Min 07/18/2000 128
Wichita Falls, Texas
Memorial Auditorium Building
July 18, 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 10:00 o'clock a.m. with the
following members present:
Jerry Lueck - Mayor
Dan Shine - Pro Tern
Arthur Bea Williams - Councilors
James Esther, Jr. -
Bill Altman -
Johnny Burns -
Harold Hawkins -
James Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Lueck called the meeting to order.
Reverend Jack Jordan, Pastor, Western Hills Baptist Church, gave the invocation.
Item 3
Mr. Orlando Moreno, Street Maintenance Automotive Equipment Operator III, was
recognized as Employee of the Month for the month of July. Mayor presented Mr. Moreno with
a plaque, dinner for two, and theater passes.
Item 4
No one signed up to speak under Public Comments.
Item 5
The Minutes were approved as distributed.
Items 6a—8c
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 Burns and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
129
Item 6a
RESOLUTION NO. 91-2000
RESOLUTION TO APPROVE JOINT FUNDING AGREEMENT WITH U.S.
GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM
FLOW AND RESERVOIR CONTENT GAUGING STATIONS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 7a
RESOLUTION NO. 92-2000
RESOLUTION TO ACCEPT THE PHASE 3 SANITARY SEWER
IMPROVEMENTS COLLECTION SYSTEM REPLACEMENT PROJECT AND
AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION COMPANY,-
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC.AS REQUIRED BY
LAW
Item 7b
RESOLUTION NO. 93-2000
RESOLUTION TO ACCEPT THE 1999 ALLEY REHABILITATION PROJECT
AND AUTHORIZE FINAL PAYMENT TO MCGRATH BROTHERS CONCRETE;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Item 7c
RESOLUTION NO. 94-2000
RESOLUTION TO ACCEPT THE ALLRED PRISON SEWER 10" FORCE MAIN
REPLACEMENT PROJECT AND AUTHORIZE FINAL PAYMENT TO JALYN
CONSTRUCTION; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Items 8a — 8c
Minutes of the following Board & Commission meetings were received.
a. Park Board —June 29, 2000
b. Wichita Falls (413) Sales Tax Corporation — June 21, 2000
c. Clean Community Commission —July 6, 2000
Item 9a
A public hearing was held on the proposed use of Community Development Block Grant
(CDBG) and HOME Program Funds for the one-year action plan under the consolidated plan.
Mr. David Clark informed that the City would be receiving $1,820,000 for the 2000-2001
Community Development Block Grant Entitlement grant, and $562,000 for the HOME
Investment Partnership Act grant. He explained the national objectives and eligibility
requirements.
Mr. Clark informed that the City Council Subcommittee on outside agency funding met
with the individual non-profit organizations and City departments that requested funds. Mr.
Clark reviewed the proposed budget recommended by the Subcommittee, a copy of which is
attached hereto as Exhibit A.
Councilor Esther asked if the East Branch YMCA's need for a parking lot had been
considered by the Subcommittee. Councilor Williams commented that according to the
proposed budget, they had not successfully pled their case. She mentioned that they had
130
Item 9a continued
previously been funded $500,000 for renovation of their facility. She added that there were
some other pressing needs such as senior citizens and child care which the Subcommittee felt
needed to be addressed this year. Perhaps as time goes on they can be considered again.
Some of the other agencies have obtained other funding to help offset the total costs of what
they have needed, but the East Branch YMCA has not. She hopes that next year the East
Branch YMCA will have something that reflects that they are making an effort to offset their
parking lot project.
Councilor Esther suggested that the City and Staff step in and help those that are not
qualified to work projects such as these.
Councilor Altman stated that he was on the Board of the East Branch YMCA at the time
of this project and there was no request to fund the parking lot. That request came later. All
the work was done according to architectural plans, and at that time the East Branch YMCA
chose not to try to raise funds for the parking lot because they thought they could handle it. In
the meantime the parking lot deteriorated and they found they were not going to be able to
handle it as they had hoped, and came back to the City for additional funding.
City Manager informed that the second year the East Branch YMCA requested funding
they did talk about a parking lot and they indicated at that time they would take care of it.
