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Min 02/01/2000 18 Wichita Falls, Texas Memorial Auditorium Building February 1, 2000 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. Mr. Jerry Gross gave the invocation. Item 3 Mrs. Eva Louise Smith, Clerk Typist II, Water Purification, was recognized as Employee of the Month for the month of February. Mayor presented Mrs. Smith with a plaque, a City pin, dinners for two, transit passes, and a check. Mayor proclaimed February 1, 2000 as "Ground Hog Job Shadow Day" in Wichita Falls focusing on the continuing partnership between the education system and the businesses. Ramona Vaughan, Director of North Texas Prep to School Consortium, and Stephanie Sullivan, Assistant Director, were on hand to receive the proclamation. Item 4 No one signed up to speak under Public Comments. Item 5 The Minutes were approved as distributed. Items 6a-8 City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Altman that the consent agenda be approved. Motion seconded by Councilor Williams and carried by the following vote. 19 Items 6a-8 continued Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 6a RESOLUTION NO. 08-2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAPPOINTING SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; 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 the State of Texas Cooperative Purchasing Program for Local Governments in the amount of $23,987.99, for the purchase of a Groundsmaster 455-D 10 1/2 foot mower. Item 8 Minutes of the following Board & Commission meetings were received. a. Board of Adjustment— December 15, 1999 b. Aviation Advisory Board — January 11, 2000 Item 9a ORDINANCE NO. 10-2000 ORDINANCE WAIVING SECTION 27-29 (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ALONG THE EAST AND SOUTH LINES OF LOT 13-A, MELODY RANCH ESTATES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 10-2000 be passed. Motion seconded by Councilor Beaty. Mr. David Lyne, Senior Engineering Technician, provided City Engineer findings on the site. He stated that there should be no problem constructing a sidewalk in the area. A lengthy discussion ensued regarding this request, its timing, the sidewalk Ordinance adopted by Council several weeks earlier, and the possibility of amending that Ordinance to allow for an escrow option. Mr. Melvin Barmore, 4729 Alamo, spoke on behalf of his request. Councilor Shine called for the question. Motion carried by the following vote. Ayes: Councilors Shine, Esther, Burns, and Beaty Nays: Mayor Yeager, Councilors Williams and Altman 20 Item 9b ORDINANCE NO.11-2000 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 7, ARTICLE II, BUILDING CODES, SECTION 7-15 OF THE CODE OF ORDINANCES TO PROVIDE CERTAIN REGULATIONS FOR THE LICENSING AND BONDING OF CONTRACTORS; 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. 11-2000 be passed. Motion seconded by Councilor Beaty. Mr. David Clark informed that this would take affect as the contractors renew their licenses which should be at the end of this calendar year. The new contractors would be required to do this as they establish their license. Steve Deal, Boley Featherston Insurance Company, spoke in favor of this ordinance and commended Staff for their work. Councilor Altman felt that the proposed ordinance should state the intent of renewals to prevent misinterpretation. Moved by Councilor Altman that proposed resolution be amended by adding the following wording prior to Section 2: "Holders of a current and valid license are exempt from this ordinance until their licenses are renewed". Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None The original motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 9c ORDINANCE NO. 12-2000 ORDINANCE AMENDING THE FY 1999-2000 GENERAL FUND BUDGET TO TRANSFER APPROPRIATIONS FROM THE POLICE DEPARTMENT TO THE FINANCE DEPARTMENT FOR COSTS ASSOCIATED WITH THE REORGANIZATION OF TWO TECHNICAL SUPPORT POSTIONS; FINDING AND 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. 12-2000 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None 21 Item 9d ORDINANCE NO. 13-2000 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS HEALTH & HUMAN SERVICES COMMISSION 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 Moved by Councilor Esther that Ordinance No. 13-2000 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 10a RESOLUTION NO. 09-2000 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR AMBULANCE SERVICE TO LAIDLAW MEDICAL TRANSPORTATION, INC., DBA AMERICAN MEDICAL RESPONSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Beaty that Resolution No. 09-2000 be passed. Motion seconded by Councilor Burns. City Council recessed at 10:00 a.m. and reconvened at 10:25 a.m. Item 10a continued Following Mr. Powers update, a discussion ensued regarding the base rates and additional charges. Moved by Councilor Shine to amend the proposed resolution to extend the contract for one year instead of three years. Motion seconded by Councilor Williams. It was suggested that the three additional categories - infection control, linens,medical control - be placed under the base rate. Mr. Powers informed that a three year contract would be more beneficial to the City. Motion failed by the following vote. Ayes: Councilors Williams, Shine, and Esther Nays: Mayor Yeager, Councilors Altman, Burns, and Beaty Response time was discussed and it was noted that the Fire Department and Police Department generated a program that gives an independent verification to validate response time. This program went into effect today. 