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Min 11/07/2000 198 Wichita Falls, Texas Memorial Auditorium Building November 7, 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 - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Lueck called the meeting to order. Reverend Scott Van Bibber, First Church of the Nazarene, gave the invocation. Item 3 Mrs. Jane Frie, Account Clerk II, Finance Department, was recognized as Employee of the Month for the month of November. Mayor presented Mrs. Frie with a plaque, dinner for two, and theater passes. Mr. Dave Clark informed that the Urban Homestead Program was established five years ago. Homes are offered around the community for $1 and the real cost is in the cost of the rehabilitation. After five years when the work is completed and the home is occupied the urban homesteader is given clear title to the property. He introduced Mrs. Elizabeth Jackson who is the first urban homesteader to receive clear title to her property under this program. In recognition of receiving clear title, the Mayor tore up Ms. Jackson's lien. She expressed appreciation to the City for this program that has enabled her to own property. Mayor proclaimed the month of November 2000 as "Veteran's Month" in Wichita Falls. Representatives from Post 8878 accepted the proclamation and informed that this was the Korean War Veterans' 50th Anniversary and asked that they be remembered in prayer. Mayor proclaimed the month of November 2000 as "National Home Health Care Month" in Wichita Falls. Mrs. Ann Popejoy accepted the proclamation on behalf of home health care facilities in Wichita Falls. Mayor proclaimed November 19-26, 2000 as "National Bible Awareness Week" in Wichita Falls. Mrs. Jan Stricklin introduced Dr. Joyce Snay, Texas Municipal Clerks Association, Inc. and Texas Municipal Clerks Certification Program Executive Director. Dr. Snay made a presentation to City Clerk Lydia Torres. Dr. Snay provided the criteria for the Texas Municipal Clerk's Certification Program and the time involved in being certified and re-certified. Dr. Snay mentioned the various municipal clerk organizations in which Ms. Torres is involved and her participation in the Certification Program. On behalf of the Texas Municipal Clerk's Association, Inc. and Texas Municipal Clerk's Certification Program, Dr. Snay presented Ms. Torres with a $500 scholarship to be used toward her recertification as a Texas Registered Municipal Clerk. 199 Item 3 continued Ms. Torres expressed appreciation to Dr. Snay and the Texas Municipal Clerk's Association, Inc. for the scholarship. She also thanked the Council for allowing her the opportunity to participate in this dynamic program. Item 4 Cody Jackson, Shade Tree Nursery, requested relief on the water restrictions at their nursery. He said that the Nursery had received a surcharge on their commercial business. Councilor Hawkins informed that the problem is that he is in a special classification. His meter is used for irrigation purposes and our Ordinance requires that there be a surcharge on an irrigation meter. His irrigation meter is different from the residential meters because his is more of a commercial meter than a residential irrigation meter. We did not differentiate between a commercial meter and a residential irrigation meter. Councilor Hawkins said he would request a report from the Staff and that it be put on as an agenda item. Ruth and Randy Hill, parents of Rochelle Finley who was a victim of a bicycle/vehicle accident at the intersection Missile Road and Castle Rd., requested that Council consider reducing the speed limit or setting a school zone with signs in that area. Helen and Tony Findley, grandparents expressed the same concern. Councilor Hawkins mentioned that a meeting would be held this Saturday to address children's safety. Item 5 The Minutes were approved as distributed. Items 6a-7e 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 Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 144-2000 RESOLUTION TO ACCEPT THE 2000 STREET RESURFACING PROJECT AND AUTHORIZE FINAL PAYMENT TO FREEMAN CONSTRUCTION CO.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7e Minutes of the following Board and Commission meetings were received. a. Wichita Falls Economic Development Corporation —August 24, 2000 b. Water Resources Commission — September 27, 2000 & October 16, 2000 c. Planning & Zoning Commission — October 11, 2000 d. Clean Community Commission — October 12, 2000 e. Wichita Falls-Wichita County Public Health Board —August 25, 2000 200 Item 8a ORDINANCE NO. 108-2000 ORDINANCE REZONING EIGHT (8) ACRES OUT OF THE H. & G. N. R. R. CO., SURVEY NO. 39, ABSTRACT 16, FROM SINGLE FAMILY-2 (SF-2) TO MULTI- FAMILY RESIDENTIAL (MFR) ZONING AND AMENDING THE LAND USE PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No.108-2000 be passed. Motion seconded by Councilor Altman. The following persons spoke against the rezoning stating their main concerns as traffic congestion, children's safety, and property devaluation. Jennifer Ward, 5523 Lucky Lane Melissa & Bryan Whitefell, 5514 Lucky Lane Bryan Kelly, 13 N. Park Drive Brad Brinsow, #4 N. Park Drive James Vanzant, 5503 Rhone Leonard Key, 5508 Lucky Lane Phillip & Linda Faulkner, 5513 Rhone Mr. David Rhone, 6002 Van Dorn, applicant and developer, presented his plan in detail and answered questions. Conrad Staley, Architect, and Nathan Brown, North Texas Rental Association, spoke in favor of this rezoning. After a lengthy discussion, Councilor Altman called for the question. Motion carried by the following vote. Ayes: Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: Mayor Lueck Item 8b ORDINANCE NO. 109-2000 ORDINANCE APPROPRIATING $26,558 FROM GENERAL FUND EQUITY TO ACCOUNT NO. 100-8710-72170, FOR SETTLEMENT PAYMENT OF ATTORNEYS' FEES AND COURT COSTS; 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. 