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Min 03/04/1997 454 Wichita Falls, Texas Memorial Auditorium Building March 4 , 1997 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 Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Rev. Garth Wilcoxson, Beverly Drive United Methodist Church Item 3 Rod Brennan, 1621 Tanglewood, representing Helen Farabee MHMR Center, provided information regarding possibility of merging the Helen Farabee Center and the Rolling Plains Center. Item 4a Jim Ritchie, Fire Department, was honored as Employee of the Month for the month of March. Mayor Yeager presented him with a plaque, City pin, theater and transit tickets, dinner for two and a check. Item 4b Mayor Yeager proclaimed the month of March as "Professional Social Work Month" in Wichita Falls and encouraged the community to join the social workers by supporting the appropriate programs and ceremonies . Mayor Yeager proclaimed March 4 , 1997 as "Taste of the Town Day" in Wichita Falls, and complimented the North Texas Restaurant Association and expressed gratitude for their public service . Marty McBride, President of North Texas Restaurant 455 Item 4b cont ' d. Association invited everyone to attend this event which would benefit the Red Cross . Item 5 The minutes were approved as distributed. Items 6a-9e Moved by Councilor Shine that the consent agenda be approved. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6a RESOLUTION NO. 35-97 e RESOLUTION RESERVING A PORTION OF JAYCEE PARK FOR A SPRING FOOTBALL LEAGUE Item 6b RESOLUTION NO, 36-97 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CREDIT CARD SERVICES AGREEMENT WITH FIRST USA FOR THE GOLF COURSE Item 6c RESOLUTION NO 37-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT WITH WICHITA COUNTY TO ADMINISTER THE COUNTY' S DRUG AND ALCOHOL FREE WORKPLACE POLICY FOR COMMERCIAL DRIVER' S LICENSE-DEFINED EMPLOYEES; 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 Jacobsen Textron for three each 72" rotary ride on mowers in the amount of $28 , 155 . 00 . Item 7b Bid was awarded to Berend Brothers for two each 52" rotary ride on mowers in the amount of $18, 794 . 58 . 456 Item 8a RESOLUTION NO 8- 7 RESOLUTION MAKING FINAL PAYMENT TO ACE ELECTRIC, INC. FOR ELECTRICAL WORK AT THE EXHIBIT HALL OF THE MULTI- PURPOSE EVENTS CENTER Items 9a- Minutes of the meeting of the following boards and commissions were received. a. Library Advisory Board, January 28, 1997 b. Board of Electrical Examiners, February 13 , 1997 c . Commission on Human Needs, February 17, 1997 d. Water Resources Commission, February 7, 1997 e . Landmark Commission, January 28, 1997 Item l0a - ORDINANCE NO 21-97 ORDINANCE WAIVING SECTION 25-69 OF THE CODE OF ORDINANCES TO ALLOW THE OPERATION OF A TRANSIENT SHOW AT THE NOTRE DAME HIGH SCHOOL 21ST ANNUAL SPRING FESTIVAL ON MAY 2, 3 , AND 4, 1997; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 21-97 be passed. Motion seconded by Councilor Johnston. Tom Delpopolo, 110 A Century, and Gayle Morrison, 2900 Southridge, Co-Chairs for the Notre Dame Spring Festival, expressed appreciation to the Council and citizens for continued support and invited everyone to attend this year' s festival . Motion carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10b ORDINANCENO 2 7 ORDINANCE WAIVING SECTION 22-1 (a) (9) OF THE CODE OF ORDINANCES TO PERMIT SIGNS IN JAYCEE PARK DURING A SOCCER CAMP EVENT MARCH 17-21, 1997 Moved by Councilor Johnston that Ordinance No. 22-97 be passed. Motion seconded by Councilor Thompson and carried by the following vote : 457 Item 10b cont ' d. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10c ORDINANCE N0. 