22 Item 10a continued It was suggested that the resolution be amended to include all figures and make the base rate for both Advanced Life Support and Basic Life Support inclusive of the three add-on charges. Mr. Powers provided the following figures. Basic Life Support - Infection control $ 12.13 Linens $ 12.13 Base Rate $179.43 = $203.69 Advanced Life Support - Medical control $ 14.55 Base Rate $261.19 = $300.00 Moved by Councilor Altman to amend the proposed resolution and contract by changing the Basic Life Support figures from $179.43 to $203.69 (includes infection control and linens), and changing the Advanced Life Support figures from $261.19 to $300.00 (includes medical control). Motion seconded by Councilor Burns 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, Esther, Altman, Burns, and Beaty Nays: Councilor Shine Item 10b RESOLUTION NO. 10-2000 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR THE PURPOSE OF PURCHASING KICKAPOO AIRPARK; 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. 10-2000 be passed. Motion seconded by Councilor Williams. City Attorney addressed the conflict of interest issue. He stated that by passing this resolution Council would merely be voting to authorize the City Manager to apply for a grant. However, that action does not confer a special economic impact upon any real property that Council or members of their family may own or upon any business entity Council members may have an interest in . Consequently, it is the City Attorney's opinion that there is no conflict of interest under State statutory law or common law. Mr. Robert Parker informed that the Aviation Advisory Board unanimously recommended that the City purchase Kickapoo Airpark. A public hearing was held December 20 and 72 persons signed in. 21 comment form/letters were received of which 16 were for the purchase, 4 were against the purchase, and 1 comment was received concerning roadway access to the neighborhoods near Kickapoo. Mrs. Leslie Sagar, URS Greiner Woodward Clyde, briefed the Council on the feasibility study which they conducted. Mrs. Sagar reported the following study conclusions. It is financially feasible for the City to purchase and upgrade Kickapoo. Inadequate facilities are at other airports in the area. Current and future demands for general aviation can not be met by Municipal Airport because of lease constraints. Closing Kickapoo would be more costly and less convenient than buying it. 23 Item 10b continued URS Greiner Woodward Clyde recommends that the City purchase and upgrade the Kickapoo Airpark. Mrs. Sagar was asked how they had arrived at the conclusion that there were no environmental concerns and no contamination issues in that area. She informed that no sub- service investigations were done, however, field investigations and records research were performed that determine if there is any contamination in or around the area and there was none. USR Greiner Woodward Clyde recommend that additional sampling be done but did not feel a Phase II Environmental Study was necessary. Phillip Haigood, #1 Lennox Court, spoke against the proposed resolution stating that there is no way this airport can survive without using tax dollars. He thinks it is ridiculous, irresponsible, and non-responsive to the citizens of Wichita Falls to use any public resources, whether time, money or efforts, for a project to benefit so few. Roy Calligan, 121 B. Jupiter, Member of Aircraft Owners and Pilots Association, spoke in favor of the proposed resolution stating that it would be a loss to the City to close Kickapoo. Greg Williams, 2825 Elmwood, spoke in favor of the proposed resolution stating that he wants Wichita Falls to continue growing, and this purchase would benefit the community. Wayne Ritchie, 4825 Royal Oak, Member of Aviation Advisory Board, spoke in favor of the proposed resolution, stating that he wants the money generated at Kickapoo to remain in this community. Mayor stated that in spite of the fact that this is a vote to apply for the grant shewill abstain from voting because there are some people who will perceive that this is the vote to purchase Kickapoo. Motion carried by the following vote. Ayes: Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Abstentions: Mayor Yeager Item 11 a RESOLUTION NO. 11-2000 RESOLUTION TO AWARD OF BID AND CONTRACT FOR CENTRAL FIRE STATION REROOF PROJECT; 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.11-2000 be passed. Motion seconded by Councilor Burns. Mr. George Bonnett read the bids which were received. Staff recommends that bid be awarded to low bidder Lydick Hooks Roofing in the amount of $66,833.00. Estimated completion time is 45 days. