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Min 12/21/1999 608 Wichita Falls, Texas Memorial Auditorium Building December 21, 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. Reggie Coe, Pastor of Grace Church, gave the invocation. Item 3 Mrs. Beverly Williamson, Director River Bend Nature Works, introduced some of the children who worked on a project entitled "Christmas for the Birds". The children presented a gift to Council and Staff, which was a bird feeder the children had made. Mayor and Councilors presented the children with City pins and pencils. Mrs. Williamson gave a report on the River Bend Nature Works. She expressed appreciation to the Boy Scouts for all their work at the Nature Works. Mayor recognized Boy Scout Troop 88 and Scout Master Craigo Gaines. They were presented with City pins. Mrs. Barbara Clements introduced Gwen McWhorter, Vital Statistics/City Registrar, who presented the Mayor with the 1999 Five-Star Vital Registration Award. This is the second year that Vital Statistics has won this award. Mayor congratulated Mrs. McWhorter for this award and for doing a good job. Item 4 Melvin Barmore, 4729 Alamo, requested a waiver for curbs, gutters and sidewalks at property located on Rathgeber and Deer Creek Roads. He showed pictures of the area and stated that no one in that vicinity had curbs, gutters or sidewalks. Mr. George Bonnet informed that City Ordinance requires deposit of funds which will be held in escrow in perpetuity or until the improvement is made. Mayor directed Mr. Barmore to speak with Mr. Bonnett to obtain details on proper procedures. 609 Item 5 The Minutes were approved as corrected. City Manager gave a briefing on the items listed under the Consent Agenda. Items 6a-7e Councilor Beaty requested that Item 6a be brought down to the Regular Agenda. Moved by Councilor Altman that the Consent Agenda be passed with the exception of Item 6a. 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 6b Bid was awarded to Douglas Floor Company in the amount of$19,981.50 to furnish and install carpet at the Wichita Falls Police Department. Item 7 Minutes of the following Board & Commission meetings were received. a. Planning & Zoning Commission — November 10, 1999 b. Board of Electrical Examiners — November 11, 1999 c. Water Resources Commission — November 12, 1999 d. Board of Adjustment— November 17, 1999 e. Park Board — November 18, 1999 Item 6a Moved by Councilor Altman to approve purchase of one (1) John Deere Tractor with Brush Hog in the amount of$42,507.00 and one (1) Toro 16' Bat Wing Mower in the amount of $52,905.00 through the Houston-Galveston Area Council of Governments Cooperative Purchasing Program. Motion seconded by Councilor Beaty. Mrs. Peggy Gahagan explained the Council of Governments Cooperative Purchasing Program process. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns and Beaty Nays: None Item 8a ORDINANCE NO. 126 -99 ORDINANCE MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 610 Item 8a continued Moved by Councilor Beaty that Ordinance No. 126-99 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 8b ORDINANCE NO. 127-99 ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $15,822 FOR THE PURCHASE OF CURBSIDE RECYCLING CONTAINERS AND AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT ACCEPTING SAME; 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. 127-99 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Ester, Altman, Burns and Beaty Nays: None Item 9a RESOLUTION NO. 148-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE SALE OF A PORTION OF SURPLUS PROPERTY IN WEEKS PARK ALONG WEEKS PARK LANE AND PLACEMENT OF SAME ON THE NEXT GENERAL CITY COUNCIL ELECTION; 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. 148-99 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 Items 9b RESOLUTION NO. 149-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR ELEVENTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; 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. 149-99 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 611 Item 9c RESOLUTION NO. 150-99 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION MANAGER AGREEMENT WITH ELECTRA CONSTRUCTION CO., INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 150-99 be passed. Motion seconded by Councilor Altman. City Manager detailed the Construction Manager Agreement and the responsibilities involved. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns and Beaty Nays: None Item 9d RESOLUTION NO. 151-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE RESERVATION SERVICES, INC., A SUBSIDIARY OF BUDGET GROUP, INC. AS AN ENTERPRISE ZONE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT; 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. 151-99 be passed. Motion seconded by Councilor Altman. Mr. Robert Powers informed that this resolution would replace action taken by City Council in November. This resolution will change the name of the company from Budget Group, Inc., which is the parent company, to Reservation Services, which is a subsidiary. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns and Beaty Nays: None Item 10a Moved by Councilor Burns to award bid to Santa Rosa Construction in the amount of $325,448 for renovation of the Wichita Falls Public Library's second floor, which will be used by the Parks & Recreation Department. Motion seconded by Councilor Williams. Councilor Shine explained how the base bid works in relation to alternates. