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Min 12/05/2000 215 Wichita Falls, Texas Memorial Auditorium Building December 5, 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 James Esther, Jr. - Councilors Bill Altman - Johnny Burns - Harold Hawkins - Jim Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Arthur Bea Williams - Absent Mayor Lueck called the meeting to order. Pastor James Patterson, Floral Heights Assembly of God Church, gave the invocation. Item 3 Mrs. Lana Horner, Library Para-Professional Circulation Manager, was recognized as Employee of the Month for the month of December. Mayor presented Mrs. Horner with a plaque, dinner for two, transit passes, and theater tickets. Item 4 Ruth Hill, 5532 Rhone, said she wanted to share more facts regarding the Missile Rd. and Castle issue. She did not agree that slowing the speed limit on Missile Rd. would cost more lives. We are asking that the speed be reduced for 2/10 to 3/10 of a mile on Missile Rd. She stated that all drivers do not drive responsibly. She mentioned that John Tower School is the largest school in Region IX and that 700 children are enrolled there of whom 243 live in the Missile Road area. She noted that transportation is not provided for these 243 children. In referring to the "Safety Maps", she said she did not believe that there was a safe way for the children to get to school and felt that reducing the speed limit, adding a crosswalk at Castle and Missile Rd., and adding school zone signs would help. Janet Anglin, 519 E. Inwood, was requesting a waiver to extend her porch more than the required footage allowed by the Code. This would alleviate the termite problem and keep her mail from being soaked when it rains. Council directed that this item be placed on the next Council agenda. Item 5 The Minutes were approved as distributed. 216 Items 6a-8a 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 Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 157-2000 RESOLUTION TO ACCEPT THE WEEKS PARK TENNIS COURTS AND HAMILTON PARK TENNIS COURTS PROJECT AND AUTHORIZE FINAL PAYMENT TO ARTHUR CONSTRUCTION CO.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a Bid was awarded to Polydyne, Inc. in the amount of$47,577.47 for the City's annual requirement of Wastewater Polymer and to HCI Advance Chemical in the amount of$3,757.58 for Water Treatment Polymer. Item 8a Minutes of the Commission on Human Needs October 16, 2000 meeting were received. Item 9a A proposed ordinance was presented rezoning 225 Scott Avenue, Lots 15-21, Block 103, Original Townsite, Wichita Falls, Texas from River Development District to Light Industrial Zoning and amending the Comprehensive Plan. Moved by Councilor Altman that proposed ordinance be passed. Motion seconded by Councilor Burns. Baxter Featherston, 4212 Picasso, realtor on this property, and Rick Roller, Titan Towers representative, spoke in favor of this ordinance. Charles Peters, 1614 Willowick, spoke against this ordinance and asked Council to find out to whom this company was going to lease to and what frequency and how much was going to be used. Following discussion, Council was concerned that additional technical information was needed. Moved by Councilor Hawkins to table this item. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None 217 Item 9b ORDINANCE NO. 117-2000 ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $43,664 FOR THE HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS (HOPWA) GRANT 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 Moved by Councilor Shine that Ordinance No. 117-2000 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9c ORDINANCE NO.118 -2000 ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $73,130 FOR THE PREVENTION, COUNSELING, AND PARTNER ELICITATION (PCPE) GRANT 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 Moved by Councilor Altman that Ordinance No. 118-2000 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns and Hawkins Nays: None Item 10a RESOLUTION NO.158-2000 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 CRYOVAC, 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 Shine that Resolution No. 158-2000 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None 218 Item 10b RESOLUTION NO. 159-2000 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE TEXAS WORKFORCE COMMISSION, CHILD CARE, INC. AND THE YMCA TO PROVIDE MATCHING FUNDS FOR CHILD CARE ASSISTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Esther that Resolution No. 159-2000 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns and Hawkins Nays: None Item 10c RESOLUTION NO. 160-2000 RESOLUTION TO RETAIN THE LAW FIRM OF GUINN AND MORRISON TO PERFORM PROFESSIONAL LEGAL SERVICES IN CONNECTION WITH THE 2001 REDISTRICTING PROCESS; 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. 