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Min 09/19/2000 165 Wichita Falls, Texas Memorial Auditorium Building September 19,2000 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. - 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. Pastor Rick Thompson, Colonial Baptist Church, and Pastor Kyle Bateman, Evangel Temple Assembly of God Church, gave the invocation. Item 3 Chief Coughlin recognized the Crimestoppers Board and thanked them for their commitment and dedication to this successful program. Officer Melvin Joyner gave a presentation on the progress and success of this program and the efforts set forth by this board. Chief Coughlin expressed appreciation to the Crimestoppers Board and to Officer Joyner for their hard work and for everything that they have been doing for the City's law enforcement family. Mayor thanked the board for their work. Mr. Gary Patrick, Park Board Chair, presented the Five Year Park and Recreation Open Space Plan. He informed that the Park Board was recommending this Plan and asked Council to give it thoughtful consideration. Mr. Patrick suggested that this Plan be updated annually. A copy of this Plan is attached hereto as Exhibit A. Item 4 Mildred Watson and Rachel Moreno, 2855 Haws Road, Iowa Park, expressed complaints against the Sheriffs Department. They felt a full investigation of the Sheriffs Department should be conducted. Deborah Head, 2802 Cromwell, expressed surprise at the cost of water fines assessed and felt there were other ways of dealing with this. She will discuss her ideas with individual Council members. She expressed concern about the Assistant City Attorney's attitude which she felt was a little on the threatening side. She mentioned the coliseum and stated that before it was considered, better control of the water situation was needed. She will discuss that with the persons who are heading up that effort. 166 Item 5 The Minutes were approved as amended. Items 6a -9b 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 Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 123-2000 RESOLUTION AMENDING RESOLUTION NO. 43-2000 TO ALLOW AN EXTENSION OF A TEMPORARY RATE INCREASE FOR TAXICAB SERVICES DUE TO UNUSUAL GASOLINE PRICES; 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.124-2000 RESOLUTION TO AWARD BID AND CONTRACT FOR THE 1999/2000 BUDGET UTILITY IMPROVEMENT PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7b Contract was awarded to J & K Communications, Inc. in the amount of$27,315.00 for the purchase of fifteen (15) Remote Telemetry Units (RTU'S). Item 8a RESOLUTION NO. 125-2000 RESOLUTION TO ACCEPT THE LINEAR PARK FROM O'REILLY TO WILLIAMS PARK (CDBG) PROJECT AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 9a Minutes of the following Board & Commission meetings were received. a. Traffic Safety Commission — May 3, 2000 b. Clean Community Commission —August 24, 2000 Item 10a A public hearing was held on the 2000-01 preliminary budget. Mayor declared the public hearing open. Mayor called for comments. There being none, Mayor declared the public hearing closed. 167 Item 10b A public hearing was held on the FY 2000-2001 Transit Grant for capital, planning and operating assistance for the Wichita Falls Transit System. Mayor declared the public hearing open. Mr. Steve Seese informed that this was the second of two required public hearings. Mr. Robert Parker informed that the department superintendent uses the car when he does drive checks on the buses that are traveling around. The van is used to transport the bus drivers to the exchange point when the morning shift terminates at Sikes Senter. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 10c A public hearing was held to receive public comment regarding program priorities for the FY 2000 Local Law Enforcement Block Grant. Mayor declared the public hearing open. Chief Coughlin informed that the amount of the grant was $106,490, of which 10% is the City's cash match and this will come from the Police Department's forfeiture fund. An advisory committee appointed by the Chief will determine how the grant proceeds will be spent. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 11 a ORDINANCE NO. 90-2000 ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001, AND APPROVING REVISIONS TO THE 1999-00 BUDGET; 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. 