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Min 05/02/2000 74 Wichita Falls, Texas Memorial Auditorium Building May 2, 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 Dan Shine - Mayor Pro Tern Arthur Bea Williams - Councilors 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. Reverend Mark Mills, Pastor, Highland Heights Christian Church, gave the invocation. Item 3 Mrs. Cecilia Ann Green, Public Health Nurse III, Health Department, was recognized as Employee of the Month for the month of May. Mayor presented Mrs. Green with a plaque, a City pin, dinner for two, transit passes, and theatre passes. Mayor proclaimed May 2, 2000 as "Arbor Day Observance Day" in Wichita Falls and recognized the Tree Board for its outstanding work resulting in the recognition of the City of Wichita Falls as Tree City USA. This is the fourth year the City has received this award by the National Arbor Day Foundation. Mayor recognized the members and staff liaisons to the Traffic Safety Commission, Clean Community Commission and the Board of Electrical Examiners. Mayor expressed appreciation to the chairs and the members for their dedication and commitment. Mayor recognized Harrell High School Officers of "The Paper" for receiving the award for newsprint Crime of the Week from the Texas Crimestoppers Advisory Council Office of the Governor. Mayor recognized McNiel Jr. High School for receiving the award from Texas Crimestoppers Advisory Council Office of the Governor for producing the best Crime of the Week video. Mayor proclaimed the week of May 7-13, 2000 as Drinking Water Week in Wichita Falls and encouraged the citizens to continue practicing water conservation in our City. Item 4 David Brock, 1819 Hines, claimed harassment by Code Enforcement employees specifically Jim King and Lonnie Blevins. He mentioned several incidents and requested an 75 Item 4 continued independent investigation on Code Enforcement. He stated that Lonnie Blevins needs to be stopped. Mayor stated that staff would look into that. Randy Funston, 2023 Berkeley, stated that he was opposed to the rezoning of the property at 2900 Jacksboro Highway. Item 5 The Minutes were approved as corrected. Item 6a-6d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Shine that the consent agenda be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Items 6a-6d Minutes of the following Board & Commission meetings were received. a. Library Advisory Board — March 28, 2000 b. Water Resources Commission —April 3, 2000 and April 11, 2000 c. Clean Community Commission —April 13, 2000 d. Tax Increment Financing Board —April 13, 2000 Item 7a A public hearing was held to allow public comment on the City's water resource planning activities. Mayor declared the public hearing open. Councilor Altman stated that letters are being received from the citizens and although they are not being responded to individually, they are being looked at. Mayor stated that she has been forwarding her letters to the Water Resource Commission. Mayor called for additional public comments. There being none, the Mayor declared the public hearing closed. Item 7b A public hearing was held to allow public comments on the use of the 1999 local law enforcement block grant funds. Mayor declared the public hearing open. Chief Ken Coughlin outlined the proposed use for these funds. Mayor called for additional public comments. There being none, the Mayor declared the public hearing closed. 76 Item 8a A proposed ordinance was presented renaming Bartley Drive to Stone Lake Drive. Moved by Councilor Williams that proposed ordinance be passed. Motion seconded by Councilor Esther Tom Holmquist, YMCA President, explained that in their agreement with Stone Lake Partnership they had agreed to replat commercial property to the west of the proposed Stone Lake Drive and to align a street there that would align to the entrance of the YMCA parking lot. He wanted to know if that had been done since the diagram did not reflect that. Dave Rhone, Planning & Zoning Chair informed that he did not know anything about the extension or alignment of that street. Mr. Holmquist stated that if the Stone Lake group has not re-platted that commercial area to the west and made the agreed change, they would oppose the acceptance of a name change at this time. Moved by Councilor Altman that this item be tabled until next meeting and have Stone Lake representatives present to clarify their agreement and to make certain that everyone is totally comfortable with the situation. