINANCE NO. 102-99
ORDINANCE REZONING 118.72 ACRES OUT OF THE THOMAS TOBY
SURVEY, A-309, FROM HEAVY INDUSTRIAL AND SINGLE FAMILY TO
GENERAL COMMERCIAL ZONING AND AMENDING THE COMPREHENSIVE
PLAN; 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. 102-99 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 9b
ORDINANCE NO. 103-99
ORDINANCE REZONING 1701 & 1703 FIFTH STREET FROM RIVER
DEVELOPMENT DISTRICT TO 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 Altman that Ordinance No. 103-99 be passed.
Motion seconded by Councilor Williams.
Councilor Shine stated that he would be in favor of the Planning & Zoning Commission
looking at larger areas to rezone to help the City grow.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 9c
ORDINANCE NO. 104-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING ORDINANCE NO. 101-84 AT SECTION 3 AND SECTION
5, REDEFINING THE TERM "MANAGER" AND PROVIDING FOR AN
EXPIRATION DATE FOR TERM OF OFFICE; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Esther that Ordinance No. 104-99 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
564
Item 9d
ORDINANCE NO. 105-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, REPEALING SECTION 2-133 THROUGH 2-138 OF CHAPTER 2,
"ADMINISTRATION," CONCERNING THE PLANNING AND ZONING
COMMISSION, AND AMENDING APPENDIX C AT SECTION 7915 AND 7920;
PROVIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN THE
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 Williams that Ordinance No. 105-99 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
RESOLUTION NO. 119-99
RESOLUTION AMENDING CONTRACT TERMS AND CONDITIONS FOR
UTILITY COLLECTION SERVICES PROVIDED BY PRIVATELY OPERATED
BUSINESSES AND AUTHORIZING THE CITY MANAGER TO ENTER INTO
CONTRACTS FOR SUCH SERVICES; DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW
Motion made by Councilor Altman that Resolution No. 119-99 be passed.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10b
RESOLUTION NO. 120-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, REAPPOINTING SUBSTITUTE JUDGE OF THE
MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Moved by Councilor Williams that Resolution No. 120-99 be passed.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
565
Item 11 a
Moved by Councilor Burns to reject bid from Creative 4 Construction & Management
Co., Inc. in the amount of $82,750.00 for the cleaning and painting of a wastewater treatment
digester. This project will be re-bid.
Motion seconded by Councilor Beaty.
Mr. George Bonnett informed that this was the only bid received and it was three times
over what the City of Fort Worth paid and almost two and a half times the projected cost. Re-
bidding will allow for more time and flexibility in the bid preparation process and project
schedule.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 12a
RESOLUTION NO. 121-99
RESOLUTION TO APPROVE CHANGE ORDER NO. 2 FOR THE PHASE 3
SANITARY SEWER IMPROVEMENTS COLLECTION SYSTEM REPLACEMENT
PROJECT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Counselor Williams that Resolution No. 121-99 be passed.
Motion seconded by Counselor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 13a
Councilor Burns complimented Mr. George Bonnett and Staff for reviewing bids very
closely and making careful decisions whether accepting or rejecting bids.
Councilor Burns wished his wife and daughter a happy birthday.
Mayor conveyed a compliment given by a person at Certainteed to two workers from
the Health Department, Charles McDonald and Barbara Bridges. This person expressed
appreciation for their help and acknowledged that they were very professional and
knowledgeable.
Mayor asked Mr. Robert Parker to inform why there was no flight training at Municipal
Airport.
Mr. Parker informed that Department of Defense restrictions prohibit solo flights from
Sheppard Air Force Base, therefore, the instructor would have to fly to another airport to solo a
student. An instructor must be on board for all student departures and landings from Municipal
Airport. This is a non-profit way to do business. Mayor added that it is not an easy way to
conduct training.
Item 13b
Mr. David Lehfeldt presented the Consumer Confidence Report.
566
Item 13b continued
The City Council recessed at 9:55 a.m. Mayor announced that Council would enter into
Executive Session after the recess to consider annual evaluation of City Council Appointees as
authorized by Section 551.074 of the Texas Government Code.
The City Council reconvened in open session at 3:05 p.m. and adjourned at 3:05 p.m.
PASSED AND APPROVED this day of lSL , 1999.
KAT RYN A. YE GER
MAYOR
ATTEST:
[&&-) h
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, October 5, 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: Reverend Charles Nichols Of The Southside
Baptist Church.
3. Presentations: Employee Of The Month
Parks 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. A Resolution Authorizing The City Manager To Execute
Contracts With Several Community Service Organizations
And Organizations That Promote The Convention And
Tourism Industry. (City Council Bill #227)
b. Resolution Authorizing The City Manager To Execute A
Contract With Work Services Corporation For Services
Provided By Vocationally Handicapped Persons. (City
Council Bill #228)
City Council Agenda
Tuesday, October 5, 1999
Page 2
7. Award of Bids:
a. Resolution To Award Bid And Contract For The Lake
Wichita Recreational Parking Lot Project. (City Council Bill
#229)
8. Receive Minutes:
a. Wichita Falls Arts Commission — September 16, 1999
REGULAR AGENDA
9. Ordinances:
a. Ordinance Rezoning 118.72 Acres Out Of The Thomas Toby
Survey, A-309, From Heavy Industrial And Single Family To
General Commercial Zoning And Amending The
Comprehensive Plan. (City Council Bill #230)
b. Ordinance Rezoning 1701 & 1703 Fifth Street From River
Development District To General Commercial Zoning. (City
Council Bill #231 )
c. Ordinance Amending Ordinance No. 101-84 At Sections 3
And 5, Redefining The Term "Manager" And Providing For
An Expiration Date For Term Of Office. (City Council Bill
#232)
d. An Ordinance Repealing Sections 2-133 Through 2-138 Of
Chapter 2, "Administration," Concerning The Planning And
Zoning Commission, And Amending Appendix C At Section
7915 And 7920, To Amend The Powers And Duties Of The
Planning And Zoning Commission, And To Establish
Termination Dates For Service On Said Commission. (City
Council Bill #233)
10. Resolutions:
a. Resolution Amending Contract Terms And Conditions For
Utility Collection Services Provided By Privately Operated
Businesses And Authorizing The City Manager To Enter Into
Contracts For Such Services. (City Council Bill #234)
b. Resolution Reappointing Substitute Judge Of The Municipal
Court For A Term Of Two Years. (City Council Bill #235)
City Council Agenda
Tuesday, October 5, 1999
Page 3
11 . Award of Bids:
a. Rejection Of Bid From Creative 4 Construction &
Management Co., Inc., For The Cleaning And Painting Of A
Wastewater Treatment Digester.
12. Change Orders and Payment Approvals:
a. Resolution To Approve Change Order No. 2 For The
Phase 3 Sanitary Sewer Improvements Collection System
Replacement Project. (City Council Bill #236)
13. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
(1) Presentation On Consumer Confidence Report
c. Executive Session:
(1) Consider Annual Evaluation Of City Council
Appointees As Authorized By Section 551 .074 Of The
Texas Government Code.
14. 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