Councilor Hawkins recalled that the East Branch YMCA felt they would be able to raise
the funds on their own. He mentioned that the City had approved $3000 for the North Texas
Center for Nonprofit Management Training scholarships for non-profit groups to do just what
Councilor Esther had requested. Councilor Hawkins felt that the City had done its part to
provide assistance.
Councilor Williams commented that there was another facility that needed a parking lot
and they were also not funded. She felt people are more important than parking lots.
Councilor Altman commented that the East Branch YMCA has access to experts and
they use them, however, there may be smaller organizations that are not as well organized and
may not have access to experts in this field.
Councilor Hawkins requested that Council be provided a list of the entire outside agency
requests.
Councilor Williams mentioned that the Subcommittee had talked about the need for
sidewalks in and around the Washington Jackson Math Science Center and suggested that one
of the paving projects be directed to that area.
Mayor called for additional public comments. There being none, Mayor declared the
public hearing closed.
Item 10a
ORDINANCE NO. 75-2000
ORDINANCE CLOSING, VACATING, AND ABANDONING A 20 FOOT X 139
FOOT ALLEY LOCATED AT 1620 12T" STREET, BETWEEN ALMA AND
GRACE STREETS, WITH FRONTAGE ON 12T" STREET; -ALSO KNOWN AS
LOT 17-A, BLOCK 263, CANFIELD SUBDIVISION; 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. 75-2000 be passed.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
131
Item 10b
ORDINANCE NO. 76-2000
ORDINANCE GRANTING A PERMIT TO ADELPHIA BUSINESS SOLUTIONS
OF TEXAS, L.P., TO OPERATE TELECOMMUNICATION SERVICES WITHIN
THE CITY OF WICHITA FALLS IN ACCORDANCE WITH ORDINANCE 120-99,
ORDINANCE 55-2000, AND HOUSE BILL 1777; PROVIDING FOR
CONDITIONS OF GRANTING SAID PERMIT; PROVIDING FOR ACCEPTANCE
OF 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 Altman that Ordinance No. 76-2000 be passed.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 10c
ORDINANCE NO. 77-2000
AN ORDINANCE 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 ORDINANCE WAS DISCUSSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Altman that Ordinance No. 77-2000 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 10d
ORDINANCE NO. 78-2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING CHAPTER 2 AT SECTION 2-160.9, INCREASING THE
MEMBERSHIP OF THE CLEAN COMMUNITY COMMISSION FROM 7 TO 14;
PROVIDING FOR INCLUSION IN THE CODE; 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. 78-2000 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
132
Item 11 a
RESOLUTION NO. 95-2000
RESOLUTION APPROVING AND ADOPTING THE PROPOSED USE OF
FUNDS IN THE ACTION PLAN OF THE CONSOLIDATED PLAN FOR THE
PERIOD OF OCTOBER 1, 2000 TO SEPTEMBER 30, 2001 AND AMENDING
THE ACTION PLAN FOR 1999-2000; 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. 95-2000 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 11 b
RESOLUTION NO. 96-2000
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 COVERCRAFT
INDUSTRIES, 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 Altman that Resolution No. 96-2000 be passed.
Motion seconded by Councilor Williams.
Mr. Tim Chase gave a presentation on the Covercraft project.
Mr. Martin Lichtmann, President of Covercraft, provided an update on their operations.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 11 c
RESOLUTION NO. 97-2000
RESOLUTION ESTABLISHING A CITY COUNCIL SUBCOMMITTEE TO
NEGOTIATE WITH UNITED STATES AIR FORCE PERSONNEL ON LEASE
ISSUES OF THE WICHITA FALLS MUNICIPAL AIRPORT; 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. 97-2000 be passed.
Motion seconded by Councilor Esther.
Mayor felt that he and Councilor Hawkins should be on this subcommittee since he was
on the Aviation Advisory Board and the project was in Councilor Hawkins' district.
Councilor Altman explained that he thought it was important to have the three current
senior Council members work with Sheppard Air Force Base on these negotiations.
133
Item 11 c continued
Councilor Hawkins commented that when projects of this importance are considered,
the councilor of that district should be on the subcommittee. He added that he was the senior
councilor and he has real estate background, which would be beneficial. He would like to serve
on this subcommittee.
