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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