109-2000 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 City Council recessed at 10:32 a.m. and reconvened at 10:50 a.m. 201 Item 8c ORDINANCE NO. 110-2000 ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Hawkins stepped out of Council Chambers. Moved by Councilor Williams that Ordinance No. 110-2000 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Burns Nays: None Item 8d ORDINANCE NO.111-2000 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Hawkins returned to Council Chambers. Moved by Councilor Burns that Ordinance No. 111-2000 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 8e A proposed ordinance was presented amending Ordinance 105-2000 at Section 7 concerning the wording of the ballot in the January 20, 2001 Special Election. Moved by Councilor Williams that proposed ordinance be passed. Motion seconded by Councilor Hawkins. Max Yancey, #3 Karen Court, and David Brock, 1819 Hines, spoke in favor of the proposed ordinance. Motion failed by the following vote. Ayes: Mayor Lueck and Councilor Hawkins Nays: Councilors Williams, Shine, Esther, Altman, and Burns 202 Item 9a RESOLUTION NO. 145-2000 RESOLUTION AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT FOR BLUE CROSS BLUE SHIELD OF TEXAS TO EXPAND OPERATIONS IN WICHITA FALLS AS RECOMMENDED BY THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION AND APPROVING AN AMENDMENT TO THE CORPORATION'S FY 2000-2001 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. 145-2000 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 9b RESOLUTION NO. 146-2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URS GREINER WOODWARD CLYDE FOR CERTAIN STUDIES AT THE KICKAPOO DOWNTOWN AIRPARK; 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. 146-2000 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 Item 9c RESOLUTION NO. 147-2000 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING SERVICES AGREEMENT WITH THE TEXAS ENGINEERING EXPERIMENT STATION TO PROVIDE TECHNICAL ASSISTANCE RELATING TO THE PROPOSED ENERGY PERFORMANCE CONTRACT WITH CARRIER CORPORATION; 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. 147-2000 be passed. Motion seconded by Councilor Williams. Moved by Councilor Altman to amend Section 2 by inserting a not to exceed amount of $6,000. Section 2 would read as follows: "Said Agreement shall be for an amount not to exceed $6,000." Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins 203 Item 9c continued Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9d RESOLUTION NO. 148-2000 RESOLUTION APPROVING THE LETTERS OF AGREEMENT AND THE MEMORANDUMS OF AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE DEPARTMENT OF THE ARMY FOR HYDROGRAPHIC SURVEYS OF LAKE ARROWHEAD AND LAKE KICKAPOO; 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. 148-2000 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 Item 9e RESOLUTION NO. 149-2000 RESOLUTION TO APPROVE THE CONTRACT WITH WILLIS, GRAVES AND ASSOCIATES, INC. FOR WATER AND SEWER COST OF SERVICE AND RATE STUDY; 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. 149-2000 be passed. Motion seconded by Councilor Williams. Mr. George Bonnett presented Phase I of the rate study and suggested that Council obtain input from the ratepayers on this issue. He informed that under Phase 2 a rate structure would be proposed to Council. Mr. Scott Taylor gave an overview of the various water projects and their cost. Mr. Jim Dockery provided the time line for financing. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9f RESOLUTION NO.150-2000 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A CITY/COUNTY MULTI-PURPOSE EVENTS CENTER AGREEMENT WITH WICHITA COUNTY, WHICH SUPERSEDES A PRIOR AGREEMENT DATED SEPTEMBER 15, 1992; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 204 Item 9f continued Moved by Councilor Altman that Resolution No. 150-2000 be passed. Motion seconded by Councilor Williams. City Manager outlined the terms of the Agreement. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10a Mayor brought up the National League of Cities membership dues and suggested that we not pay the dues. Council consensus was to remain members of this organization because of the invaluable legislative information and lobbying support that they provide to the cities. Councilor Hawkins asked about the status of the fire stations that had been closed. City Manager informed that a final decision had not been made at this point on what was going to be done with them. Councilor Hawkins asked that trees and shrubs be looked at for trimming purposes in the Missile Road area. He mentioned that a meeting would be held next Saturday with neighborhood, City, and school representatives to discuss ways to protect our children more. Mayor mentioned that trimming of trees and shrubs needed to be checked throughout the City. Councilor Hawkins requested that Mr. Jackson's request for surcharge relief for Shade Tree Nursery be placed on the agenda. Councilor Hawkins expressed condolences to the family of Rochelle Finley. Councilor Williams thanked everyone who participated in the Clean Community cleanup on October 28. She asked that Mrs. Stricklin provide the final results of this cleanup