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns and Beaty 612 Item 10a continued Nays: None Item 11 a City Council wished everyone a Merry Christmas and a safe new year. Appreciation was expressed to the Staff and City employees for their dedication and hard work. Mr. David Lehfeldt gave an update on water rationing. Item 11 b City Attorney reported that all calls on water rationing are being routed to the Legal Department. He reported on the calls that have been received. Mayor informed that she appointed a Council committee that has already met to look at future water sources. This committee will be reporting to the Council on different avenues to develop water sources. City Manager reciprocated holiday greetings to the Council on behalf of the Staff and the City employees. Item 11 c City Council went into Executive Session at 10:10 a. m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:17 a. m. Item 11d(1) Moved by Councilor Altman to appoint Mrs. Dorothy Rhone to the Clean Community Commission with term to expire 12/31/2001. Mrs. Rhone will replace Mrs. Pat Nelson, Place 4. 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(2) Moved by Councilor Altman that Mr. Earl Rooks, III, Place 9, be removed from the Planning and Zoning Commission for non-attendance. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Appointments to this Commission will be considered at the next Council meeting. Item 11 d(3) Moved by Councilor Altman to appoint Mr. Sam McKelvey to the Traffic Safety Commission, with term to expire12/31/2002. Mr. McKelvey will replace Mrs. Helen "Penny" Henderson, Place 8. 613 Item 11 d(3) continued Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None It was noted that applicants were needed from Councilor Districts 2 and 5. Item 11 d(4) Moved by Councilor Shine to appoint Mr. Charles Bentley to the Water Resources Commission, with term to expire 12/31/2001. Mr. Bentley will replace Mr. Mark Terning, Place 4. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None It was noted that applicants were needed from the homebuilding industry and landscaping industry. Item 11 d(5) Moved by Councilor Shine to appoint Mr. J.D. Ruiz to the Zoning Board of Adjustment, Place 5, with term to expire 12/31/2000. Mrs. Lou Ann Phillips who was appointed December 7, 1999 serves on the Planning & Zoning Commission and that posed a conflict, therefore Mr. Ruiz was appointed to replace Mrs. Phillips. 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(6) Moved by Councilor Shine to reappoint Mr. Clarence Muehlberger, Place 11, to the Commission on Highway Transportation Needs, with term 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 Item 11 d(5) It was noted that the Zoning Board of Adjustment term that was changed from two years to one year for Mr. J.D. Ruiz, Place 5, was not in compliance with State statute and needed to be reconsidered. Moved by Councilor Altman to reconsider Mr. J.D. Ruiz's term on the Zoning Board of Adjustment and have his term expire December 31, 2001 in order to comply with State statute. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty 614 Item 11d(5) continued Nays: None The City Council adjourned at 10:35 a.m. PASSED AND APPROVED this -T day of 000. KA RYN A. tAGE61 MAYO ATTEST: Lydia Torres City Clerk f.1-11" i 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 21 , 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: Reggie Coe, Pastor Grace Church 3. Presentations: 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. Award of Bids: a. Purchase Of One (1) Tractor With Brush Hog And One (1) 16' Bat Wing Mower, Through The Houston-Galveston Area Council Of Governments Cooperative Purchasing Program, In The Amount Of $95,412. b. Award Of Bid To Furnish And Install Carpet At The Wichita Falls Police Department To Douglas Floor Company In The Amount Of $19,981 .50. 7. Receive Minutes: City Council Agenda Tuesday, December 21, 1999 Page 2 a. Planning & Zoning Commission — November 10, 1999 b. Board of Electrical Examiners — November 11 , 1999 c. Water Resources Commission — November 12, 1999 d. Board of Adjustment — November 17, 1999 e. Park Board — November 18, 1999 REGULAR AGENDA 8. Ordinances: a. Ordinance Making Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #284) b. Ordinance Making An Appropriation In The Special Revenue Fund In The Amount Of $15,822 For The Purchase Of Curbside Recycling Containers And Authorizing The City Manager To Execute Grant Accepting Same. (City Council Bill #285) 9. Resolutions: a. Resolution Authorizing The City Manager To Proceed With The Sale Of A Portion Of Surplus Property In Weeks Park Along Weeks Park Lane And Placement Of Same On The Next General City Council Election. (City Council Bill #286) b. Resolution Authorizing The City Manager To Apply For Eleventh Year Funding Of The North Texas Regional Drug Enforcement Task Force. (City Council Bill #287) c. Resolution Authorizing The City Manager To Execute A Contract Manager Agreement With Electra Construction Co., Inc. (City Council Bill #288) d. Resolution To Nominate Reservation Services, Inc., A Subsidiary Of Budget Group, Inc. As An Enterprise Zone Project To Be Submitted To The Texas Department Of Economic Development. (City Council Bill #289) City Council Agenda Tuesday, December 21, 1999 Page 3 10. Award of Bids: a. Award Of Bid For The Second Floor Renovation Of The Wichita Falls Public Library For Wichita Falls Parks & Recreation Department To Santa Rosa Construction In The Amount Of $325,448. 11 . 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 Planning & Zoning Commission And Zoning Board of Adjustments As Authorized By Section 551 .074 Of The Texas Government Code. d. Appointments To Boards & Commissions (1) Clean Community Commission (2) Planning & Zoning Commission (3) Traffic Safety Commission (4) Water Resources Commission (5) Zoning Board of Adjustments (6) Commission on Highway Transportation Needs 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