90-2000 be passed. Motion seconded by Councilor Altman. City Manager explained the procedures used to obtain the revenue to balance the budget and noted that the tax rate did not increase. In response to a question about the step plan he explained how that process worked and stated that it was not funded in the budget but was financed by turnover. Up to now that has worked. City Manager explained that he decided on an across the board increase because it could cause compaction problems in the organization which is the same as what we are trying to address with the police. There are supervisors making less money than those under them. It does the organization more good to give an overall percentage raise than to attempt to "spot fix" individual hard to hire areas. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 168 Item 11 b ORDINANCE NO. 91-2000 ORDINANCE LEVYING, ASSESSING, AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE WICHITA FALLS MUNICIPAL GOVERNMENT AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE 2000- 01 FISCAL YEAR; 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. 91-2000 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 c ORDINANCE NO. 92-2000 ORDINANCE TO AMEND SECTION 32-20 OF THE CODE OF ORDINANCES TO ADJUST WATER RATES FOR RETAIL CUSTOMERS; 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. 92-2000 be passed. Motion seconded by Councilor Burns. City Attorney suggested that Section 2 be renumbered as Section 3 and that a new Section 2 be added stating: "This ordinance shall not be deemed to repeal Ordinance 61-2000 which establishes additional surcharges during emergency drought conditions". Moved by Councilor Altman to amend Ordinance 92-2000 as stated previously by City Attorney. Motion seconded by Councilor Burns. City Manager explained that rate adjustments were deferred while fund equity was being used to make improvements. However, the system can no longer be run on fund equity and rates need to be adjusted. The outside rate consultants have recommended this rate for the following reasons: 1) the profit generated to make improvements is down because the use is down; 2) water-sewer bonds are coming due and payments need to be made; and 3) we do not have equity producing interest because the equity is being used to make improvements. Mayor suggested that water rates not be increased at or below 12CCFs, or some reasonable figure. He mentioned the following figures if usage goes over 12CCFs: 12-25CCF charge $5 cu ft.; 25-30CCF charge $6; 30-35CCF charge $8; 35-40CCF charge $10. We have to penalize those who use more water. Council does not want to raise rates but in order to have quantity and quality, they will need to be increased. It was noted that by law the water fund has to be set up separately and operated at a break-even point. It was suggested that an equitable rate structure be investigated to apply the surcharge. Councilor Hawkins felt that a worksession was needed to determine if more steps were needed in this abuse of the water system. Mr. Bonnett informed that the City has a rate study program for this year and one of the options Staff intends to bring Council is an inverted block structure that will recognize an appropriate surcharge for higher use. That will be incorporated in the rate study and brought back to Council. Councilor Shine felt that a worksession should be held to discuss each individual fund and to justify the 12% increase in water rates. 169 Item 11 c continued Moved by Councilor Hawkins to table this item. Motion seconded by Mayor Lueck. City Attorney advised that a motion was currently on the floor which Council needed to vote on first. Motion on the amendment carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Councilor Altman informed that a motion to table is non-debatable and in order to continue discussion on this item the motion to table would need to be withdrawn. Councilor Hawkins withdrew his motion. The water-sewer budget and bond indebtedness were discussed at length. Mr. Jim Dockery explained the reasoning behind the 12% proposed water rate increase, and suggested waiting until the rate study is finished to hold a worksession about how best to adjust the rate in the future. Councilor Altman summarized that the 12% is to make next year's operating expenses and revenue balance equal without putting any money into reserve based on the best interests we could come up with. During the year we could consider making adjustments in the rates at various levels but we do not have the data to do that now. It was noted that the rates have to be based on the rate study. Motion as amended carried by the following vote. Ayes: Councilors Williams, Shine, Esther, Altman, and Burns Nays: Mayor Lueck and Councilor Hawkins City Council recessed at 10:45 a.m. and reconvened at 11:05 a.m. Item 11 d ORDINANCE NO. 93-2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AMEND SECTION 15-127 OF THE CODE OF ORDINANCES, WHICH CLASSIFIES THE NUMBER OF DESIGNATED CIVIL SERVICE POSITIONS IN THE WICHITA FALLS FIRE DEPARTMENT; 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. 