160-2000 be passed. Motion seconded by Councilor Shine. Mayor felt that other firms should be given an opportunity to provide a proposal. City Attorney stated that he made the recommendation based upon past experience with this firm and their proven expertise not only in our City but Statewide. They are very familiar with this area and have their contacts with the Department of Justice. Some Council members felt it would be advantageous for both the City and the County to use the same firm for redistricting purposes. City Attorney stated that if the County hires a different firm, he would bring this item back to Council. Motion carried by the following vote. Ayes: Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: Mayor Lueck Item 10d RESOLUTION NO. 161-2000 RESOLUTION TO APPROVE THE APPLICATION OF THE TEXAS HOUSING FINANCE CORPORATIONS ACT WITHIN THE CITY AND TO ASSIGN AUTHORITY TO THE NORTEX HOUSING FINANCE CORPORATION TO ISSUE SINGLE FAMILY MORTGAGE REVENUE BONDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 161-2000 be passed. Motion seconded by Councilor Altman. Councilor Altman stepped out of Council Chambers. 219 Item 10d continued Councilor Hawkins stated that he would abstain from discussing or taking action on this item because he is a real estate broker and may be called upon by a client for the use of this service. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, and Burns Nays: None Abstain: Councilor Hawkins Councilor Altman returned to Council Chambers. Item 11 Moved by Councilor Hawkins to award bid to the Marta Company in the amount of $50,303.80 for the purchase of the City's estimated annual requirement of meter boxes and lids. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12a Scott Jackson, Shade Tree Nursery, stated that they had not received the credit that the City told them they would get. Mr. George Bonnett informed that Council referred this item to the Water Resources Commission and they have recommended that the Ordinance be modified to specify that nurseries would be exempt from the surcharge. That item will be on the December 19, 2000 Council agenda. Mr. Bonnett informed that the lake levels have risen to over 47% and Staff recommends the Mayor to declare a relaxation of the surcharges to the above 40% level. Mayor declared that the City would be going back to the 50% level restrictions. Mr. Bonnett informed that this action will relax the surcharges and will reinstate the availability of the landscaping 30-day permit, everything else will remain under the same restrictions. He informed that the Water Resources Commission has on their agenda to rewrite the Ordinance, in the event the City does not recover next spring, and will make recommendations to Council. Item 12b Councilor Esther invited everyone to attend tonight's Town Hall Meeting at the MPEC. He asked citizens to voice their opinions and concerns. Let the City know what it needs to do to meet citizens' needs. Councilor Hawkins expressed appreciation to Mr. Bonnett for the water presentation at the Town Hall Meeting held at City View School. Councilor Hawkins invited citizens from District 5 who attended the last Town Hall Meeting but did not have an opportunity to be heard to attend tonight's meeting. He thanked the Parks Department for trimming the tree on the Missile Rd. median. He mentioned the lime green school signs. Mr. Robert Parker informed that the signs were going up this morning. Councilor Shine felt that the District 1 Town Hall Meeting was very successful and stated that the Staff was addressing citizens' concerns. 