Min 03/18/1997 464
Wichita Falls, Texas
Memorial Auditorium Building
March 18, 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 -
Harold Hawkins -
James Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Bill Daniel - Absent
J. W. Martin - Absent
Mayor Yeager called the meeting to order.
Invocation was given by Rev. Ron Redding, Wichita, Archer,
Clay Baptist Association.
Item 3
Reza Vafaiyan referred to the February 4, 1997 Council
meeting on hazardous structures . Since the thirty days had
elapsed which Council had allowed Mr. Vafaiyan, he requested an
additional thirty days for more progress to be done on the
properties located at 1604 Austin and 3000 Cumberland. As an
alternative, he requested to be placed on the next Council
agenda to address these issues for Council to make a decision.
City Manager clarified that Council had ordered
rehabilitation of the house on Austin and the house on
Cumberland was condemned to be demolished. Mr. Vafaiyan was
present at that meeting when Council ordered this action.
Tambra Crumpler, 4925 Friberg Church Road, requested that
she be allowed to tie in to the City sewer on Turtle Creek Road.
Mayor stated that Mrs . Crumpler' s property is not in the City
limits, it is in the ETJ. The Tanglewood lift station is at
near capacity and this is an issue which Council needs to
address in reference to all the property on Turtle Creek Road
that is not within the City limits at this time.
Mayor
instructed Staff to provide a presentation on this particular
issue at the next Council meeting.
465
Item 4
The minutes were approved as distributed.
Mayor recognized Police Chief Curtis Harrelson and informed
that this would be his last Council meeting. Mayor gave a brief
history of the Chief' s accomplishments during his thirty five
years with the City. Mayor wished Chief Harrelson well and
expressed appreciation for his long years of service to the City
of Wichita Falls and its citizens .
Chief Harrelson mentioned the programs which have been
implemented during his tenure and the honors which were achieved
under his administration. He complimented the men and women
with which he has served for thirty-five years . He expressed
appreciation for the opportunity to serve the City of Wichita
Falls and its citizens . He expressed pride and pleasure to have
worked under Mr. Berzina.
Items 5a-7e
Councilor Hawkins requested that Item 6d be brought down to
the Regular Agenda for discussion.
Moved by Councilor Hawkins that the consent agenda be
approved with the exception of Item 6d.
Motion seconded by Councilor Thompson and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
Item 5a
RESOLUTION NO, 42-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS NAMING POLLING PLACES AND ELECTION
OFFICIALS FOR THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON MAY 3 , 1997 .
Item 5b
RESOLUTION NO 43-97
RESOLUTION TO ACCEPT THE LYNWOOD EAST ROOF REPLACEMENT
(CDBG) PROJECT AND AUTHORIZE FINAL PAYMENT TO ARMORED
ROOFING COMPANY
466
Item 5-Q
RESOLUTION NO 44 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS; DECLARING THE CITY OF WICHITA
FALLS ' ELIGIBILITY AND INTENTION TO PARTICIPATE IN THE
TEXAS TAX ABATEMENT PROGRAM TO PROMOTE DEVELOPMENT/
REDEVELOPMENT; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
it2n--5-d
RE20LUTTON NO 4 - 7
RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES
Item 6a
RESOLUTMN No. 46 7
RESOLUTION TO AWARD BIDS TO THE MARTA COMPANY FOR THE
ANNUAL SUPPLY OF METER BOXES AND ADDITIONAL BOX LIDS
Item 6b
RESOLUTION NO 47 7
RESOLUTION TO AWARD BID AND CONTRACT FOR PHASE 2
SANITARY SEWER IMPROVEMENTS COLLECTION SYSTEM LINING
PROJECT
Item 6c
RESOLUTION NO 4 g 7
RESOLUTION TO AWARD BID AND CONTRACT FOR PHASE 2
SANITARY SEWER IMPROVEMENTS MANHOLE REHABILITATION
PROJECT
Item 6e
RESOLUTION NO, 5 0 7
RESOLUTION TO AWARD BID AND CONTRACT FOR BONNER STREET
SANITARY SEWER LINE REPLACEMENT PROJECT (CDBG)
Item 6f
Bid was awarded to Commercial Body Corporation in the
amount of $43 , 152 . 00 for the purchase of an aerial lift device .