93-2000 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 170 Item 11 e ORDINANCE NO. 94-2000 ORDINANCE DESIGNATING THE STRUCTURE AT 3100 HAMILTON BOULEVARD AS A WICHITA FALLS LANDMARK; 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. 94-2000 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 11 f ORDINANCE NO. 95-2000 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM TEXAS DEPARTMENT OF HEALTH; 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. 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 ORDINANCE NO. 96-2000 ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY 1999 AND THE FY 2000 LOCAL LAW ENFORCEMENT BLOCK GRANTS AND TO APPROPRIATE $128,540 AND $106,490, RESPECTIVELY, IN THE SPECIAL REVENUE FUND; 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. 96-2000 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 171 Item 11 h ORDINANCE NO. 97-2000 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES, ENTITLED OFFENSES AND MISCELLANEOUS PROVISIONS, AT ARTICLE II, NOISE, BY ADDING SUBSECTION (C) TO SECTION 20-32 TO PROHIBIT THE OPERATION OF A DEVICE THAT CREATES VIBRATION ABOVE THE VIBRATION PERCEPTION THRESHOLD, AND BY ADDING A NEW SECTION 20-33, PROVIDING FOR EXEMPTIONS TO THIS ORDINANCE; 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. 97-2000 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 i ORDINANCE NO. 98-2000 ORDINANCE AMENDING SECTION 27-29 AND 27-30 OF THE MUNICIPAL CODE OF ORDINANCES REGARDING SIDEWALKS; 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. 98-2000 be passed. Motion seconded by Councilor Williams carried by the following vote. Ayes: Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: Mayor Lueck Item 11j ORDINANCE NO. 99-2000 AN ORDINANCE WAIVING MOWING LIENS, INTEREST, AND ATTORNEY FEES ON 1 VACANT LOT IN THE NELSON STONE ADDITION TO CONTINUE THE CONSTRUCTION OF MODERATELY PRICED HOMES, AS PREVIOUSLY DONE WITH THE PASSING OF ORDINANCE 127-97 AT THE DECEMBER 16, 1997 COUNCIL MEETING ON 15 VACANT LOTS ON RICHMOND DRIVE AND ONAWAY TRAIL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 99-2000 be passed. Motion seconded by Councilor Esther. Moved by Councilor Altman to amend Section 1 by adding the word "existing" between "the" and "mowing" , and the word "and" after the comma on the third line. Section 1 would read: The existing mowing liens filed against the following described real property by the City of Wichita Falls shall be waived based upon the interested party providing the City with a 15 foot wide utility easement, and the issuance of a building permit or certificate of occupancy at the 172 Item 11 j continued discretion of the City Manager in consultation with the City Attorney: Lot 88, Block 1, Nelson Stone Addition a/k/a/ 2127 Richmond Drive. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 11 k ORDINANCE NO. 100-2000 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REPEALING ORDINANCE 68-2000, PREVIOUSLY PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF JUNE, 2000; 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. 100-2000 be passed. Motion seconded by Councilor Williams. City Attorney recommended repealing Ordinance 68-2000 and later determining the date of the election. Max Yancey, #3 Karen Court, agreed that the ballot wording would be very confusing to the public, therefore, he endorsed repealing Ordinance 68-2000. He wants the ballot wording to be very simple where the public can understand it. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 111 A proposed ordinance was presented 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. City Attorney explained that the action previously taken by Council to repeal Ordinance 68-2000 negated the need to defer action on this item. He suggested a motion to defeat action to defer. Moved by Councilor Burns to defeat action to defer. Motion seconded by Councilor Esther. Councilor Altman mentioned that if no action was taken on this item it would be defeated. Councilor Burns withdrew his motion. 173 Item 111 continued No action was taken on this item. Item 12a RESOLUTION NO. 126-2000 RESOLUTION AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT FOR UNITED ELECTRIC COMPANY AS RECOMMENDED BY THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION AND APPROVING AN AMENDMENT TO THE CORPORATION'S FY 1999-2000 BUDGET; 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. 