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 12a Councilor Esther asked that consideration be given to allow the use of the fire station located on Windthorst Road as a meeting place for a group of citizens who live on Windthorst Road. City Attorney stated that it would be unconstitutional for the City to 24 Item 12a continued give away anything of value without consideration and specifically in the nature of real property which requires that it be appraised and sold under sealed bid to the highest bidder. It could be leased to a corporate entity or association whose p y purpose is to provide a governmental function in which we had an interest. City Manager said that he wanted to bring back recommendations to the Council for the usage of that building and ask for Council's thoughts on the disposition. Councilor Beaty recognized Police Officer Dale Rosendall for being selected Officer of the Year. Councilor Beaty commended the Board of Adjustment for their time and commitment and the responsibility with which they carry out their duties. Councilor Altman referred to the Kickapoo Airpark grant application and explained that he had voted because City Attorney had advised that it was not a conflict of interest, therefore, under the Charter he was required to vote. Mayor noted that all the events at MPEC this weekend shows the growth of that facility. She commended George Casper and his staff for all their work in assisting the different entities over the weekend. Item 12b Mr. Dave Clark invited citizens and Council to attend the open house events on Sunday from 2 p.m. to 4 p.m. Seven homes will be open on Roosevelt St., Gerald St., and Williams St. This is in conjunction with Habitat for Humanity. City Manager informed that the 4B Board received the Architect's Plans for the Fire/Police Training Center/Grounds and have approved the funding request for approximately $75,000. City Manager informed that the Parks Department had received notice that it had been approved for a $705,000 grant to extend the walking trail from Old Lake Road to Jaycee Park. It will require a match of approximately $150,000. The City Council adjourned at 12:05 p.m. PASSED AND APPROVED this 5 day of 2000. KA$HRYN-A. Y AGE MAYOR ATTEST: �A Lydia Torres City Clerk 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, February 1 , 2000, 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: The Reverend Jerry Dingmore Fairway 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 Reappointing Substitute Judge Of The Municipal Court For A Term Of Two Years. (City Council Bill #19) 7. Award of Bids: a. Purchase Of Groundsmaster Mower Through The State Of Texas Cooperative Purchasing Program For Local Governments. 8. Receive Minutes: City Council Agenda Tuesday, February 1, 2000 Page 2 a. Board of Adjustment — December 15, 1999 b. Aviation Advisory Board — January 11, 2000 REGULAR AGENDA 9. Ordinances: a. Ordinance Waiving Section 27-29(a) Of The Code Of Ordinances With Respect To Placing A Sidewalk Along The East And South Lines Of Lot 13-A, Melody Ranch Estates. (City Council Bill #20) b. Ordinance Amending Chapter 7, Article II, Building Codes, Section 7-15 Of The Code Of Ordinances To Provide Certain Regulations For The Licensing And Bonding Of Contractors. (City Council Bill #21) c. Ordinance Amending The FY1999-2000 General Fund Budget To Transfer Appropriations From The Police Department To The Finance Department For Costs Associated With The Reorganization Of Two Technical Support Positions. (City Council Bill #22) d. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Health & Human Services Commission And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #23) 10. Resolutions: a. Resolution Authorizing The City Manager To Execute A Contract For Ambulance Service to Laidlaw Medical Transportation, Inc., dba American Medical Response. (City Council Bill #24) b. Resolution Approving And Authorizing The City Manager To Submit A Grant Application To The Federal Aviation Administration For The Purpose Of Purchasing Kickapoo Airpark. (City Council Bill #25) 11 . Award of Bids: City Council Agenda Tuesday, February 1, 2000 Page 3 a. Resolution To Award Bid And Contract For Central Fire Station Reroof Project. (City Council Bill #26) 12. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 13. 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 20 at o'clock (a.m.)(p.m.). City Clerk