Its
Bid was awarded to R. L. Anderson International in the
amount of $43 , 333 . 99 for the purchase of a 35, 000
Chassis . GVW Cab and
467
Item 7a-7_g
Minutes of the meeting of the following boards and
commissions were received.
a. Wichita Falls Traffic Safety Commission, January 8 , 1997
b. Planning and Zoning Commission, February 12 , 1997
c . Library Advisory Board, February 25, 1997
d. Planning and Zoning Commission Workshop, February 26 ,
1997
e . Wichita Falls-Wichita County Public Health Board,
February 28, 1997
gBSO UTION NO, 49-97
RESOLUTION TO AWARD BID AND CONTRACT FOR PHASE 2
SANITARY SEWER IMPROVEMENTS COLLECTION SYSTEM
REPLACEMENT PROJECT
Moved by Councilor Hawkins that Resolution No. 49-97 be
passed.
Motion seconded by Councilor Thompson.
Councilor Hawkins asked if we were able to add additional
projects since the bid came in very favorably for the City. Mr.
Bonnett replied that he did not recommend doing that on this M ,
project because it is a Texas Water Development Board Project
and the approval of the project list is rather lengthy and very maw
involved. We try not to change the scope of the project once it
is put together.
Motion carried by the following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
Item 8a
ORDINANCE No. 29-97
ORDINANCE WAIVING SECTION 27-30 OF THE CODE OF
ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE
WEST SIDE OF MCKINNEY ROAD ADJACENT TO THE EAST LINE
OF LOT 1, BLOCK 1, AMERICAN DEVELOPMENT SUBDIVISION
Moved by Councilor Thompson that Ordinance No. 29-97 be
passed.
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
468
Item 8b
ORDINANCE NO 3 7
ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9
(B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO
PLACING CURB AND GUTTER ON THE SOUTH SIDE OF REILLY
ROAD (FM 3492) ADJACENT TO THE NORTH LINE OF LOT 1-A,
BLOCK 2, RANCH ESTATES
Moved by Councilor Johnston that Ordinance No. 30-97 be
passed.
Motion seconded by Councilor Shine and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
Item 8c
OR�NCE NO 1 - •7
ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9
(B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO
PLACING CURB AND GUTTER ON THE EAST SIDE OF PONDEROSA
DRIVE ADJACENT TO THE WEST LINE OF LOTS 1-A AND 1-B,
BLOCK 2, RANCH ESTATES
Moved by Councilor Thompson that Ordinance No. 31-97 be
passed.
Motion seconded by Councilor Johnston and carried by the
following vote.
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
Item 8d
A proposed ordinance was presented waiving Section 27-30 of
the Code of Ordinances with respect to placing a sidewalk on the
south side of Central Freeway Access Road adjacent to the north
line of Lot 1, Block 1, American Development Subdivision.
Moved by Councilor Hawkins that proposed ordinance be
passed.
Motion seconded by Councilor Shine.
Mr. Bonnett explained that the lot in question is a platted
lot and the sidewalk is partially built across the frontage, and
469
Item 8d cont ' d.
they recommend that the existing sidewalk be extended and the
waiver denied.
Motion failed by the following vote .
Ayes : None
Nays : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Item 8e
ORDINANCE NO- 32-97
ORDINANCE WAIVING APPENDIX A, SUBDIVISION 9 (B) (2)
(a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING
CURB AND GUTTER ON THE NORTH SIDE OF STATE HIGHWAY 258
ADJACENT TO THE SOUTH LINE OF LOT 2 , BLOCK 2 , MEADE
SUBDIVISION
Moved by Councilor Shine that Ordinance No. 32-97 be
passed.