126-2000 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 12b RESOLUTION NO. 127-2000 RESOLUTION AUTHORIZING TAX ABATEMENT AGREEMENT AMONG THE CITY OF WICHITA FALLS, CONTINENTAL VAV, INC. AND UNITED ELECTRIC COMPANY, L.P.; 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.127-2000 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 12c RESOLUTION NO. 128-2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DECLARING THAT THE CITY OF WICHITA FALLS, TEXAS (THE "CITY") COMMITS TO NOMINATE UNITED ELECTRIC COMPANY, L.P., A "QUALIFIED BUSINESS" AS DEFINED BY THE TEXAS ENTERPRISE ZONE ACT, SECTION 2303.401(a), TEXAS GOVERNMENT CODE (THE "ACT"), FOR THE PURPOSE OF APPLYING TO THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT ("THE "DEPARTMENT") AND THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS (THE "COMPTROLLER") TO RECEIVE A ONE-TIME STATE SALES TAX REFUND, AS AUTHORIZED BY SECTION 151.431, TEXAS TAX CODE (THE "TAX CODE"), AND TO RECEIVE A ONE-TIME FRANCHISE TAX REFUND, AS AUTHORIZED BY SECTION 171.501, TEXAS TAX CODE; 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. 128-2000 be passed. Motion seconded by Councilor Altman and carried by the following vote. 174 Item 12c continued Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12d RESOLUTION NO. 129-2000 RESOLUTION APPOINTING HABITAT FOR HUMANITY OF WICHITA FALLS, INC. AS AN ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM AND AUTHORIZING A CONTRACT; 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. 129-2000 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 12e RESOLUTION NO. 130-2000 RESOLUTION TO ESTABLISH A VALUE FOR SIDEWALK ESCROW IN LIEU OF CONSTRUCTION; 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. 130-2000 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 Item 13a RESOLUTION NO. 131-2000 RESOLUTION TO AWARD BID IN THE AMOUNT OF $32,084 TO SIGMA MICRO CORPORATION FOR A REVERSE 911 TELEPHONE SYSTEM FOR THE WICHITA FALLS POLICE DEPARTMENT COMMUNICATIONS/DISPATCH SECTION LOCATED AT 610 HOLLIDAY STREET; 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. 131-2000 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 175 Item 13b RESOLUTION NO. 132-2000 RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL FROM DONNIE'S BODY SHOP FOR THE OPERATION OF A VEHICLE STORAGE FACILITY FOR THE WICHITA FALLS POLICE DEPARTMENT; 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 132-2000 be passed. Motion seconded by Councilor Burns. Chief Coughlin presented information on the proposal from Donnie's Body Shop and made a recommendation to accept it. The proposal included $10/day administration fee and $10/day storage fee. The agreement would be for three years with a two-year option. The City would have the option at the end of the three years. Vehicles will be able to be retrieved on a 24-hour basis. Contract has not been drawn pending results of Council action today. The following persons were not against the proposal but expressed some concerns and made suggestions: Kevin Callahan, 1654 Speedway, Collins Motor Company, suggested that the proposal reflect in writing what vehicles would be stored at the storage facility, and that some guidelines be created for that storage facility. Laverne Stuart, 201 E. Scott, wanted to see the final contract before it is approved. Carlson Stuart, 201 E. Scott, asked that the system be kept the same as it currently exists, which is that the vehicles going to the City's impound lot be the only vehicles that are stored at Donnie's. He does not want the accident vehicles or other vehicles taken to Donnie's and requested that the contract reflect that. Chief Coughlin will make a departmental policy that states that they will maintain the system as it currently is. Donnie Melton, 3205 Windthorst, Donnie's Wrecker Service, informed they would be available 24 hours a day. He stated that he has his own wrecked vehicles on this yard and they would be co-mingled with the other vehicles. The contract will be drawn up to address these concerns and will be made available to interested parties. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None City Council recessed at 1:05 p.m. and reconvened at 2:05 p.m. Item 13c Moved by Councilor Burns to award contract to Texas Scenic Company, Inc. in the amount of$40,470.00 for the purchase of auditorium stage lighting equipment. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 176 Item 13d Moved by Councilor Altman to award bid to Columbia Equipment Company, Inc. in the amount of$13,350.00 for the purchase of five (5) bus shelters. 