220 Item 12b continued Councilor Burns echoed Councilor Shine's comments. He wished a speedy recovery to Councilor Williams. Councilor Altman informed that Councilor Williams was at home recuperating from surgery. He mentioned that the District 3 Town Hall Meeting would be held this Thursday at Grace Church and invited citizens to attend. Councilor Altman explained the reason why Council did not respond to the public comments. He stated that the Open Meetings Act prohibits deliberation or action on items that have not been posted 72 hours prior to a meeting. Mayor said he had attended the Town Hall Meetings and stated that Mr. Bonnet had told the citizens that we would not put sewer water in the drinking water and he promised Council that he would not do that. He then reversed his decision. We want to know whether or not we are going to have sewer water put in the City's drinking water. Mr. Bonnett stated that he had been exceedingly consistent in those statements to one that listens carefully and precisely. I will try to be very explicit. At the current time we do not anticipate placing the effluent water into the drinking water supplies. However, if we do receive the certification from the State and there is not sufficient demand in the future from the industrial customers for that water and we need it, my firm recommendation to you would be to utilize that water. That has been the consistent message we have delivered to you. Hopefully, it is heard. Mayor commented that it still remains a decision of the City Council. Item 12c City Manager provided dates and times of the Town Hall Meetings. City Clerk provided election information on last day to register, early voting dates, and mail ballot information. Item 12d(1)and 12d(2) City Council went into Executive Session at 10:12 a.m. as authorized by Section 551.074 of the Texas Government Code and Section 551.071 of the Texas Government Code. City Council reconvened at 10:56 a.m. Items 12e(1)(2)(5)(8)(15)(16) Moved by Councilor Altman to table action on the following boards and commissions: Airport Board of Adjustment Aviation Advisory Board Construction Board of Adjustment Landmark Commission Zoning Board of Adjustment Commission on Highway Transportation Needs Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12e(3) Moved by Councilor Shine to reappoint to the Clean Community Commission Mr. Chris Pruitt, Place 3, Mr. Matt Marrs, Place 7, and Mrs. Clemmie Garrett, Place 9 with terms to expire December 31, 2002 and to appoint Mr. Cliff O'Neal to Place 2, and Mrs. Paula Price to Place 11, with terms to expire December 31, 2002. 221 Item 12e(3) continued Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12e(4) Moved by Councilor Shine to reappoint to the Commission on Human Needs Mrs. Penny Miller, Place 6, Mrs. Rita Vokes, Place 11, and Mrs. Vicki Tanner, Place 16 with terms to expire December 31, 2002 and to appoint Mr. David Coddington to Place 5, with term to expire December 31, 2001, Mr. Keith Cupples to Place 10 with term to expire December 31, 2002, Mr. Kirby Haskins to Place 12 with term to expire December 31, 2002, Mr. Dennis Marquardt to Place 13 with term to expire December 31, 2001, and Mr. Steve Young to Place 15 with term to expire December 31, 2001. Mr. Young will replace Mr. David Westen whom Councilor Hawkins informed has moved out of the City. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12e(6) RESOLUTION NO. 162-2000 RESOLUTION CONFIRMING APPOINTMENT TO THE FIREFIGHTERS AND POLICE OFFICERS CIVIL SERVICE COMMISSION; 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. 162-2000 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Mr. James Harris' term will expire December 31, 2003. Item 12e(7) Moved by Councilor Shine to appoint Kim Henry, Place 5, to the Board of Electrical Examiners with term to expire July 31, 2002. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12e(9) Moved by Councilor Shine to reappoint to the Park Board Mr. Al Norris, Place 2, Mr. Mark Howell, Place 4,Mr. Bob McBee, Place 5, and Mrs. Barbara Green — Place 7 with terms expiring December 31, 2003. 222 Item 12e(9) continued Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12e(10) Moved by Councilor Shine to reappoint to the Planning and Zoning Commission Mr. Danny Richardson, Place 1 and Mrs. Lin Purtle, Place 4 with terms to expire December 31, 2002; and to appoint Mrs. Susan Reeves, Place 6 with term to expire December 31, 2002, Mr. Bill Rowland, Place 8 with term to expire December 31, 2002, and Mr. L.O. Nelson, Place 9 with term to expire December 31, 2001. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12e(11) Moved by Councilor Shine to reappoint to the Tax Increment Finance Board Mr. David White, Place 1 and Mrs. Debra White, Place 2, with terms to expire December 31, 2002, and Mr. Ben Filer, Place 3, with term to expire December 31, 2001. Mr. Filer was also reappointed as Chair of this Board for a one year term. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12e(12) Moved by Councilor Shine to appoint to the Traffic Safety Commission Mr. Forrest Ward Jr., Place 10, with term to expire December 31, 2001. