Min 12/07/1999 593
Wichita Falls, Texas
Memorial Auditorium Building
December 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 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.
Thurmon Murphy, Pastor, First Free Will Baptist Church gave the invocation.
Item 3
Janna Blowers, Personnel Staffing Specialist, was recognized as Employee of the
Month for the month of December. Mayor presented Mrs. Blowers with a plaque, a City pin,
dinners for two, transit passes, and a check.
Mayor recognized the Hirschi Huskie football team and their coach for finishing the
season as 7-4A Tri District Champions and Bi-District Champions. Hirschi Huskie football
team captains Dustin Edelman, Courtney Smith, Jerad Estus, Quang Nyguyen, and Coach
Danny Edelman were present. Mayor read a proclamation in recognition of the outstanding
season that the Hirschi Huskies had and for continuing a winning tradition.
Mayor recognized the Wichita Falls High School Coyotes football team and their coach
for finishing the season as District 7-4A Tri-Champions, Bi-District Champions, and Area
Champions. Coyote football team captains Anwar Bell, Michael Morris, Dan Le, Travis
Goodman, and Coach Leo Brittain were present. Mayor read a proclamation congratulating
them for their athletic achievements.
Councilor Burns commended these teams for their exemplary sportsmanship conduct.
Mayor recognized the Wichita Falls High School Tennis Team for finishing the season
as State 4-A finalists. Team representatives present were Stephanie Brennan, Nadia
Moshtaghi, Kenneth Hines, and J.D. McCain, as well as Coach Jeff Owens. Mayor read a
proclamation applauding their athletic skills.
Mayor read a proclamation encouraging full support and participation in the success of
Census 2000 through the City's various departments. The Census Complete Count
Committee was present and informed that the census count will begin April 1, 2000.
Mayor read a Certificate of Appreciation from the 82"d Training Wing Staff for support in
the Squadron Adoption Program by the City of Wichita Falls. Mayor encouraged everyone to
support the mission of Sheppard Air Force Base.
594
Item 4
Police Officer Frank Menke, 610 Holiday, informed that they had conducted an informal
survey at the Police Department last week. He provided copies of the survey to the Council.
Officer Brad Hardin, 610 Holiday, read the memo attached to the surveys. He stated
that they were representing the members of the Police Department and it was a voluntary
survey in support of Police Chief Ken Coughlin. A copy of this survey is attached hereto as
Exhibit A.
Item 5
The Minutes were approved as distributed.
Items 6a-9b
City Manager gave a briefing on the items listed under the Consent Agenda.
Councilor Shine requested that Item 6e be moved to the regular agenda.
Moved by Councilor Williams that the consent agenda be passed with the exception of
Item 6e.
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 6a
RESOLUTION NO.135-99
RESOLUTION TO APPROVE CONTRACT WITH JASON PAUL SCHENK FOR THE
BENEFICIAL USE OF WATER TREATMENT PLANT SLUDGE ON AGRICULTURAL
LANDS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 6b
RESOLUTION NO. 136-99
RESOLUTION TO APPROVE CONTRACT WITH ROBERT A. LINDEMAN AND
TIMOTHY J. LINDEMAN FOR THE BENEFICIAL USE OF WATER TREATMENT
PLANT SLUDGE ON AGRICULTURAL LANDS; DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Item 6c
RESOLUTION NO. 137-99
RESOLUTION TO APPROVE CONTRACT WITH HASKELL HARRISON FOR THE
BENEFICIAL USE OF WATER TREATMENT PLANT SLUDGE ON AGRICULTURAL
LANDS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 6d
RESOLUTION NO. 138-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING INTERVENTION IN GUD NO. 8976, TXU LONE STAR
PIPELINE'S APPLICATION TO THE RAILROAD COMMISSION TO INCREASE ITS
595
Item 6d continued
CITY GATE RATE; FURTHER AUTHORIZING PARTICIPATION WITH THE
STEERING COMMITTEE OF CITIES SERVED BY LONE STAR IN PROCEEDINGS
BEFORE THE RAILROAD COMMISSION ON SUBSEQUENT APPEALS; REQUIRING
RATE CASE EXPENSE REIMBURSEMENT OF REASONABLE COSTS INCURRED
BY THE STEERING COMMITTEE FOR ATTORNEYS, CONSULTANTS AND
WITNESSES AND OTHER ASSOCIATED COSTS; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Item 7a
Bid was awarded to Ron Roberts Ford in the amount of $13,587.75 for the purchase of
one (1) '/2 ton cab and chassis.