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 14a Council consensus was to hold the election for the MPEC Coliseum Project on January 20, 2001. This item will be placed on the next Council agenda. Mr. Max Yancey voiced his approval of this date. Item 14b Councilor Hawkins mentioned that he had received calls regarding the prosecutor's attitude regarding a water ticket issue. He asked the City Attorney to look into this. Councilor Williams also expressed a concern about this situation. City Attorney gave details of what had happened and mentioned that a letter of apology had been sent to the citizen explaining that it was a misunderstanding. Councilor Altman stated that a spouse should be allowed to handle those tickets. Councilor Shine asked Mr. Bonnett to explain to the citizens why we are not dredging while the lakes are at a low level. Mr. Bonnett provided the following reasons: 1) We have absolute full commitment, even on over-time, with manpower and equipment to get as reasonable a repair rate on the open excavations. 2) Lengthy time frame involved in obtaining a 404 permit which is required if you excavate more than 15 yards. This permit takes six weeks to 12 months to obtain. 3) If we had a 404 permit we could let a contract and do as much as we are willing to contract for; it is a question of how we wish to direct our assets. Councilor Burns cautioned people to base their opinions on something more than what they read, especially the letters to the editor and editorials. It is very hazardous to formulate opinions based on those things because they are just opinions in themselves. He expressed a real problem with people that hide behind a mask of anonymity and fire pot shots at people who are trying to do the best they can. We need to be approaching things in a more positive light. He suggested that citizens ask questions before forming an opinion about whether someone is right or wrong; and he encouraged everyone to be more united. Councilor Altman thanked the citizens that on a daily basis express their appreciation for Council, the City, and Staff. People can disagree with the decisions that we make but we try to reach the best decision for the community as a whole, however, it may not be the best for each individual. We appreciate the positive comments that are made. If we all work together we can work things out. He encouraged the Council not to be bothered by a few naysayers' comments. Most people know and are able to evaluate the content for what it really is. Continue to enjoy the situation, make the best of it, and strive to do the best for our children in this community. Item 14c City Manager expressed appreciation to the Council for all the work and time they have taken to get the City started in another fiscal year. 177 Item 14d (1) Moved by Councilor Williams that the following persons be appointed to the Clean Community Commission: Clemmie Garrett, Place 9, with term to expire 12/31/2000 Betty Wilson, Place 10, with term to expire 12/31/2001 Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 14d (2) Moved by Councilor Williams that Gracie Gregg be appointed to the Library Advisory Board to replace Valda Jones, Place 3 with term to expire 7/31/2001. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 14e The annual evaluation for City Council Appointees was rescheduled to the October 3, 2000 meeting. City Council adjourned at 2:40 p.m. PASSED AND APPROVED this_day of , 2000. RRY LUECK MAYOR ATTEST: Lydia Torres City Clerk 1 1 1 Jl manse= No 10 The City of Wichita Falls Park Board i . Recommendation for 1 A Five Year Improvement Program September, 2000 1 The attached recommendation is submitted in the belief that improvements are needed to fill significant voids in the recreation opportunities for our citizens. A careful review has 1 been made of existing facilities available from both the City and private sector in order not to duplicate services. The recommendations do not represent all desirable improvements, but rather a prudent distillation of many facilities considered. It is thought the proposed improvements will serve a variety of citizen ages, incomes, and activities. Many of the facilities are centered in Jaycee Park due to its size and accessibility. It is appropriate to develop this park with facilities that will provide more diverse activities that serve a ■ broader segment of Wichita Falls. It is recommended that a ■ master plan for this park be completed that will provide for future facilities. The proposed improvements of the plan will have economic ' benefits by attracting tourists to Wichita Falls. Of particular tourism value are the gymnasium, Holliday Creek trail, McGrath Creek urban walkway, Softball Complex, and Lake Wichita shoreline developments. By making the city a better place to live it will also encourage the retention of existing businesses and the attraction of new industries. A five-year timetable for implementation is suggested. This needs to be flexible in application due to the variables of matching grant solicitation, local funding, and time required