23-97 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION FOR SECTION 5307 FUNDS, AND WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR DISCRETIONARY FUNDS, AND APPROPRIATING MONEY FOR THE 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 Martin that Ordinance No. 23-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Tr-em lOd ORDINANCE NO, 24-97 ORDINANCE MAKING AN APPROPRIATION FROM THE HOTEL/MOTEL FUND TO ASSIST IN SUPPORTING A WELCOME FOR REPRESENTATIVES FROM THE NATO NATIONS PARTICIPATING IN THE EURO-NATO JOINT TRAINING PROGRAM AT SHEPPARD AIR FORCE BASE Moved by Councilor Hawkins that Ordinance No. 24-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 458 Item l0e ORDINANCE NO 25- 7 ORDINANCE REZONING 1205 MARSHAL STREET, LOT 12, BLOCK 1, SOUTHLAND ADDITION FROM SINGLE FAMILY-2 TO GENERAL COMMERCIAL ZONING (CASE R 97-01) ; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Shine that Ordinance No. 25-97 be passed. Motion seconded by Councilor Thompson and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10f ORDINANCE NO - 7 ORDINANCE WAIVING THE SCREENING REGULATIONS OF THE ZONING ORDINANCE, APPENDIX C OF THE CODE OF ORDINANCES, FOR THE PROPOSED NEW HARVEST CHURCH, 1401 RED FOX DRIVE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Ordinance No. 26-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item log ORDINANC NO 7- 7 ORDINANCE WAIVING SECTION 5-59 OF THE CODE OF ORDINANCES WHICH PROHIBITS GIVING ANIMALS AS PRIZES OR INDUCEMENTS Moved by Councilor Johnston that Ordinance No. 27-97 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 459 Item 10g cont ' d. Nays : None Item 10h ORDINANCE NO, 28-97 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DALLAS AERIAL SURVEYS TO PROVIDE AERIAL PHOTOGRAPHY AND DIGITAL ORTHOPHOTOGRAPHY AND APPROPRIATING THE NECESSARY MONEY FROM THE TEXAS DEPARTMENT OF TRANSPORTATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 28-97 be passed. Motion seconded by Councilor Daniel and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lla RESOLUTION NO 39-97 RESOLUTION SUPPORTING CONTINUED DEVELOPMENT AND CONSTRUCTION OF THE RED RIVER BASIN CHLORIDE CONTROL PROJECT Moved by Councilor Thompson that Resolution No. 39-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Tfi.em llb RESOLUTION NO. 40-97 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREEMENT WITH SOUTHWEST CAR AND TRUCK RENTAL V, LTD. , FOR LEASE OF PREMISES AT THE WICHITA FALLS MUNICIPAL AIRPORT Moved by Councilor Martin that Resolution No. 40-97 be passed. 460 Item 11h ^^^t_Ld. Motion seconded by Councilor Johnston and carried by the following vote. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 12a Councilor Daniel reported that the committee' s charge was to bring back to the Council a design and budget to renovate the Activity Center to serve as a Library. That budget was brought to Council and was approved. The design went out for bids and the estimate was $4 million. The low bid combined with the furnishings and other equipment for the project will come to $4 . 1 million, $100, 000 over estimate . In anticipation of the project coming in over the estimate, the bids were designed with four alternates which could be segregated from the project if the financing was not there for the entire project . The unanimous recommendation of this committee is to authorize the low bidder to proceed with the entire project with the cost at $4 . 1 million. The construction project would be $2, 910, 562 with the contractor being Electra Construction. Councilors Shine and Johnston, as committee members, reinforced their decision to proceed with the entire project . Council discussed the possibility of segregating one of the alternates, and concluded that it was best to proceed with the committee' s recommendation. Mr. Dick Bundy, Architect, informed that, if Council approves this, the construction will begin March 10 with a completion date of January, 1998 . Joan Gray, 4210 Briarcliff, President of North Texas Genealogy Society provided information on the usage of genealogy equipment and books by persons, not only locally but from within the State and out of the State . Councilor Daniel and Mayor Yeager expressed appreciation to all who worked on this project . Moved by Councilor Thompson that bid be awarded to Electra Construction Company in the amount of $2, 910, 562 for the renovation of the Activity Center to be used as a Library Motion seconded by Mayor Yeager and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 461 Item 132 Councilor Hawkins suggested that Planning Staff review, for modification, the Zoning ordinance on conditional use regarding accessory dwelling units (ADU) in single family areas . Councilor Shine requested that City Manager