Item 7b
Bid was awarded to Kawasaki City in the amount of$17,374.00 for the purchase of two
(2) police motorcycles.
Item 7c
Bid was awarded to Herb Easley Motors in the amount of$20,386.19 for the purchase of
one (1) minivan, and to Ron Roberts Ford in the amount of$21,998.75 for one (1) full-size
passenger van.
Item 7d
Bid was awarded to Herb Easley Motors in the amount of$58,279.36 for the purchase of
four (4) 4-door sedans.
Item 8a
RESOLUTION NO. 140-99
RESOLUTION TO ACCEPT THE PLUM LAKE SHORELINE IMPROVEMENTS
PROJECT AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 8b
RESOLUTION NO. 141-99
RESOLUTION TO APPROVE CHANGE ORDER NO. 2 AND ACCEPT THE
NORTHSIDE WASTEWATER TREATMENT PLANT NITRIFICATION UPGRADE
PROJECT AND AUTHORIZE FINAL PAYMENT TO CONTROL SPECIALIST, INC.;
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 8c
RESOLUTION NO. 142-99
RESOLUTION TO ACCEPT THE PHASE 3 SANITARY SEWER IMPROVEMENTS
COLLECTION MANHOLE REHABILITATION PROJECT AND AUTHORIZE FINAL
PAYMENT TO KRAPFF-REYNOLDS CONSTRUCTION; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Item 9
Minutes of the following Board & Commission meetings were received.
a. Board of Electrical Examiners— October 14, 1999
b. Planning & Zoning Commission - September 8, 1999 and October 13, 1999
596
Item 6e
RESOLUTION NO. 139-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH C2
CONSULTING SERVICES, INC., FOR THE PURPOSES OF PERFORMING A
REVIEW AND AN ANALYSIS OF THE APPLICATION OF TXU GAS TO INCREASE
NATURAL GAS SERVICE RATES IN THE CITY OF WICHITA FALLS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Williams that Resolution No. 139-99 be passed. "
Motion seconded by Councilor Altman.
City Attorney informed that Connie Cannaday worked on the last two rate cases that
Lone Star has filed with the City and provided rate analysis of those two cases. Our
experience with her has been very satisfactory. The cost is a little over $10,000 and is
normally passed on to the ratepayers in their gas bill over three years, which amounts to
pennies. Inasmuch as we are looking at a 15% potential rate request increase, $1.16+ million,
it is advisable to obtain experience and expertise.
Councilor Shine stated that the City Attorney had provided the answer to his question
regarding the rate and the fact that the public should be made aware of that.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10a
ORDINANCE NO. 122-99
ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A FIRST
RESPONDER EQUIPMENT PURCHASE GRANT FROM THE TEXAS DEPARTMENT
OF HEALTH, BUREAU OF EMERGENCY MANAGEMENT AND APPROPRIATING
$5,312 FOR THE PURCHASE OF MEDICAL FIRST RESPONDER EQUIPMENT;
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. 122-99 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 10b
ORDINANCE NO. 123-99
ORDINANCE APPROPRIATING A $205,000 GRANT FROM THE U.S. DEPARTMENT
OF JUSTICE FOR THE WEED AND SEED PROGRAM; DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Moved by Councilor Beaty that Ordinance No. 123-99 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
597
Item 10b continued
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10c
ORDINANCE NO. 124-99
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, RATIONING THE USE OF OUTSIDE WATER WITHIN THE CITY OF
WICHITA FALLS; PROVIDING A PENALTY PROVISION; AND DECLARING
AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Beaty that Ordinance No. 124-99 be passed
Motion seconded by Councilor Williams.
Mr. Bonnett informed that the elevation of the lakes had dropped to a very low level.
The Water Resources Commission has considered how to address this situation and are ready
to present the second element of the Drought Contingency Plan.
Mrs. Liz Martin, member of the Water Resources Commission provided information on
the second element of the Drought Contingency Plan and noted that it is not a demand
problem at this point but a supply problem.
Mr. David Lehfeldt detailed the specifics of the proposed ordinance. A discussion
ensued regarding water conservation and concern was expressed about targeting the car
wash industry.
In view of the water situation Mayor mentioned the Red River Chloride Project and
challenged everybody that is a user of Wichita Falls water, whether in or out of the City, to
write their congressman and senators to move the Red River Chloride project forward.