for design and construction. Funding opportunities that arise may influence direction of development. City of Wichita Falls Parks and Recreation Department Five Year Park, Recreation, & Open Space Plan ' September, 2000 1 This Plan was prepared utilizing information from a variety of sources. The sources include citizen attitude and user surveys, the 1983 document Parks, Recreation, and Open Space Element, master ' plans of other cities, the report of the Lake Wichita Study Committee, published park and recreation standards, and recommendations from City staff, Park Board, public hearings, and citizens. The recommendations represent a balance of planning philosophies P P 9P P I based upon equity of service, area standards, intensity of citizen demand, and local resource opportunities. The Plan includes recommendations that consider reasonable funding levels. Implementation is suggested over a five-year period. u f9 f 11 ., /el I 1. Gymnasium $1,30%000 There is no public gymnasium in Wichita Falls. This 309000 ' square foot facility will fill a void in the City's recreation program by permitting greater recreational opportunity with expansion of adult activities including basketball, volleyball, dances, and indoor special events requiring a large, unobstructed open space with a high ceiling. The conventional design would permit two moveable walls to separate the space (1) into three useable areas. Access road, parking spaces, and landscaping will be included. The design would be such that it could easily have additional meeting rooms or other structures attached. The City cost share can likely be matched with a $500,000 grant from Texas Parks & Wildlife Department by their indoor recreation grant program for a total construction cost of $1,80%000. 2. Water resources. $1,2209000 The desire of water features by the public will be significantly ' satisfied by the development of existing and proposed water resources. Benefits include the beauty of open water, enjoyment of wildlife, swimming, boating, and fishing. The Plan proposes to construct activity features along Lake Wichita at Jaycee Park and the dam & spillway area. It is the desire of the Park Board that the level of the lake be maintained ' at the spillway elevation of 976 feet in order to receive the greatest benefit from the lake and facilities. (2) a. Lake Wichita shoreline improvements. $1,120,000 1. The lake bottom will be excavated along the Jaycee Park shoreline and the spillway/boat ramp area. The benefits are: increased open water viewing pleasure, improved fishing, safer boating, and better swimming opportunity. The bottom will be excavated to an appropriate depth and slope. The excavation will extend along 3,000 feet of shoreline for a distance of ' 150 feet out into the lake. The spoil will be deposited nearby in a useful manner creating ornamental berms ' and/or fill for structures. 50% of the excavation will be along Jaycee Park shoreline. 67,000 cubic yards @ $4.75 = $3209000 2. The land adjacent to the new boat ramp will be acquired for the development of a park between the boat ramp and the spillway and Old Lake Road (FM 2380) ($100,000). The land will be developed with landscaping and an ornamental shelter overlooking the lake and spillway ($600,000). A pier will be built 20 feet wide extending 200 feet into the lake. It would be partially covered ($100,000). $800,000. '4 (3) b. Two Park Ponds. $100,000 The locations are Expressway Village and Southern Hills. The ponds will be excavated and edged with concrete edging and a walk similar to the edging around the Lucy Park pond. ......... .: ..................... /l y {.ff f« y f } t 1 I Benches and landscaping will be included. The ponds will be developed to permit urban fishing that is compatible with other pond uses. The excavated spoil will be deposited in the ?s IN!y ? 1 parks to enhance the landscape with ornamental berms. Both ' would be designed to take advantage of local rain runoff. The pond bottoms would be sealed to reduce leakage. (4) c. McGrath Creek Urban Walkway. MaoleMood Dr, Maolerrood Dr, �— n 1 This project is to be part of the McGrath Creek/Faith Village Flood Control Project. It will allow the public to be able to stroll non-stop along the creek from Kemp Street past Sikes Lake to the Wichita Falls Museum at Midwestern Parkway. The improvements adjacent to the private restaurants and other businesses would be funded by them. 3. Holliday Creek Trail. $250,000 ' This would complete the Holliday Creek Trail by connecting Hamilton Park to Scott Street, allowing a non-stop trail system from Lucy Park to Jaycee Park. The construction cost of $1.23 m is only a general estimate and not the result of an engineering estimate. Matching funds for a future TEA-21 trail grant of $1,000,000 would be $250,000. ::;�../.:4'.'