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