Mr. Bonnett commented on the seriousness of the problem we are facing. We are at
52% lake level and are dropping at .1% per day and that suggests that within 100 days,
depending on the weather we can be at the 40% level. It will take approximately six to eight
inches of rain to bring us out of difficulty this spring. It is not a disaster yet, but if we get to the
40% lake level in 100 days and no rainfall -we are very concerned. Mayor commented that we
are all in this together and we all need to cooperate to conserve water and delay the advent of
the 40% lake level.
A lengthy discussion followed with concern being expressed that only one industry was
being singled out and that everyone needed to cooperate to resolve this situation.
Mr. Bonnett provided the following information on future alternatives of where to go for
additional sources of water: 1) Sewage treatment plant effluent at an approximate cost of $6
million for 12'/2 million additional gallons of water per day. 2) Creating a lake system close to
the River Road Sewage Treatment Plant; 3) Take the effluent and pump it down to the Jasper
Water Treatment Plant and set up a reverse osmosis plant there at an approximate cost of$25
million which would provide an additional 10 million gallons of drinking water. 4) Use of Lake
Kemp and Lake Diversion water by enhancing the irrigation canal and moving the water down
the canal to a treatment plant somewhere in the west end of the community at approximately
$30 million. This process would loose a lot because of evaporation and percolation into the
soil. In addition, we would have to get rid of contaminated water and possibly look at an
injection well. 5) Build a reverse osmosis treatment plant at Lake Diversion and move finished
product down at an approximate cost of $46 million. We think we can still do this at
approximately $30 million if we set the plant at the west end of the City and bring it down by
irrigation canal. There is an expedient means, short term we would flow water from Lake
Diversion down the irrigation canal and pump over under standard treatment for about $1
million. If we get to the 40% lake level we can use this method.
598
Item 10c continued
The last option is Lake Ringold. The design permitting and filling of Lake Ringold would
take 15-20 years and the cost to get water from that lake would be approximately $200 million,
about $10 million per year.
Mr. Bonnett reminded everyone that restrictions are complete cessation of all irrigation.
We need to use water wisely.
Mayor requested that Mr. Bonnett give information on the large water users. Mr.
Bonnett provided a list of twenty of the largest water users and stated that most of these
cannot reduce water usage significantly but most have indicated to do what they can to help.
He noted that the City is on the list and will also have to tighten water usage.
Mr. David Tate, 2309 Brookhollow, Attorney for the car wash people spoke against the
proposed ordinance. Mr. Tate noted that the car washes were being hit harder than any other
industry. He gave reasons why other industries should be looked at in conserving water. In a
spirit of cooperation he stated that they would agree to the following: Full-service car washes
would shut down one day per week which would be a floating day. Self-service car washes
would be closed on Monday and Tuesday except from 12 noon to 6 p.m.
This and other suggestions were discussed as possible solutions.
The following persons spoke against the ordinance and requested that Council consider
the situation of the car wash industry.
David Poteet, 2406 5tn Street
Greg Williams, 2825 Elmwood
Greg Stockton, 4923 Quail Springs, Restaurant Association, said they would do their
part to make citizens aware of this critical water situation.
Bill Daniel, 2302 Brookhollow, stated that he is a member of the Red River Authority
and they are aware of the critical water supply situation. In ten years we will be where we are
right now and this situation needs to be addressed now. He suggested that Council form a
task force to address this. He added that he would advocate the treatment of effluent.
Mayor commented that it is time for everybody to take responsibility to conserve water.
City Council recessed at 11:20 a.m. and reconvened at 11:35 a.m.
Discussion of Item 10c resumed.
Moved by Councilor Altman that Section 2 of the proposed ordinance be amended by
striking the words "Tuesday, Wednesday, and Thursday" after the word operate, and
substitute, "therefore, more than six days per week and more than eight hours per day on any
one day from Monday through Friday".
Motion seconded by Councilor Williams.
Councilor Shine was opposed to this proposal but was in agreement with the proposal
presented by Mr. David Tate of full service car washes closing one day per week and self
service car washes closing Monday and Tuesday except from 12 noon to 6 p.m.
Councilor Burns suggested amending Councilor Altman's motion to ten hours instead of
eight. Councilor Altman said that he would accept that amendment to his amendment.
Mr. David Poteet expressed concern on behalf of the self-service car washes and said
that he did not feel they should be limited to ten hours from twenty-four hours a day. He stated
that they could not live on that.
Councilor Burns stated that he was concerned about that and suggested that one day
they all would be closed and self service from 12a.m. to 6a.m. Instead of operating ten hours
a day, self-service would operate eighteen hours a day six days a week and full service would
operate ten hours a day for six days a week. Mr. Poteet agreed with this suggestion.