•6r;i:;.;s:: :::,,;z:xv:;::.v".::zigii<N;<:::. :.:; .,f:.:. ?h".:,.,.n3.,°tS,i•;�::%-ao;�,s'x-1..,.:'Y/»fi/.s>[...Y/:.:../r-";�':':�i::''•;::::•oj:';5�,;.. 9�;rY •� rc^uy/2;:�:i :�r»',x;�;)%iss//�: �i /': f� srj �'� %s. 4. Improvements in Lucy and Jaycee Parks. $6509000 a. Each park would have a large shelter constructed for use by private groups and public events. The Lucy shelter would be in the central area by the existing restroom. The Jaycee shelter would be by the lake shore and could be designed to double as a theater for concerts with the audience viewing the stage and lake from a gently rising berm. $180,000 for 50 paved parking spaces in each park. The spaces in Lucy will be in front of the highly used disk golf starting area, in front of the swimming pool, and the #1 shelter. The spaces in Jaycee will be in the beach area. $150,000 b. Ten acres of irrigation in each park. $120,000 (6) ' c. Covered roller hockey and activities court in Jaycee Park. This will be similar to the covered shelter in Spudder Park. The lighted facility will provide near year round recreational opportunity without staffing. $200,000 1 ,.nrN lF ... ...:.:.,.. ----- 5. Botanic displays along Holliday Creek Trail (Phase 1). $1509000 a. 30 Display beds of plants with walks and signage. Beds would contain examples of a low water need plant species, ornamental plants and irrigation demonstrations. $150,000. Botanical Exhibits Alonq Trail Sept99 w rt i ' c Rock Displays Arboretum (7) 6. Softball Complex. $1,2509000 a. Construction of the planned second four field softball complex adjacent to the existing softball complex off Sheppard Access Road. Existing City land would be used if ' the floodway designation could be satisfactorily addressed. Adjacent land would be acquired if the floodway land can 1 not be used. The two fields in TESCO Park would be removed. This action will permit all softball games and larger tournaments to occur 1 at one site. It will also reduce maintenance due to a single location of game fields. ' Total $4,820,000 1 1 1 1 I ($) 1 1 Research Sources Supporting The Recommendation 1 1. Citizen surveys. -Five surveys were performed from 1986-1995. 2. Standards suggested by NRPA for parkland. ' 3. Review of selected cities' plans. 4. Park Board recommendations. 5. Demographics. 6. Inventory of parks and medians. 7. Lake Wichita Study, 1994. i ' 1 1 1 1 1 ' PHASING OF IMPROVEMENTS OVER FIVE YEARS PROJECTS PRIORITY COST Gymnasium 1 $1,300,000.00 Holliday CreekTrail 1 $260,000.00 Water Resources 1 $1,120,000.00 a. Lake Wichita Shoreline improvements. Botanic displays along Holliday Creek Trail (Phase 1). 2 $150,000.00 Water Resources 2 $100,000.00 Park Ponds ' Improvements in Lucy and Jaycee Parks. 2 $650,000.00 Softball Complex 2 $1,250,000.00 Water Resources 3 $0.00 b. McGrath Creek Urban Waterway. ' 10 i 1 1 1 PHASING OF IMPROVEMENTS OVER FIVE YEARS r Softball Complex $1,250,000 Gymnasium $1,300,000 (4th year completion) (1st Year completion) i.k XXX i.5 Pik r kt: f rHolliday Creek Trail $250,000 (1 st year Improvements in Lucy completion) and Jaycee Parks i Water Resources (3rd year completion) a. Lake Wichita Shoreline $1,120,000 (2nd year completion) Water Resources Park Ponds $100,000 Botanic display along ' (2nd year Holliday CreekTrail(Phase 1) $150,000 completion) (2nd year completion) r r 11 1 1 JWI-L AS area 1013J0 SN8310 AIIO NI C13A1303H NFv ............. ............. ..........---------- MEN ........... ............- ------------------------ 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, September 19, 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: 3. Presentations: (1) Crime Stoppers (2) Park Board Proposed Five-Year Capital Improvements Plan 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 Amending Resolution No. 43-2000 To Allow An Extension Of A Temporary Rate Increase For Taxicab Services Due To Unusual Gasoline Prices. (City Council Bill #231) 7. Award of Bids: a. Resolution To Award Bid And Contract For The 1999/2000 Budget Utility Improvement Project. (City Council Bill #232) 7. Award of Bids (cont'd): City Council Agenda Tuesday, September 19, 2000 Page 2 b. Award Of Contract For The Purchase Of Fifteen (15) Each Remote Telemetry Units (RTU's) To J & K Communications, Inc., In The Amount Of $27,315.00. 