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 8b ORDINANCE NO. 41-2000 ORDINANCE REZONING 1700 STATE HIGHWAY 79, BEING 0.86 ACRES OUT OF BLOCK 5, HIGHLAND VILLAGE SUBDIVISION FROM MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL CONDITIONED ZONING DISTRICT AND AMENDING THE COMPREHENSIVE PLAN; 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.41-2000 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 8c ORDINANCE NO. 42-2000 ORDINANCE AUTHORIZING AN ADJUSTMENT TO THE WATER AND SEWER BILL FOR SERVICE TO INTERSTATE APARTMENT ENTERPRISES, LC DBA HUNTERS CROSSING APARTMENTS LOCATED AT 3001 KEMP BOULEVARD; 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.42-2000 be passed. Motion seconded by Councilor Beaty. 77 Item 8c continued Councilor Shine believed a compromise was in order since it could not be determined where the water went. Moved by Councilor Shine that the sewer portion of the bill be waived. Motion seconded by Councilor Williams. City Manager suggested charging the monthly sewer amount but reduce it from $2177 to $430. Councilor Shine agreed to amend his motion to state that the sewer amount be paid but reduced from $2177 to $430. Councilor Williams agreed. The amended motion carried by the following vote. Ayes: Mayor Yeager, Councilors Williams, Shine, Esther, Altman, Burns, and Beaty Nays: None Item 8d ORDINANCE NO. 43-2000 ORDINANCE APPROPRIATING $15,000 FROM THE TEXAS PARKS & WILDLIFE DEPARTMENT FOR A KID FISH GRANT AND AUTHORIZING THE USE OF $6,660 OF GENERAL CITY FUNDS FOR THE CITY'S MATCHING REQUIREMENT; 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.43-2000 be passed. 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 8e ORDINANCE NO. 44-2000 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED $250,000 FOR THE CONSTRUCTION OF THE MULTI-PURPOSE EVENTS CENTER COLISEUM AND TO AUTHORIZE AN ANNUAL PAYMENT NOT TO EXCEED $105,000 FOR DEBT SERVICING FOR A PERIOD NOT TO EXCEED TWENTY YEARS; 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.44-2000 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 78 Item 8f ORDINANCE NO. 45-2000 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED $125,000.00 TO WICHITA FALLS HOSPITALITY, INC. (RADISSON HOTEL WICHITA FALLS) FOR LANDSCAPING AND EXTERIOR LIGHTING IMPROVEMENTS AT 100 CENTRAL FREEWAY; 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. 45-2000 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 Item 8 ORDINANCE NO. 46-2000 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED $30,000 TO THE WICHITA COUNTY HERITAGE SOCIETY FOR IMPROVEMENTS AT 505 EIGHTH STREET; 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.46-2000 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 8h ORDINANCE NO. 47-2000 ORDINANCE AMENDING THE FY 1999-2000 SECTION 8 RENTAL ASSISTANCE BUDGET AS APPROVED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINACE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Altman that Ordinance No. 47-2000 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 79 Item 9a RESOLUTION NO. 50-2000 RESOLUTION TO AUTHORIZE SOLICITATION OF BIDS FOR THE CONSTRUCTION OF PUMPING FACILITIES TO DIVERT LAKE KEMP WATER TO THE SECONDARY RESERVOIR; 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. 50-2000 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 9b RESOLUTION NO. 51-2000 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE HIGHLAND HEIGHTS CHRISTIAN CHURCH FOR A PROPOSED DROP-OFF LANE AND CANOPY TO BE CONSTRUCTED IN THE COYOTE BLVD. RIGHT-OF-WAY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Altman that Resolution No. 51-2000 be passed. 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 9c RESOLUTION NO. 52-2000 RESOLUTION TO APPROVE ENGINEERING SERVICE CONTRACT WITH BIGGS & MATHEWS, INC FOR THE PHASE 2, 3, AND 4 FOR LANDFILL EXPANSION AMENDMENT OF THE CITY OF WICHITA FALLS SANITARY LANDFILL (PERMIT 1428); 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. 52-2000 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 80 Item 9d RESOLUTION NO. 53-2000 RESOLUTION TO AWARD BID AND CONTRACT FOR THE SOUTH PLUM LAKE SHORELINE IMPROVEMENTS PROJECT (TPW); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Burns that Resolution No. 53-2000 be passed. 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 10a RESOLUTION NO. 54-2000 RESOLUTION TO AWARD BID AND CONTRACT FOR THE 2000 STREET RESURFACING 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 Burns that Resolution No. 54-2000 be passed. 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 a RESOLUTION NO. 55-2000 RESOLUTION TO APPROVE CHANGE ORDER NO. 4 FOR THE PHASE 3 SANITARY SEWER IMPROVEMENTS COLLECTION SYSTEM REPLACEMENT 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. 55-2000 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 12a Councilor Beaty welcomed the new WalMart on the northside. Councilor Beaty commended Margie Tilford for organizing the clean-up effort in District 2. He mentioned that District 5 came in second in number of pounds of garbage collected. 