Item 10c continued
599
Chuck Bradley, 4312 Grant's Glen, informed that the total car washes water usage for
November was 3 million gallons compared to 660 million gallons of City water usage. He said
that if the City shuts down all the car washes for twelve months they would only gain one and a
half days of water and if the City closed us down for 18 years they would only get one month of
water. It is a perception issue and asked that Council take that into consideration.
Councilor Altman withdrew his amendment and asked to submit a new proposal. Mayor
asked for concurrence from the Councilor who seconded the primary amendment and those
Councilors who moved and seconded the secondary amendment. All were in agreement.
Moved by Councilor Altman to amend the proposed resolution by striking the words
Tuesday, Wednesday, and Thursday" after the word operate and adding the following phrase
and sentences: "more than six days per week. Full-service commercial car washes shall not
operate more than ten hours on any one day. Self-service commercial car washes shall not
operate more than eighteen hours on any one day".
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Mayor Yeager to amend Section 2, by adding the following sentence to the
end of the second paragraph: "All outside washing by hand-held hose is prohibited".
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Councilor Altman to amend Section 2 by adding 'It shall be unlawful for non-
profit organizations, charities, and school organizations and similar organizations to conduct
fundraising car washes during the time this ordinance is in effect.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Original motion as amended carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Mayor stated that she would be appointing a Council Committee to work with Mr.
George Bonnett and whoever he chooses as we look in-depth at our future water needs and
what we can do in an expeditious manner. As we look at utilization of the wastewater effluent it
is extremely important that we make some moves now to preserve those water rights for the
future or present use of our citizens and also look at the water rights at Lake Kemp. Mayor
mentioned that there is already talk in the Regional Water Planning groups that if we are not
using that water it would be up for grabs to other regions. It is time for this City to move
forward to conserve and preserve those water rights for the use of our citizens.
City Council recessed at 12:20 p.m. to participate in the groundbreaking ceremony at
the Kemp Center.
City Council reconvened at 1:35 p.m.
Mayor stated that she had a request to move Item 11 b up.
600
Item 11 b
RESOLUTION NO. 144-99
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL
LEASE AGREEMENT WITH BARRY AND RON DYER FOR THE LAKE KICKAPOO
GENERAL STORE/BOAT WORKS FOR A FIVE YEAR PERIOD BEGINNING ON
DECEMBER 13, 1999 THROUGH JANUARY 31, 2004; 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. 144-99 be passed.
Motion seconded by Councilor Shine.
City Attorney stated that there is a correction that needs to be made to the lease.
Paragraph 5 under Tract 2 should read: "Lessee shall provide general liability insurance in the
aggregate amount of Three Hundred Thousand and No/100 ($300,000.00) Dollars, with One
Hundred Thousand and No/100 ($100,000.00) Dollars per each personal individual injury, and
a minimum of Fifty Thousand and No/100 ($50,000.00) Dollars per each personal property
damage occurrence on the leased premises for the operation of the commercial lease". City
Attorney informed that the figures had been reversed.
Motion as corrected carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 10d
ORDINANCE NO. 125-99
ORDINANCE MAKING APPROPRIATIONS IN THE GENERAL FUND AND
FLEET MAINTENANCE FUND AS PART OF THE 1998-99 FISCAL YEAR END
CLOSING PROCESS; 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. 125-99 be passed.
Motion seconded by Councilor Esther.
Councilor Shine expressed concern that the Employee Benefit Trust Committee is not
utilized until we have problems and it would be better if this Committee provided a report. He
felt that a long-term solution was needed such as a reserve fund.
Mrs. Jan Stricklin explained that the Employee Benefit Trust Committee received its
information at a late date but met soon thereafter. She provided information on ways to assist
in preventing this shortfall again.
Motion carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Item 11 a
RESOLUTION NO. 143-99
RESOLUTION APPROVING THE TRANSFER OF VARIOUS AGED RECEIVABLE
AND INVENTORY ACCOUNTS TO DORMANT STATUS AS PART OF THE CITY'S
601
Item 11 a continued
FISCAL YEAR END CLOSING PROCESS; 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. 143-99 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 11 c
RESOLUTION NO. 145-99
RESOLUTION ADOPTING AN ANNEXATION PLAN AS REQUIRED UNDER
CHAPTER 43.052, TEXAS LOCAL GOVERNMENT CODE; 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. 145-99 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 11 d
RESOLUTION NO. 146-99
RESOLUTION TO ACCEPT THE EAST INWOOD DRAINAGE & SEWER
RELOCATION/JACQUELINE MANHOLE STABILIZATION PROJECT AND
AUTHORIZE FINAL PAYMENT TO MCGRATH BROTHERS CONCRETE;
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.146-99 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 11 e
RESOLUTION NO. 147-99
RESOLUTION TO ACCEPT THE LAKE WICHITA BOAT RAMP AND PIER PROJECT
(TPW) AND AUTHORIZE FINAL PAYMENT TO SCALES CONCRETE;
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Move by Councilor Beaty that Resolution No. 147-99 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
602
Item 11 a continued
Nays: None
Item 12a
Moved by Councilor Williams to award bid for the purchase of the City's estimated
annual requirement of curb & gutter mix to ABC Ready Mix in the amount of$6,400.00, and
flowable fill to Pitts Ready Mix in the amount of$14,800.00.