8. Change Orders and Payment Approvals: a. Resolution To Accept The Linear Park From O'Reilly To Williams Park (CDBG) Project And Authorize Final Payment To Duke Construction. (City Council Bill #233) 9. Receive Minutes: a. Traffic Safety Commission — May 3, 2000 b. Clean Community Commission — August 24, 2000 REGULAR AGENDA 10. Public Hearings: a. Public Hearing on the 2000-01 Preliminary Budget. b. Public Hearing For The FY 2000/2001 Transit Grant For Capital, Planning And Operating Assistance For The Wichita Falls Transit System. c. Public Hearing To Receive Public Comment Regarding Program Priorities For The FY 2000 Local Law Enforcement Block Grant. 11 . Ordinances: a. Ordinance Adopting The Annual Budget For The Fiscal Year Beginning October 1, 2000 And Ending September 30, 2001, And Approving Revisions To the 1999-00 Budget. (City Council Bill #234) b. Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And Support Of The Wichita Falls Municipal Government And Providing For The Interest And Sinking Fund For The 2000-01 Fiscal Year. (City Council Bill #235) c. Ordinance To Amend Section 32-20 Of The Code Of Ordinances To Adjust Water Rates For Retail Customers. (City Council Bill #236) 11. Ordinances (cont'd): City Council Agenda Tuesday, September 19, 2000 Page 3 d. Ordinance To Amend Section 15-127 Of The Code Of Ordinances Which Classifies The Number Of Designated Civil Service Positions For The Wichita Falls Fire Department. (City Council Bill #237) e. Ordinance Designating The Cline-Bridwell Mansion, Also Known As The White House, Located At 3100 Hamilton Boulevard As A Wichita Falls Landmark. (City Council Bill #238) f. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health. (City Council Bill #239) g. Ordinance Authorizing The City Manager To Accept The FY 1999 and the FY 2000 Local Law Enforcement Block Grants And To Appropriate $128,540 and $106,490, Respectively, In The Special Revenue Fund. (City Council Bill #240) h. Ordinance Amending Chapter 20 Of The Code Of Ordinances, Entitled Offenses And Miscellaneous Provisions, At Article II, Noise, At Section 20-32, By The Addition Of Subsection (C) With Respect To Noise Vibrations, And By The Addition Of A New Section 20-33, Listing Exemptions To The Ordinance. (City Council Bill #241) i. Ordinance Amending Section 27-29 and 27-30 of the Code of Ordinances Regarding Sidewalks. (City Council Bill #242) j. Ordinance Waiving Mowing Liens, Interest, And Attorney Fees On One Vacant Lot In The Nelson Stone Addition Waiver. (City Council Bill #243) k. Ordinance Repealing Ordinance 68-2000 Previously Passed And Approved By The City Council On The 20t' Day Of June 2000. (City Council Bill #244) I. 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. City Council Agenda Tuesday, September 19, 2000 Page 4 12. Resolutions: a. Resolution Authorizing An Economic Development Incentive Agreement For United Electric Company As Recommended By The Wichita Falls Economic Development Corporation And Approving An Amendment To The Corporation's FY 1999-2000 Budget. (City Council Bill #245) b. Resolution Authorizing Tax Abatement Agreement Among The City Of Wichita Falls, Continental VAV, Inc. And United Electric Company, L.P. (City Council Bill #246) c. Resolution Declaring Nomination Of United Electric Company, L.P. As A Qualified Business Under The Texas Enterprise Zone Act For The Purpose Of Receiving A One- Time State Sales Tax Refund And A One-Time Franchise Tax Refund. (City Council Bill #247) d. Resolution Appointing Habitat For Humanity Of Wichita Falls, Inc. As An Eligible Community Housing Development Organization (CHDO) Under The HOME Investment Partnership Program, And Authorizing A Contract. (City Council Bill #248) e. Resolution to Establish a Value for Sidewalk Escrow in Lieu of Construction. (City Council Bill #249) 13. Award of Bids: a. Resolution To Award Bid In the Amount of $32,084 To Sigma Micro Corporation For A Reverse 911 Telephone System For The Wichita Falls Police Department. (City Council Bill #250) b. Resolution Authorizing The City Manager To Accept A Proposal From Donnie's Body Shop For The Operation Of A Vehicle Storage Facility For The Wichita Falls Police Department. (City Council Bill #251) c. Award Of Contract For The Purchase Of Auditorium Stage Lighting Equipment To Texas Scenic Company, Inc., In The Amount Of $40,470. d. Award Of Bid For The Purchase Of Five (5) Each Bus Shelters From Columbia Equipment Company, Inc., In The Amount Of $13,350. City Council Agenda Tuesday, September 19, 2000 Page 5 14. Other Council Matters: a. Discussion To Consider Calling An Election For the Coliseum Project. b. Discussion Of Items Of Concern To Members Of The City Council. c. Staff/Council Discussion. d. Appointments- (1) Clean Community Commission (2) Library Advisory Board a. Executive Session: (1) Consider Annual Evaluation Of City Council Appointees As Authorized By Section 551 .074 Of The Texas Government Code. 15. 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