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Min 08/01/2000 136 Wichita Falls, Texas Memorial Auditorium Building August 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: Jerry Lueck - Mayor Dan Shine - Pro Tern Arthur Bea Williams - Councilors James Esther, Jr. - Johnny Burns - Harold Hawkins - Robert Powers - Assistant City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Bill Altman - Absent Mayor Lueck called the meeting to order. Reverend Keith Cupples, Trinity United Methodist Church, gave the invocation. Item 3 Mr. Charles J. Eipper, Police Officer, was recognized as Employee of the Month for the month of August. Mayor presented Officer Eipper with a plaque, dinner for two, and theater passes. Mayor recognized the Parks and Recreation Campers and Counselors. Mayor recognized the Water Resources Commission members and the Wichita Falls/Wichita County Health District Board members. Mayor proclaimed August 12, 2000 as Grider Family Reunion Day in Wichita Falls. The six Grider sons served our Country in World War II and all returned home after V-J Day. Stanley Grider, Roy Grider's son, accepted the proclamation and expressed appreciation to the Council for recognition of their family. Item 4 Rev. Keith Cupples, 4500 Westridge, thanked the Council, Staff, and citizens on behalf of the U.S. Library of Congress, the Russia initiative of the United Methodist Church and Trinity United Methodist Church for opening this City to 16 persons from Russia who visited in June. He especially thanked the Councilors who made their way to greet these Russian diplomats, for their hospitality and graciousness. We are still receiving communication from these persons and they send greetings from Russia with gratitude. Larry Sanner, 5007 Lake Shore Drive, expressed concern that the boat ramp at Lake Wichita was unable to be used because of the water level. He felt that it was poor design that the boat ramp was not built to be used at a foot and a half below the 976 level. He said that Staff had told him it was built to specifications and he felt that should be corrected. He 137 Item 4 continued mentioned that state funding was available to rebuild the boat ramp. Mr. Sanders requested that Council address this issue and place it on the next Council agenda. Councilor Hawkins suggested that Mr. Jack Murphy look into the possibility of accessing state funds to rebuild the boat ramp. Item 5 The Minutes were approved as distributed. Items 6a-7a Assistant City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Hawkins that the consent agenda be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 101-2000 RESOLUTION TO ACCEPT THE PHASE ONE SIXTH STREET TRUNK MAIN PROJECT AND AUTHORIZE FINAL PAYMENT TO S.J. LOUIS CONSTRUCTION, INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION NO. 102-2000 RESOLUTION TO ACCEPT THE SOUTH PLUM LAKE SHORELINE IMPROVEMENTS (TPW) PROJECT AND AUTHORIZE FINAL PAYMENT TO MCGRATH BROTHER'S CONCRETE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a Minutes of the Park Board, July 13, 2000 meeting were received. Item 8a Moved by Councilor Esther to defer action until the August 15, 2000 Council meeting on the consideration of adoption of an ordinance to authorize the issuance of$7,000,000 of Certificates of Obligation for the Coliseum Project. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Burns, and Hawkins Nays: None 138 Item 8b ORDINANCE NO. 79-2000 AN ORDINANCE AUTHORIZING THE EXPANSION OF THE REINVESTMENT ZONE #1 (TAX INCREMENT FINANCING DISTRICT); 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. 79-2000 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Burns, and Hawkins Nays: None Item 8c ORDINANCE NO. 80-2000 AN ORDINANCE APPROPRIATING $26,651 IN FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE EMERGENCY MANAGEMENT ASSISTANCE PROGRAM; 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. 80-2000 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Burns, and Hawkins Nays: None Item 8d ORDINANCE NO. 81-2000 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE BULLETPROOF VEST PARTNERSHIP GRANT AND AUTHORIZING THE CITY MANAGER TO ACCEPT 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 Williams that Ordinance No. 81-2000 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Burns, and Hawkins Nays: None 139 Item 9a RESOLUTION NO. 103-2000 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND WICHITA COUNTY FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF A FIBER OPTIC CONNECTION BETWEEN THE CITY AND THE COUNTY; 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. 103-2000 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Burns, and Hawkins Nays: None Item 9b RESOLUTION NO. 104-2000 RESOLUTION APPROVING THE SALE OF 1611 ORCHARD AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SPECIAL WARRANTY DEED; 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.104-2000 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Burns, and Hawkins Nays: None Item 10a RESOLUTION NO. 105-2000 RESOLUTION TO REJECT BID FOR THE RECOATING OF DIGESTER NO. 2 AT THE RIVER ROAD WASTEWATER TREATMENT PLANT 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. 105-2000 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Burns, and Hawkins Nays: None Item 10b Moved by Councilor Williams to accept proposals for the City's Insurance Program. Motion seconded by Councilor Esther and carried by the following vote. 140 Item 10b continued Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Burns, and Hawkins Nays: None Item 11 a Councilor Esther mentioned that while attending the Association of Mayors, City Councilors and Commissioners AMCCC he observed that other cities(AMCCC) meeting c t es are more or less experiencing the same things we are here in Wichita Falls. They are all seeking avenues to increase their revenues through the building of new structures such as auditoriums and coliseums. This is an important effort to enhance the ability for other people to come and visit our cities in the future. Obtaining conventions, conferences, etc. is going to be highly competitive and in an attempt to get people to our City and to encourage our young people to stay here we are going to have to stay in the forefront of this and have a mind towards the future. Councilor Hawkins commented that Wichita Falls was noticed at the AMCCC meeting. He thanked City Staff and the Convention and Visitor's Bureau for all their hard work. This event will be hosted in Wichita Falls next year and it will be a good time to publicize our City and what we have to offer here. Councilor Williams expressed appreciation to Troy Jensen for preparing slides to assist her