Motion seconded by Councilor Shine and carried by the following vote. 'ar`KK
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
In accordance with V.T.C.A., Local Government Code Section 271.901, lots were cast
to break tie bids in the amount of$82,312.50 for three other types of concrete mix and the
following were selected: 1) O.K. Concrete, 2) Pitts Ready Mix, and 3) ABC Ready Mix.
Moved by Councilor Williams to approve award of bids on other types of concrete mix
as follows:
OK Concrete - 1000CY Class S at $67.50/cy = $67,500.00
Pitts Ready Mix - 150CY Class A at $62.50/cy = $9,375.00
ABC Ready Mix - 75CY C-C at $72.50/cy = $5,437.50
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 12b
Moved by Councilor Altman to award bid to Ron Roberts Ford in the amount of
$25,723.60 for the purchase of one ton four-door crew cab.
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 12c
Moved by Councilor Altman to award bid to Ron Roberts Ford in the amount of
$66,555.45 for the purchase of three (3) one ton dual wheel cab & chassis.
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 12d
Moved by Councilor Altman to award bid to Patterson Auto Center in the amount of
$81,115.00 for the purchase of five (5) '/2 ton pickups, and to Ron Roberts Ford in the amount
of$144,392.00 for the purchase of eight (8) %ton pickups.
603
Item 12d continued
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 12e
Moved by Councilor Altman to award bid to Otto Industries in the amount of
$272,650.00 for the purchase of rollout refuse carts.
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 12f
Moved by Councilor Williams to award bid to Village Ford in the amount of$305,730.00
for the purchase of fifteen (15) police patrol vehicles.
Motion seconded by Councilor Beaty.
Ron Roberts, President Ron Roberts Ford, stated that they were not the low bidder on
police vehicles but have consistently been low bidder in the past. He requested that Council
accept their bid based on HB2787 which allows the local government to enter into a contract to
purchase real property from a local company if their bid is within 3% of the low bid. Mr. Roberts
stated that they offer the best combination of contract price and additional economic
development opportunities including but not limited to employment of local residents, tax
revenue, and a very large economic impact on our City. He provided details and figures as
supportive information.
City Attorney explained that in cities with a population under 100,000 effective
September 1, 1999, it is now permissive for those municipalities to consider bids other than low
bid if bid is within 3% of low bid and bidder is a resident of the city considering purchase of
equipment or commodities. Council must find that making such an award would aid local job
retention, would be of benefit to the local tax base, and be an economic benefit to the
community. It is a permissive procedure that Council can weigh on a case by case basis and I
think this is one of those cases that is applicable for that consideration. Our position is if the
City acquires a reputation for favoring local bidders we are not going to see outside bids and
local bid is not going to be competitive.
Motion failed by the following vote.
Ayes: Mayor Yeager, Councilors Williams and Beaty
Nays: Councilors Shine, Esther, Altman, and Burns
Moved by Councilor Altman to award bid to Ron Roberts Ford in the amount of
$311,534.25 for the purchase of fifteen (15) police patrol vehicles.
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Yeager, Councilors Shine, Esther, Altman, and Burns
Nays: Councilors Williams and Beaty
604
Item 12g
Moved by Councilor Altman to award bid to T.W. Struck in the amount of$14,161.00; to
Bobby Brown in the amount of$5,899.00; and to David Struck in the amount of$6,025.00 for
the mowing of City owned and abandoned properties throughout the City.
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 12h
Moved by Councilor Altman to reject bid from Duke Construction Company for the
Martin/Speedway Landscape Project.
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 13a
Councilor Burns referred to the water situation and stated that he hopes everyone sees
that we have a serious problem and that we will all do everything we can individually as well as
our businesses to help.
Councilor Beaty expressed appreciation to Mr. George Casper and Mrs. Robin Scales
for the work they have done for MPEC and continue to do in bringing people to our City and
helping our community.