Motion seconded by Councilor Thompson and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
Item $�
ORDINANCE NO 33-97
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS; CLOSING, VACATING AND ABANDONING
A PORTION OF SAN ANTONIO STREET AND TEXAS AVENUE,
JOSEPH A. KEMP ADDITION, AUTHORIZING THE CONVEYANCE OF
THE PROPERTY TO THE FEE OWNERS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Johnston that Ordinance No. 33-97 be
passed.
Motion seconded by Councilor Shine and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
470
item-9-2
RESOL TTION NO 51 7
A RESOLUTION ESTABLISHING A 25 FOOT BUILDING SETBACK
LINE ON ALL LOTS AT LAKE ARROWHEAD. FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Moved by Councilor Johnston that Resolution No. 51-97 be
passed.
Motion seconded by Councilor Shine .
Mr. Dave Clark informed that originally when Lake Arrowhead
was platted there was a 50 foot setback requirement . However,
there are buildings which have been constructed within the 50
foot setback. This resolution would establish a 25 foot setback
and provide for consistency.
Motion carried by the following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
Item 9b
RESOLUTION NO, 5 2 9 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE
A TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF WICHITA
FALLS AND CUSTOM METAL SERVICES, 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 Shine that Resolution No. 52-97 be
passed.
Motion seconded by Councilor Johnston.
Ken Webb, 2450 Burkburnett Road, Custom Metal Services,
thanked the Council for their consideration on this issue . The
technology we are able to bring to Wichita Falls is very
Positive and the expansion, which is mainly in major equipment
and laser technology, will proceed.
Motion carried by the following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
471
Item 99.
RESOLUTION NO 53-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS; AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH WICHITA COUNTY, TEXAS,
ALLOWING ASSOCIATE MUNICIPAL JUDGES TO PERFORM CERTAIN
MAGISTRATE DUTIES ON CERTAIN SELECTED WEEKENDS FOR
WICHITA COUNTY, TEXAS; 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. 53-97 be
passed.
Motion seconded by Councilor Hawkins and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
ILQM
RESOLUTION NO 54-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS; APPROVING THE SALE OF CERTAIN
CITY PROPERTY OUT OF THE J.A. KEMP ADDITION,
IRRIGATION SUBDIVISION, CHEROKEE COUNTY SCHOOL LAND
ADDITION, AND AUTHORIZING A DECLARATION OF COVENANTS
FOR CITY PROPERTY OUT OF THE JOSEPH A. KEMP ADDITION
AND KEMP AND NEWBY SUBDIVISION OF CHEROKEE COUNTY
SCHOOL LAND; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Hawkins that Resolution No. 54-97 be
passed.
Motion seconded by Councilor Johnston and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
Item IDa
Bid was awarded to Dallas Mack Sales in the amount of
$236 , 186 . 00 for the purchase of two (2) each front loading
sanitation trucks .
472
Item inh
Bid was awarded to Crane Carrier in the amount of
$252, 612 . 00 for the purchase of two each automatic side load
sanitation trucks .
Bid was awarded to Jacobsen Textron in the amount of
$116, 802 . 72, and to Berend Brothers in the amount of $8, 180 . 60
for the lease/purchase of grounds maintenance equipment for the
Weeks Park Municipal Golf Course .
Item lia
Councilor Hawkins requested that Staff review the Ordinance
prohibiting parking on grassy areas and provide information on
the effect of changing the wording from paved parking to
improved parking, in order to allow gravel parking areas . He
requested that this be brought back to the Council .
Councilor Hawkins asked for a report on how the library
money and fines for non-payment of the books are being handled.
Councilor Hawkins mentioned that the McKinney Road/Central
Freeway area was developing very rapidly as a commercial area.
He requested that Staff work with TXDOT to see about putting
some entrance and exit ramps on McKinney Road.