effort which was very successful. She thanked WalMart for their participation in providing prices. Councilor Esther suggested scheduling the Planning & Zoning Commission meetings later in the evening for better public participation. He encouraged everyone to get out and vote. Item 10b City Manager provided the dates for the District Staff meetings to discuss City issues with the residents. The dates are as follows: November 22, 2000 or December 12, 2000, November 28 and 30, 2000, and December 5 and 7, 2000. All meetings will be held at 6:30 p.m. with location to be determined later. City Manager informed that the "Falls Focus" would be mailed out tomorrow. City Manager mentioned that a water plan paper has been prepared and will be mailed out to each water customer. City Manager provided information on the water cut-off notice and informed that Staff is currently looking into that process. City Manager informed that the FAA sent back to the regional group a restudy request in regards to the Kickapoo Airport lighting and fencing situation. Mrs. Jan Stricklin introduced Mr. Jerry Vandiver, Public Communications Officer. Mr. George Bonnett informed that routes have been added for automated collection. Mr. Ron Smith displayed the map with the additional routes. 205 Item 10c Moved by Councilor Shine to appoint the following persons to the Clean Community Commission. Rebecca Hawkins, Place 6, term expires December 31, 2001 Don Johnston, Place 8, term expires December 31, 2001 Tommy Gates, Place 12, term expires December 31, 2002 Gregory Hall, Place 13, term expires December 31, 2002 Jeanne Place, Place 14, term expires December 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 City Council adjourned at 12:40 p.m. PASSED AND APPROVED this day of , 2000. J RY LUECK MAYOR ATTEST: Lydia Torres City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, November 7, 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 Scott Van Bibber First Church of the Nazarene 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 The 2000 Street Resurfacing Project And Authorize Final Payment to Freeman Construction Company. (City Council Bill #272) 7. Receive Minutes: a. Wichita Falls Economic Development Corporation - August 24, 2000 City Council Agenda Tuesday, November 7, 2000 Page 2 7. Receive Minutes (cont'd): b. Water Resources Commission - September 27, 2000 - October 16, 2000 a. Planning & Zoning Commission — October 11, 2000 b. Clean Community Commission — October 12, 2000 c. Wichita Falls — Wichita County Public Health Board - August 25, 2000 REGULAR AGENDA 8. Ordinances: a. Ordinance Rezoning Eight (8) Acres Out Of The H. & G. N. R. R. Co., Survey No. 39, Abstract 16, From Single Family-2 To Multi-Family Residential Zoning And Amending The Land Use Plan. (City Council Bill #273) b. Ordinance Appropriating $26,558 From General Fund Equity For Settlement Payment Of Attorneys' Fees And Court Costs. (City Council Bill #274) c. Ordinance Making An Appropriation Of $21,500 In The Special Revenue Fund For Additional Grant Revenue Received From The Texas Health And Human Services Commission And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #275) d. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health And Authorizing The City Manager To Execute A Contract Accepting Same. (City Council Bill #276) 9. Resolutions: a. Resolution Authorizing An Economic Development Incentive Agreement For Blue Cross Blue Shield Of Texas To Expand Operations In Wichita Falls As Recommended By The Wichita Falls Economic Development Corporation And Approving An Amendment To The Corporation's FY 2000- 2001 Budget. (City Council Bill #277) 9. Resolutions (cont'd): City Council Agenda Tuesday, November 7, 2000 Page 3 b. Resolution Authorizing The City Manager To Execute A Contract With URS Greiner, Woodward, Clyde For Certain Studies At Kickapoo Downtown Airpark. (City Council Bill #278) c. Resolution Authorizing The City Manager To Execute A Consulting Services Agreement With The Texas Engineering Experiment Station To Provide Technical Assistance Relating To The Proposed Energy Performance Contract With Carrier Corporation. (City Council Bill #279) d. Resolution Approving The Lake Arrowhead And Lake Kickapoo Hydrographic Survey, Letters Of Agreement, And Memorandums Of Agreement With The Department Of The Army. (City Council Bill #280) e. Resolution To Approve The Contract With Willis, Graves & Associates, Inc. For The Water And Sewer Cost Of Service And Rate Study. (City Council Bill #281) f. Resolution Authorizing The Mayor To Execute A City/County Multi-Purpose Events Center Agreement With Wichita County, Which Supersedes A Prior Agreement Dated September 15, 1992. (City Council Bill #282) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Appointments - Clean Community Commission 11 . Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the 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. City Council Agenda Tuesday, November 7, 2000 Page 4 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 ADDENDUM TO 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, November 7, 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 ADDENDUM TO REGULAR AGENDA 8.e. Ordinance Amending Ordinance 105-2000 At Section 7 Concerning The Wording Of The Ballot Utilized In The January 20, 2001 Special Election. (City Council Bill #283) Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp 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 Addendum to the 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