Mayor Yeager thanked Councilor Beaty for his comments. Regarding the water situation,
the Mayor asked for cooperation from everyone here in the City and from those who purchase
water from us that they contribute to the conservation of water in the months ahead.
Item 13b
City Manager informed that the City of Wichita Falls is projected to increase in
population by 35% between the years of 2000 and 2010.
Mr. Jack Murphy, Benny Butler, and Terry Points gave a presentation on new watering
technology, which will help in water conservation.
Mr. Robert Parker informed that a public hearing would be held on the Kickapoo
AirPark on December 20, 1999 at 6 p.m. at MPEC.
Chief Coughlin gave a report on the impound lot. He informed that some of the wrecker
companies had approached the Police Department about having the impound lot handled by a
private wrecker company. Donnie's Wrecker Service has submitted a proposal to handle the
impound lot. However, before obtaining input from the other wrecker companies, Chief wanted
to bring it to Council's attention and ask for direction. Chief informed on the proposal
submitted by Donnie's Wrecker Service. Chief said that he wants to have an open forum for
all interested parties to discuss a draft for the final proposal. The final proposal will be brought
to Council.
It was Council consensus to move forward on this.
605
Item 13c
City Council went into Executive Session at 3:30 p.m. as authorized by Section 551.074
of the Texas Government Code. City Council reconvened at 4:10 p.m.
Item 13d
Moved by Councilor Shine to appoint Mr. Rick Boone and reappoint Mr. Ken Birck,
Place 4, to the Airport Board of Adjustment with terms to expire 12/31/2001. Mr. Boone will
replace Mrs. Mary Jo Hester, Place 2.
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Councilor Shine to reappoint Mrs. Sunny Davidson, Place 5, and Mr. Jerry
Vandiver, Place 6, to the Clean Community Commission with terms to expire 12/31/2001.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Councilor Shine to reappoint Mr. Eric Norris, Place 1, to the Clean
Community Commission with term to expire 12/31/2001.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Councilor Shine to reappoint Mrs. Katherine Philips, Place 2, Mr. Allen
Cherry, Jr., Place 8, and Mr. Brent Walker, Place 9, to the Commission on Human Needs with
terms to expire 12/31/2001, and that the following persons be appointed with terms to expire
as set out:
Place 1, Mrs. Janice Manzo replaces Mr. Robert Thomas. Term expires
12/31/2001.
Place 3, Mrs. Deanna Taylor replaces Mr. Bob McBee. Term expires
12/31/2001.
Place 4, Mrs. Renee Jackson replaces Mr. Harley Brackelsburg. Term expires
12/31/2001.
Place 5, Mr. Steve Keller replaces Mr. Bobby Hall. Term expires 12/31/2001.
Place 7, Mrs. Sharon Ray replaces Mr. Corry Blount. Term expires 12/31/2000.
Place 13, Mr. Ron Steele replaces Mrs. Mary Walker, Term expires 12/31/2000.
Place 14, Mrs. Maria Maldonado replaces Mr. Robert Randolph, Term expires
12/31/2001.
Place 15, Mr. David Westin replaces Mr. Don Carter. Term expires 12/31/2001.
Place 17, Mr. J. D. Jamar replaces Mr. Bill Winaski. Term expires 12/31/2000.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Councilor Shine to appoint Mr. Dick Bundy to the Landmark Commission with
term to expire 12/31/ 2002. Mr. Bundy will replace Mr. Ronald Fox, Place 6.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
606
Item 13d continued
Nays: None,.
Moved by Councilor Shine to reappoint Mr. Ronnie Awtry, Place 9, Mr. Jody Wade,
Place 12, and Mr. David Westen, Place 13, to the Traffic Safety Commission with terms to
expire 12/31/2002.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Councilor Shine to appoint Dr. Russell Porter and Mr. Greg Stockton to the
Wichita Falls/Wichita County Public Health Board with terms to expire 12/31/2001, and to
reappoint Mr. Michael W. Brooking, Place 3, with term to expire 12/31/2001. Dr. Porter will
replace Mr. Dewey Nicholson, Place 1 and Mr. Stockton will replace Mrs. Peggy Jo Scott,
Place 4.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Councilor Shine to reappoint Mr. Robert Reid, Jr., Place 1, Mr. Jerry
Cedrone, Place 2, and Mrs. Elizabeth Edwards, Place 3 to the Aviation Advisory Board with
terms to expire 12/31/ 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
Moved by Councilor Shine to reappoint Mrs. Linda Ammons, Place 1, Mr. Arnold
Oliver, Place 2, Mr. Jimmy Stacks, Place 3, Mr. Dick Harris, Place 4, and Mr. J W Martin, Place
5, to the Commission on Highway Transportation Needs with terms to expire 12/31/2001.