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12e(13) Moved by Councilor Shine to reappoint Mrs. Elizabeth Martin, Place 2 to the Water Resources Commission with term to expire December 31, 2002. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None 223 Item 12e(14) Moved by Councilor Shine to reappoint to the City of Wichita Falls/Wichita County Public Health Board Mrs. Diane Stewart, Place 2 and Dr. Susan Strate, Place 5 with terms to expire December 31, 2002. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Shine, Esther, Altman, Burns, and Hawkins Nays: None City Council adjourned at 11:15 a.m. PASSED AND APPROVED this CI day of ,LPL 2000. L -- JERRY 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, December 5, 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: 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 Weeks Park Tennis Courts and Hamilton Park Tennis Courts Project And Authorize Final Payment To Arthur Construction Co. (City Council Bill #296) 7. Award of Bids: (1) Award Of Bid For The City's Annual Requirement Of Wastewater Polymer To Polydyne, Inc., In The Amount Of $47,577.47 And Water Treatment Polymer To HCI Advance Chemical In The Amount Of $3,757.58. 8. Receive Minutes: City Council Agenda Tuesday, December 5, 2000 Page 2 a. Commission on Human Needs — October 16, 2000 REGULAR AGENDA 9. Ordinances: a. Ordinance Rezoning 225 Scott Avenue From River Development District To Light Industrial Zoning And Amending The Comprehensive Plan. (City Council Bill #297) b. Ordinance Making An Appropriation In The Special Revenue Fund In The Amount Of $43,664 For The Housing Opportunities For People With Aids (HOPWA) Grant Received From The Texas Department Of Health And Authorizing The City Manager To Execute A Contract Accepting Same. (City Council Bill #298) c. Ordinance Making An Appropriation In The Special Revenue Fund In The Amount Of $73,130 For The Prevention, Counseling, and Partner Elicitation (PCPE) Grant Received From The Texas Department Of Health And Authorizing The City Manager To Execute A Contract Accepting Same. (City Council Bill #299) 10. Resolutions: a. Resolution Authorizing Tax Abatement Agreement Between The City Of Wichita Falls And Cryovac, Inc. (City Council Bill #300) b. Resolution Authorizing The City Manager To Execute Contracts With The Texas Workforce Commission, Child Care, Inc. And The YMCA To Provide Matching Funds For Child Care Assistance. (City Council Bill #301) c. Resolution To Retain The Law Firm Of Guinn And Morrison To Perform Professional Legal Services In Connection With The 2001 Redistricting Process. (City Council Bill #302) d. Resolution To Approve The Application Of The Texas Housing Finance Corporations Act Within The City And To Assign Authority To The Nortex Housing Finance Corporation To Issue Single Family Mortgage Revenue Bonds. (City Council Bill #304) City Council Agenda Tuesday, December 5, 2000 Page 3 11. Award of Bids: a. Award Of Bid For The Purchase Of The City's Estimated Annual Requirement Of Meter Boxes And Lids To The Marta Company, In The Amount Of $50,303.80. 12. Other Council Matters: a. Discussion of Ordinance 61-2000 Regarding the Use of Outside Water During Drought Conditions. Possible Action. b. Discussion Of Items Of Concern To Members Of The City Council. c. Staff/Council Discussion. d. Executive Session: (1) Consider Qualifications Of Possible Appointees To The Airport Board of Adjustment; Construction Board of Adjustment; Civil Service Commission; Board of Electrical Examiners; Landmark Commission; Planning & Zoning Commission; TIF Board and Zoning Board of Adjustments As Authorized By Section 551.074 Of The Texas Government Code. (2) Briefing By City Attorney Regarding Status of Bloodworth v. City Of Wichita Falls; As Authorized By Section 551.071 Of The Texas Government Code. e. Appointments to Boards and Commissions (1) Airport Board of Adjustment (2) Aviation Advisory Board (3) Clean Community Commission (4) Commission on Human Needs (5) Construction Board of Adjustment (6) Civil Service Commission. (City Council Bill #303) (7) Board of Electrical Examiners (8) Landmark Commission (9) Park Board (10) Planning & Zoning Commission (11) TIF Board (12) Traffic Safety Commission (13) Water Resources Commission 12.e. Appointments to Boards and Commissions (cont'd) (14) City-County Health Board City Council Agenda Tuesday, December 5, 2000 Page 4 (15) Zoning Board of Adjustments (16) Commission on Highway Transportation Needs 13. 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. 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