Councilor Altman felt that the three current senior councilors would be the best-qualified
representatives of the City on this project.
Moved by Councilor Hawkins that proposed resolution be amended to appoint Mayor
Lueck, Councilor Altman, and Councilor Hawkins to the subcommittee.
Motion seconded by Mayor Lueck.
Moved by Councilor Esther to amend the amendment by appointing Mayor Lueck,
Councilor Shine, and Councilor Altman to the subcommittee.
Motion failed for lack of a second.
Original amendment failed by the following vote.
Ayes: Mayor Lueck and Councilor Hawkins
Nays: Councilors Williams, Shine, Esther, Altman, and Burns
Original motion carried by the following vote.
Ayes: Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: Mayor Lueck
Item 11 d
RESOLUTION NO. 98-2000
RESOLUTION APPROVING THE FY 2000-01 BUDGET FOR THE WICHITA
FALLS (413) SALES TAX CORPORATION; 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. 98-2000 be passed.
Motion seconded by Councilor Williams.
Councilor Burns emphasized that some of this money is going towards drainage
projects.
Councilor Altman suggested that a meeting be planned sometime in the fall between the
Council and the 4B Board to compare future plans.
City Manager informed that Staff will provide Council a capital improvement plan along
with identifiable funding sources, if any, after the budgeting process.
City Manager reported that he had received a letter from Dr. Louis Rodriguez regarding
the Sikes Lake dredging project. The letter stated that Midwestern University Administration
and Board of Regents intends to make Sikes Lake a recreational facility accessible to the
citizenry regardless of University affiliation. Midwestern State University reserves for future
boards and their successors the discretionary authority to discharge their duties and
responsibilities in meeting issues unforeseen by the University at present.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
134
Item 11 d continued
Nays: None
Item 11e
RESOLUTION NO. 99-2000
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A
TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD PUBLIC
HEALTH INTERNET CONNECTIVITY GRANT AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLABORATIVE AGREEMENT WITH THE
TEXAS ASSOCIATION OF LOCAL HEALTH OFFICIALS COLLABORATIVE;
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. 99-2000 be passed.
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 11 f
RESOLUTION NO. 100-2000
RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR THE
CAMPFIRE/SALVATION ARMY DRAINAGE IMPROVEMENTS (CDBG)
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 Altman that Resolution No. 100-2000 be passed.
Motion seconded by Councilor Shine and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 12a
All Council members expressed their pleasure in having the Dallas Cowboys in Wichita
Falls and encouraged everyone to go out and support them by attending their practices. This is
a very positive event for our City.
Councilor Shine expressed appreciation to the Staff for putting the Council retreat
to
in such a short time.
Councilor Burns mentioned that the Cowboys would be in Japan for one week but they
would be here for approximately one month. He expressed regret in missing the retreat.
Councilor Altman stated that millions of dollars are spent here during the Cowboy's
training camp and our City gets international exposure and we all need to go out and attend the
practices.
Councilor Esther explained that earlier there had been an exchange of thoughts
between him and Councilor Williams and he wanted to clarify that was all it was - an exchange
of thoughts. He said that when his district needs help he is going to ask the Council for help.
135
Item 12a continued
Councilor Hawkins requested that staff check the signal light at Missile Road and SH
240. He was glad to see the sidewalk at Plum Lake, but felt that the City needed to look into
developing the City park sidewalks.
Councilor Hawkins mentioned that the Family YMCA will have a name change today
and Mr. John Bartley is being honored.
Councilor Williams said that there was still a problem with the lighting at Harding
between Homes and Rosewood Streets. She mentioned that it could possibly need a total
replacement and asked that Traffic look into this. She also mentioned that the lights were out
under the bridge at Harding. She asked Chief Coughlin to have his people report any lighting
malfunctioning and to stay on top of that.
Mayor stated that trees were growing out and could pose a safety hazard at the stop
sign on Old Iowa Park Road and Barnett Road.
Item 12b
Mr. David Clark informed that the Northeast Boys and Girls Club was having its grand
opening on East Wichita Street this afternoon at 4:00 p.m. He also mentioned that First Step
was having an open house for one of their remodeled shelters. He asked that Council think
about Lake Wichita when they consider the use of City public property.