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Councilor Shine to reappoint Mr. Gary Oatman, Place 3, Mr. Jackie Lebow,
Jr., Place 4, Mr. Sydney Litteken, Place 10, and Mr. David Rhone, Place 11, to the
Construction Board of Adjustments and Appeals with terms to expire 12/31/2001.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Moved by Councilor Shine to reappoint Mr. Gary Patrick, Place 1, Mr. Donald E.
Graham, Place 3, and Mr. Clark Waters, Place 8, to the Park Board with terms to expire
12/31/2002.
Motion seconded by Councilor Beaty and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
607
Item 13d continued
Moved by Councilor Shine to appoint Mrs. Lou Ann Phillips to the Zoning Board of
Adjustments with term to expire 12/31/2001 and to reappoint Mr. John Key, Place 2, Mr.
Donald McKinney, Place 3, and Mr. Charles Peters III, Place 4, with terms to expire
12/31/2001. Mrs. Phillips will replace Mr. Bobby Redwine, Place 5.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty
Nays: None
Appointments to the Clean Community Commission, Traffic Safety Commission, and
Water Resources Commission will be considered at the December 21, 1999 Council meeting.
The City Council adjourned at 4:20 p.m.
PASSED AND APPROVED this day of 1999.
TH YN YEA R
MAYOR
ATTEST:
Lydia Torres
City Clerk
g-..r,.
�cei
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, December 7, 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: Thurmon Murphy, Pastor
First Free Will Baptist Church
3. Presentations: Employee Of The Month
4. Comments From The Public To Members Of The City Council
On Items That 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 To Approve Contract With Jason Paul Schenk
For The Beneficial Use Of Water Treatment Plant Sludge On
Agricultural Lands. (City Council Bill #267)
b. Resolution To Approve Contract With Robert A. Lindeman
And Timothy J. Lindeman For The Beneficial Use Of Water
Treatment Plant Sludge On Agricultural Lands. (City Council
Bill #268)
6. Resolutions (cont'd):
City Council Agenda
Tuesday, December 7, 1999
Page 2
c. Resolution To Approve Contract With Haskell Harrison For
The Beneficial Use Of Water Treatment Plant Sludge On
Agricultural Lands. (City Council Bill #269)
d. Resolution Authorizing Intervention In GUD No. 8976, TXU
Lone Star Pipeline's Application To The Railroad
Commission To Increase Its City Gate Rate; Further
Authorizing Participation With The Steering Committee Of
Cities Served By Lone Star In Proceedings Before The
Railroad Commission In Subsequent Appeals. (City Council
Bill #270)
e. Resolution Authorizing Contract With C2 Consulting
Services, Inc. For A Review And Analysis Of The Application
By TXU Gas To Increase Natural Gas Service Rates. (City
Council Bill #271)
7. Award of Bids:
a. Award Of Bid For The Purchase Of One (1) 1/2 Ton Cab &
Chassis To Ron Roberts Ford In The Amount Of
$13,587.75.
b. Award Of Bid For The Purchase Of Two (2) Police
Motorcycles To Kawasaki City In The Amount Of
$17,374.00.
c. Award Of Bid For The Purchase Of One (1 ) Minivan From
Herb Easley Motors In The Amount Of $20,386.19 And One
(1) Full-Size Passenger Van From Ron Roberts Ford In The
Amount Of $21 ,998.75.
d. Award Of Bid For The Purchase Of Four (4) 4-Door Sedans
To Herb Easley Motors In The Amount Of $58,279.36.
8. Change Orders and Payment Approvals:
a. Resolution To Accept The Plum Lake Shoreline
Improvements Project And Authorize Final Payment To
Duke Construction. (City Council Bill #272)
b. Resolution To Approve Change Order No. 2 And Accept The
Northside Wastewater Treatment Plant Nitrification
Upgrades Project And Authorize Final Payment To Control
Specialist, Inc. (City Council Bill #273)
8. Change Orders and Payment Approvals (cont'd):
City Council Agenda
Tuesday, December 7, 1999
Page 3
c. Resolution To Accept The Phase 3 Sanitary Sewer
Improvements Collection Manhole Rehabilitation Project And
Authorize Final Payment To Krapff-Reynolds Construction.