in her presentation at the AMCCC meeting. Councilor Williams stated that as Councilor-at large, she thinks that what she does and the perception of her by the people of this community is extremely important, both for the well being and the morale of the community. She mentioned that there were things that had been in the newspaper about her. She emphasized that she has no tolerance for lies and she has never in her life expressed any desire of people of this community or any other community in this country to not exercise their rights to vote. No matter how many times a person says and spreads a lie it never makes it the truth. I will not try to do anything about the harassment concerning me, but I will never ever let a lie go undefended. I have not said it and I will not say it and it is not the truth. Anyone who hears me needs to know that I believe in the right to vote and if it were not for that I would not be here. Councilor Shine thanked the Convention Visitor's Bureau for working to bring AMCCC to Wichita Falls next year. The AMCCC meeting was a good time of networking between the Council members. He stated that they need to get to a strong consensus so that we can move forward in this City. Councilor Burns stated that AMCCC was an informative meeting and he enjoyed it. He expressed appreciation to the Convention Visitor's Bureau and the Staff for their work. Councilor Burns expressed great concern regarding the boat ramp at Lake Wichita. If the specifications are wrong we need to address the problem of not being able to use the boat ramp. We need to look for matching funds and correct this problem. It seems like we need to lower the level of the boat ramp. Mayor mentioned the AMCCC meeting and said he attended the Attorney General's school where the focus was on Robert's Rules. Mayor stated that the Attorney General told the group not to worry about Robert's Rules, that the two things they need is 1) to conduct an orderly meeting and 2) make sure that everyone is heard. Other than that do not worry about Robert's Rules, you are covered. Councilor Shine requested that Mr. George Bonnett report on the dredging of Lake Wichita. Item 11 b Mr. George Bonnett gave an update on the water situation. Mr. Bonnett, assisted by Mr. Scott Taylor and Mr. David Lehfeldt, presented a report on the utilization of Lake Kemp water. 141 Item 11 b continued Mr. Robert Powers presented the budget schedule. He mentioned that unless Council directs otherwise, the Lake Wichita boat ramp will be an item of discussion under the budget and not an individual agenda item. Fire Chief Ronnie James gave a progress report on the fire station project. City Attorney noted that some citizens had signed up to speak under public comments that were not given an opportunity and it would be appropriate at this time to do so. Judy Elliott, 3912 Onaway Trail, requested a waiver on the interest to mowing liens on the property located at 3910 Onaway Trail. She informed that this property had been gift deeded to her by her grandmother who was unaware of the mowing liens which had existed since 1972. A title search had not been done until Mrs. Elliott was in the process of selling the property. She did not feel responsible for the mowing liens that were 28 years old and requested that Council waive the interest. Councilor Hawkins informed that when you buy property you purchase it subject to existing liens. He also mentioned that only once in the eight years that he has served on the Council has a waiver been allowed and that was for property to be developed. If this was allowed it would be setting a precedence. Staff was directed to place this request on the Council agenda. Mrs. Elliott will give particulars to Mr. Dave Clark. Katherine Ramos, 1221 30th Street, informed that she had purchased a manufactured home from Quality Homes. She was financially unable to have the required brick foundation installed at this time and asked that instead of the brick she be allowed to install aluminum skirting for one year. At the end of the year she would replace the aluminum with brick. Councilor Hawkins suggested that she discuss her situation with Quality Homes and have them assist her. They sell homes by making concessions. If we allowed this waiver Council would be setting a precedence. City Council adjourned at 10:25 a.m. PASSED AND APPROVED this day of 2000. JERRY LUECK MAYOR 7EST: I Lydia Torres U 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, August 1, 2000, Beginning At 8.30 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 Keith Cupples Trinity United Methodist 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 Accept Phase One Sixth Street Trunk Main Project And Authorize Final Payment To S.J. Louis Construction, Inc. (City Council Bill #194) b. Resolution To Accept The South Plum Lake Shoreline Improvements (TPW) Project And Authorize Final Payment to McGrath Brothers Concrete. (City Council Bill #195) 7. Receive Minutes: a. Park Board — July 13, 2000 City Council Agenda Tuesday, August 1, 2000 Page 2 REGULAR AGENDA 8. Ordinances: a. Motion And Order To Defer Action On Consideration Of Adoption Of An Ordinance To Authorize The Issuance Of $7,000,000 Of Certificates Of Obligation For The Coliseum Project Until The August 15, 2000 Regular City Council Meeting. (City Council Bill #196) b. Ordinance Expanding The Boundaries Of The Reinvestment Zone #1 (Tax Increment Financing District). (City Council Bill #197) C. An Ordinance Appropriating $26,651 In Funding Received From The Texas Department Of Public Safety For The Emergency Management Assistance Program. (City Council Bill #198) d. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The U.S. Department Of Justice For The Bulletproof Vest Partnership Grant And Authorizing The City Manager To Accept Same. (City Council Bill #199) 9. Resolutions: a. Resolution Authorizing The City Manager To Enter Into An Interlocal Cooperation Agreement Between The City Of Wichita Falls And Wichita County For The Installation, Maintenance And Operation Of A Fiber Optic Connection Between The City And The County. (City Council Bill #200) b. Resolution Authorizing The Sale Of Property Located At 1611 Orchard, Which Was Acquired As Part of The Urban Homestead Program. (City Council Bill #201) City Council Agenda Tuesday, August 1, 2000 Page 3 10. Award of Bids: a. Resolution To Reject Bid For The Recoating Of Digester No. 2 At The River Road Wastewater Treatment Plant Project. (City Council Bill #202) b. Motion To Accept Proposals For The City's Insurance Program. 11. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 12. 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