City Manager mentioned the restrictions of signs on rights of way and that they need to
be behind the sidewalk or behind utility poles. He is looking seriously at staffing temporary
people to clear up this problem and enforce this Ordinance.
City Council adjourned at 11:35 a.m.
PASSED AND APPROVED this _day ofIt I
2000.
J RY LUECK
MAYOR
AT EST:
vow
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,
July 18, 2000, Beginning At 10:00 a.m.
City Council: Mayor Gerald Lueck - Councilors Arthur Bea
Williams, Dan Shine, James Esther, William
Altman, Johnny Burns, and Harold Hawkins
1 . Call to Order.
2. Invocation: The Reverend Jack Jordan
Pastor, Western Hills 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 To Approve Joint Funding Agreement With U.S.
Geological Survey For Operation And Maintenance Of
Stream Flow And Reservoir Content Gauging Stations. (City
Council Bill #180)
City Council Agenda
Tuesday, July 18, 2000
Page 2
7. Change Orders and Payment Approvals:
a. Resolution To Accept The Phase 3 Sanitary Sewer
Improvements Collection System Replacement Project And
Authorize Final Payment To Bowles Construction Company.
(City Council Bill #181)
b. Resolution To Accept The 1999 Alley Rehabilitation Project
And Authorize Final Payment To McGrath Brothers
Concrete. (City Council Bill #182)
c. Resolution To Accept The Allred Prison Sewer 10" Force
Main Replacement Project And Authorize Final Payment To
Jalyn Construction. (City Council Bill #183)
8. Receive Minutes:
a. Park Board — June 29, 2000
b. Wichita Falls (413) Sales Tax Corporation — June 21 , 2000
c. Clean Community Commission — July 6, 2000
REGULAR AGENDA
9. Public Hearings:
a. Final Public Hearing On The Proposed Use Of Community
Development Block Grant (CDBG) And Home Program
Funds For The One-Year Action Plan Under The
Consolidated Plan.
10. Ordinances:
a. Ordinance Closing, Vacating, and Abandoning a 20 Foot X
139 Foot Alley Located At 1620 12th Street, Between Alma
and Grace Streets, With Frontage On 12th Street; Also
Known As Lot 17-A, Block 263, Canfield Subdivision. (City
Council Bill #184)
b. Ordinance Granting A Permit To Adelphia Business
Solutions Of Texas, L.P., To Operate Telecommunication
Services Within The City Of Wichita Falls. (City Council Bill
#185)
City Council Agenda
Tuesday, July 18, 2000
Page 3
10. Ordinances (cont'd):
c. Ordinance Reappointing Substitute Judge Of The Municipal
Court For A Term Of Two Years. (City Council Bill #186)
d. Ordinance Amending Chapter 2 At Section 2-160.9,
Increasing The Membership Of The Clean Community
Commission From 7 To 14. (City Council Bill #187)
11 . Resolutions:
a. Resolution Approving The Proposed Use Of Funds In The
Action Plan Of The Consolidated Plan For The Period Of
October 1 , 2000 To September 30, 2001 And The
Amendment To The Action Plan For 1999-2000. (City
Council Bill #188)
b. Resolution Authorizing Tax Abatement Agreement Between
the City of Wichita Falls and Covercraft Industries, Inc. (City
Council Bill #189)
c. Resolution Establishing A Council Subcommittee To
Negotiate With United States Air Force Personnel On Lease
Issues Of The Municipal Airport. (City Council Bill #190)
d. Resolution Approving The FY 2000-01 Budget For The
Wichita Falls (413) Sales Tax Corporation. (City Council Bill
#191)
e. Resolution Authorizing The City Manager To Apply For The
Telecommunications Infrastructure Fund Board (TIFB)
Public Health Internet Connectivity Grant And Enter Into A
Collaborative Agreement With The Texas Association Of
Local Health Officials (TALHO) Collaborative. (City Council
Bill #192)
f. Resolution To Approve Change Order No. 1 For The
Campfire/Salvation Army Drainage Improvements (CDBG)
Project. (City Council Bill #193)
12. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
13. Adjourn.
City Council Agenda
Tuesday, July 18, 2000
Page 4
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