Councilor Thompson expressed appreciation to Chief
Harrelson for his thirty-five years of service to the City.
Councilor Thompson asked the citizens to give the new Police
Chief a chance to make this City' s Police Department even
better.
Councilor Thompson asked that City-owned property at 400
Flood Street be checked for trash and high weeds, and also look
into abating those problems .
Councilor Shine said that we should have a policy on
ordinances up for review. He was concerned that three
Councilors wanted the Ordinance prohibiting parking on grassy
areas to be placed on this agenda and it was not . City Manager
explained the procedure on how items are placed on the agenda by
Council and by citizens . After an item is brought up, Council
determines if they want it on the next agenda and Staff is so
directed. The way a citizen puts an item on the agenda is that
they appear before the Council and then the Council directs
Staff to place the item on the agenda if they wish to do so.
However, in this case he thought, after speaking with Councilor
Hawkins, that they had agreed that Councilor Hawkins would bring
the Ordinance up at this meeting.
Councilor Hawkins clarified that it was the City Manager' s
decision not to place the item on the agenda because two
Councilors would not be present and he preferred to wait until
the two Councilors were present, therefore, he agreed.
Councilor Shine suggested that when a citizen presents a
concern that the Mayor ask Council if they want it placed on the
Agenda. He was still concerned that there should be a way to
473
Item lla cont ' d.
get an ordinance back for discussion. City Manager explained
that if Council wants a discussion item or action item on the
agenda it will be on there if Staff is so directed.
Mayor stated that there was a consensus of the Council to
discuss the Ordinance prohibiting parking in front yards and to
receive a report on the Library fines at the next Council
meeting.
Mayor commented that at the Congress of Cities meeting the
items which continued to surface were deregulation of the
electric industry and ISTEA. Mayor has asked Ron Bullock to
come and brief Council on this issue and its effects .
Discussion on ISTEA was whether it would be continued and where
the control will lie . There was a strong consensus of those
present that more control should be given to the local
communities . Also, there was discussion on national building
inspection standards and compliance of local building codes and
their effect on disaster insurance . Mayor said that these are
some things of which we need to be aware .
Mayor thanked Councilor Thompson for his remarks about
Chief Harrelson and incoming Chief Schlieper and the support he
is enlisting from the police department and the citizens of the
community.
Councilor Shine asked for a presentation with a map of the
property owned by the City and property of which the City is a E
trustee, and a review of that property.
Tt-_em llb
City Manager informed of office changes in the City.
Finance is now located on the west end of the second floor.
Lake Administration, Property Management and Code Enforcement
is in the process of being moved to the old location of the
Finance Department on the west end of the third floor. Housing
will extend its offices to the areas vacated by these three
divisions .
City Manager introduced the new Health Director, Barbara
Clements .
City Manager commended Chief Curtis Harrelson for the
excellent work and progress that has taken place during his
tenure as Chief of Police . He wished Chief Harrelson well in
his retirement plans .
City Manager introduced the new Police Chief, Jack
Schlieper, who expressed his appreciation to the City Manager
for his appointment and to the Council for their support, and to
Chief Harrelson for his help.
474
Item li
Moved by Councilor Johnston that the executive session be
tabled until the next Council meeting since two Councilors are
absent .
Motion seconded by Councilor Hawkins and carried by the
following vote .
Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson,
and Hawkins
Nays : None
David Brock, 1819 Hines, asked to address the Council as
authorized by the Council Agenda. Mr. Brock requested that the
ordinance on non-conforming development be reviewed,
specifically the parking and landscaping requirements .
Councilor Hawkins commented that one way for Mr. Brock to solve
his problem would be to request a waiver of the ordinance .
The City Council adjourned at 10 : 00 a.m.
PASSED AND APPROVED this _day of 1997 .
KAT RYN A. EAG
MAYOR
ATTEST:
h41
Lydia Torres
City Clerk
� ,
�.a