(City Council Bill #274)
9. Receive Minutes:
a. Board of Electrical Examiners — October 14, 1999
b. Planning & Zoning Commission
- September 8, 1999
- October 13, 1999
REGULAR AGENDA
10. Ordinances:
a. Ordinance Authorizing The City Manager To Accept A First
Responder Equipment Purchase Grant From The Texas
Department Of Health, Bureau Of Emergency Management
And Appropriating $5,312 For The Purchase Of Medical
First Responder Equipment. (City Council Bill #275)
b. Ordinance Appropriating A $205,000 Grant From The
Department Of Justice For The Weed and Seed Program.
(City Council Bill #276)
c. Ordinance Rationing The Use Of Outside Water Within The
City Of Wichita Falls. (City Council Bill #277)
d. Ordinance Making Appropriations In The General Fund And
Fleet Maintenance Fund As Part Of The 1998-99 Fiscal
Year End Closing Process. (City Council Bill #278)
11 . Resolutions:
a. Resolution Approving The Transfer Of Various Aged
Receivable And Inventory Accounts To Dormant Status As
Part Of The City's Fiscal Year End Closing Process. (City
Council Bill #279)
11. Resolutions (cont'd):
City Council Agenda
Tuesday, December 7, 1999
Page 4
b. Resolution Authorizing The City Manager To Execute A
Commercial Lease Agreement With Barry And Roy Dyer For
The Lake Kickapoo General Store/Boat Works For Five
Years. (City Council Bill #280)
c. Resolution Adopting An Annexation Plan As Required Under
Chapter 43.052 Texas Local Government Code. (City
Council Bill #281)
d. Resolution To Accept The East Inwood Drainage & Sewer
Relocation/Jacqueline Manhole Stabilization Project And To
Authorize Final Payment To McGrath Brothers Concrete.
(City Council Bill #282)
e. Resolution To Accept The Lake Wichita Boat Ramp And
Pier Project (TPW) And To Authorize Final Payment To
Scales Concrete. (City Council Bill #283)
12. Award of Bids:
a. Award Of Bid For The Purchase Of The City's Estimated
Annual Requirement Of Curb & Gutter Mix To ABC Ready
Mix In The Amount Of $6,400.00; Flowable Fill To Pitts
Ready Mix In The Amount Of $14,800.00; And Other Types
Of Concrete Mix To Bidders As Determined By The Casting
Of Lots To Break Tie Bids, In The Amount Of $82,312.50.
b. Award Of Bid For The Purchase Of One (1) 1-Ton 4-Door
Crew Cab To Ron Roberts Ford In The Amount Of
$25,723.60.
c. Award Of Bid For The Purchase Of Three (3) 1-Ton Dual
Wheel Cab & Chassis To Ron Roberts Ford In The Amount
Of $66,555.45.
d. Award Of Bid For The Purchase Of Five (5) %2 Ton Pickups
To Patterson Auto Center In The Amount Of $81 ,115.00 And
Eight (8) % Ton Pickups To Ron Roberts Ford In The
Amount Of $144,392.00.
e. Award Of Bid For The Purchase Of Roll-Out Refuse Carts
To Otto Industries In The Amount Of $272,650.00.
f. Award Of Bid For The Purchase Of Fifteen (15) Police Patrol
Vehicles To Village Ford In The Amount Of $305,730.00.
12. Award of Bids (cont'd):
City Council Agenda
Tuesday, December 7, 1999
Page 5
g. Award Of Bid For Mowing Of City Owned And Abandoned
Properties Throughout The City To T.W. Struck In The
Amount Of $14,161 .00; Bobby Brown In The Amount Of
$5,899.00; And David Struck In The Amount Of $6,025.00.
h. Rejection Of Bid From Duke Construction Company for the
Martin/Speedway Landscape Project.
13. 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 Airport Board of Adjustment, Commission on
Human Needs, The Landmark Commission, The
Wichita Falls/Wichita County Public Health Board,
The Construction Board of Adjustment and Appeals,
and The Zoning Board of Adjustments As Authorized
By Section 551 .074 Of The Texas Government Code.
d. Appointments To Boards And Commissions
- Airport Board of Adjustment
- Clean Community Commission
- Commission on Human Needs
- Landmark Commission
- Traffic Safety Commission
- Water Resources Commission
- Wichita Falls/Wichita County Public Health Board
- Aviation Advisory Board
- Commission on Highway Transportation Needs
- Construction Board of Adjustments and Appeals
- Park Board
- Zoning Board of Adjustments
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
City Council Agenda
Tuesday, December 7, 1999
Page 6
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