81 Item 12a continued Councilor Altman thanked Ron Smith for his courteous response to a citizen. Councilor Altman suggested that Council recognize the motorcycle police officers who have won awards. Councilor Williams joined Councilor Beaty for recognizing and congratulating people for their participation in the 2000 Clean-up Campaign. It was a very successful effort. Councilor Williams mentioned that there were a large amount of dogs loose in the City. She informed that this is National Dog Bite Prevention Month and asked that citizens check the dog leash law. Animals need to be behind a fence or on a leash and if they are not, Animal Control can be contacted. Mayor asked Mrs. Barbara Clements to explain the prioritization of calls to animal control. Mrs. Clements responded to the request. Mayor expressed appreciation to all who participated in the 2000 in 2000 clean-up campaign. Item 12b There was no staff/council discussion. The City Council adjourned at 10:45 a.m. PASSED AND APPROVED this tg day of &kJX 2000. KAtHRYN A. Y ' GER /' MAYO ATTEST: Lydia Torres City Clerk 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, 1300 Seventh Street, On Tuesday, May 2, 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 Mark Mills Pastor, Highland Heights Christian 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. Receive Minutes: a. Library Advisory Board — March 28, 2000 b. Water Resources Commission - April 3, 2000 - April 11 , 2000 c. Clean Community Commission — April 13, 2000 d. Tax Increment Financing Board — April 13, 2000 City Council Agenda Tuesday, May 2, 2000 Page 2 REGULAR AGENDA 7. Public Hearings: a. Public Hearing To Allow Public Comment On The City's Water Resource Planning Activities. b. Public Hearing To Receive Comment On Use Of The 1999 Local Law Enforcement Block Grant Funds. 8. Ordinances: a. Ordinance Renaming Bartley Drive To Stone Lake Drive. (City Council Bill #101) b. Ordinance Rezoning 1700 State Highway 79, being 0.86 Acres out of Block 5, Highland Village Subdivision From Multifamily Residential To General Commercial Conditioned Zoning District And Amending the Comprehensive Plan. (City Council Bill #102) c. Ordinance Authorizing An Adjustment To The Water And Sewer Bill For Service To Interstate Apartment Enterprises, LC dba Hunters Crossing Apartments Located At 3001 Kemp Boulevard. (City Council Bill #103) d. Ordinance Appropriating $15,000 From The Texas Parks & Wildlife Department For A Kid Fish Grant And Authorizing The Use Of $6,660 Of General City Funds For the City's Matching Requirement. (City Council Bill #104) e. Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $250,000 For The Construction Of The Multi- Purpose Events Center Coliseum And To Authorize An Annual Contribution Of $105,000 For Debt Servicing For A Period Not To Exceed Twenty Years. (City Council Bill #105) f. Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $125,000 To Wichita Falls Hospitality, Inc. (Radisson Hotel Wichita Falls) For Landscaping And Exterior Lighting Improvements At 100 Central Freeway. (City Council Bill #106) 8. Ordinances (cont'd): City Council Agenda Tuesday, May 2, 2000 Page 3 g. Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $30,000 To The Wichita County Heritage Society For The Construction Of Improvements At 505 Eighth Street. (City Council Bill #107) h. Ordinance Amending The FY 1999-2000 Section 8 Rental Assistance Budget As Approved By The United States Department Of Housing And Urban Development. (City Council Bill #108) 9. Resolutions: a. Resolution To Authorize Solicitation Of Bids For Construction Of Pumping Facilities To Divert Lake Kemp Water To The City Of Wichita Falls' Secondary Reservoir. (City Council Bill #109) b. Resolution Authorizing The City Manager To Execute An Encroachment Agreement With The Highland Heights Christian Church For A Proposed Drop-Off Lane And Canopy To Be Constructed In The Coyote Blvd. Right-Of- Way. (City Council Bill #110) c. Resolution To Approve Engineering Services Contract With Biggs & Mathews, Inc. For Phase 2, 3, And 4 For Landfill Expansion Amendment Of The City Of Wichita Falls Sanitary Landfill (Permit 1428). (City Council Bill #111) d. Resolution To Award Bid And Contract For South Plum Lake Shoreline Improvements (TPW). (City Council Bill #112) 10. Award of Bids: a. Resolution To Award Bid And Contract For The 2000 Street Resurfacing Project. (City Council Bill #113) 11 . Change Orders and Payment Approvals: a. Resolution To Approve Change Order No. 4 For The Phase 3 Sanitary Sewer Improvements Collection System Replacement Project. (City Council Bill #114) 12. Other Council Matters: City Council Agenda Tuesday, May 2, 2000 Page 4 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