provide an update on the golf course . City Manager informed that they have a new greens keeper and that the plays are coming back. He saida they are confident that things are headed in the right direction. The pro shop has been re-established and the proper techniques are being used and equipment is coming in. They will continue to monitor and meet with the staff on a weekly basis . He asked that citizens continue to increase their support . Councilor Thompson was glad to see the Library' s future move to the Activity Center and all the other positive things which were happening downtown. He mentioned that there was not enough parking and more was needed. Councilor Martin mentioned that the menu had changed at the golf course, as well as the attitudes . They are more friendly and provide a sense of being welcomed. He commended the Police Department for their supportive role in accepting the new police chief . Councilor Daniel thanked the newspaper for their support in providing information on the Library project . Regarding the transit system study and any possible changes, Councilor Daniel stated that the Council and Staff will be very sensitive to the needs of the citizens who use this system. He referred to Councilor Martin' s comments about friendly attitudes and commented that City Staff is essential to the day to day operation of this City and he thanked the City Staff for being there . He encouraged Staff to deal with citizens/customers with a smile and a helpful attitude, leaving them with a good impression of our City. Mayor Yeager thanked the Council members who serve on the golf course committee and the library committee . She encouraged everyone to get out in our community and enjoy the various activities that are offered. She also voiced her support and enthusiasm of what is happening down town. Mayor commented that MPEC is doing what we expected and the role it is playing in providing an outlet for improvement of quality of life within our community. TtPm 13b Jack Murphy, Director of Parks and Recreation, along with Mike Cox, briefed the Council on the ISTEA Trail regarding funding, update on current project and possible future projects . City Manager informed that he is still working with the radar group regarding the radar unit located at the Municipal Airport . He told Council that a recommendation on this would be brought to the Council very soon. 462 Item 13c The City Council went into Executive Session at 10 : 18 a.m. as authorized by Section 551 . 074 of the Government Code, and reconvened at 11 : 25 a.m. Item 13d RESOLUTION NO, 41-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS NOMINATING THREE WICHITA FALLS REPRESENTATIVES TO SERVE ON THE APPRAISAL REVIEW BOARD OF THE WICHITA APPRAISAL 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 Thompson that Resolution No. 41-97 be passed nominating Robert Schleider to serve on the Appraisal Review Board. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13e Moved by Councilor Thompson that Rainer Hanold be appointed to serve as the Chairperson on the Zoning Board of Adjustments . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13f Moved by Councilor Thompson that Marie Morgan be appointed to fill Ann Kisor' s position on the Planning and Zoning Commission with term to expire May 31, 1997 . Also, that W. 0. Franklin, be appointed Alternate No. 1 with term to expire May 31, 1998 and that David W. Rhone be appointed to serve as Alternate No. 2 with term to expire May 31, 1998 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins 463 Item 13f cont ' d. Nays : None Item 13a Moved by Councilor Thompson that the following persons be appointed to the Plumbing and Mechanical Board: Term Expires George Cunningham, Licensed Plumber 12/31/98 John Ferguson, Air Conditioning Contractor 12/31/97 Louis Lane, Licensed Engineer ' 12/31/97 Bob Oden, Mechanical Contractor 12/31/97 Randal J. Kulhanek, Licensed Plumber 12/31/97 Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 14 Council held a work session on 4A and 4B Sales Tax Board. OWMW The City Council adjourned at 12 : 35 p.m. PASSED AND APPROVED this 1 , day of 1997 . KATH N A. YE GER MAYOR ATTEST: CJ Lydia Torres City Clerk