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Min 12/19/2000 224 Wichita Falls, Texas Memorial Auditorium Building December 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. Fire Department Chaplain James Mayo gave the invocation. Item 3 Mr. David Clark, Community Development Director, recognized Mr. Brad Scates, Electrical Inspector, as recipient of the Howieson Award. This award is given to electrical inspectors recognized State-wide for being major contributors. Item 4 Jon Moeller, 1528 175h Street, suggested that MPO meetings be publicized on Channel 11. Larry Robinson, 5483 Huntington Lane, stated that he had pointed out to the City's sanitation crew out on Wellington Lane that a couch that had been dumped before it rained and had washed over a man's fence into his tank. He told the crew he did not think the landowner should be responsible for getting it out of the tank since it was there five months before it started raining. Item 5 The minutes were approved as distributed. Items 6a-8d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Shine that the consent agenda be approved. Motion seconded by Councilor Burns and carried by the following vote. 225 Items 6a-8d continued Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 163-2000 RESOLUTION AUTHORIZING AN AGREEMENT WITH HABITAT FOR HUMANITY OF WICHITA FALLS TO FACILITATE THE CONDITIONS FOR THE TRANSFER OF CITY- OWNED PROPERTY AT 906, 916, AND 922 GERALD STREET FOR THE CONSTRUCTION OF NEW HOUSING AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE DEEDS TO TRANSFER TITLE; 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.164-2000 RESOLUTION APPROVING THE TRANSFER OF VARIOUS AGED RECEIVABLE ACCOUNTS TO DORMANT STATUS AS PART OF THE CITY'S FISCAL YEAR END CLOSING PROCESS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6c RESOLUTION NO.165-2000 RESOLUTION TO APPROVE AN AGREEMENT TO CONTRIBUTE FUNDS FOR THE KELL PROJECT FOR THE RELOCATION OF UTILITIES; 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 Hi-Tech Signals, Inc. in the amount of$56,800.00 for the City's annual supply of traffic control equipment. Item 7b Bid was awarded to Eddie Hill's Fun Cycles in the amount of $17,556.00 for the purchase of two police motorcycles. Item7c Bid was awarded to Wichita Falls Ford Auto Center in the amount of$46,393.86 for the purchase of three 4-door sedans. Item 7d Bid was awarded to Heart of Texas Dodge in the amount of$32,296.00 for the purchase of two ton pickups. Item 7e Bid was awarded to Wichita Falls Ford Auto Center in the amount of $55,786.80 for the purchase of three one-ton cab & chassis. Item 7f Bid was awarded to Philpott Motors in the amount of$43,408.00 for the purchase of two passenger vans. 226 Item7g Bid was awarded to Wichita Falls Ford Auto Center in the amount of$38,412.70 for the purchase of one passenger van and one 4-door sedan, and to Heart of Texas Dodge in the amount of$16,148.00 for the purchase of one '/2 ton pickup. Item 7h Bid was awarded to Herb Easley Motors in the amount of$27,401.54 for the purchase of one 3/ton Suburban. Item 7i Bid was awarded to Nunn Electric Supply Company in the amount of$7,453.90, to Kriz- Davis Company in the amount of$1,720.64, to Watson Electric in the amount of$13,942.72, and to Cummings Supply Company in the amount of$51,767.80 for the City's estimated annual requirement of lighting and associated products. Items 8a-8d Minutes of the following board & commission meetings were received. a. Landmark Commission — October 26, 2000 b. Planning and Zoning Commission — November 8, 2000 c. Water Resources Commission — November 28,2000 d. Park Board — December 7, 2000 Item 9a ORDINANCE NO. 119-2000 ORDINANCE WAIVING SECTION 3140(5) OF THE ZONING ORDINANCE, ALLOWING AN ATTACHED PORCH TO ENCROACH INTO THE FRONT 25-FOOT SETBACK FOR LOT 27, BLOCK 2, MORNINGSIDE PARK E, WICHITA FALLS, TEXAS, ALSO KNOWN AS 519 EAST INWOOD; 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. 119-2000 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 9b ORDINANCE NO. 120-2000 ORDINANCE AMENDING SECTION 4 OF ORDINANCE 61-2000 TO EXEMPT PLANT NURSERIES UTILIZING WATER FOR PLANT STOCK PRODUCTION FROM THE WATER CONSERVATION SURCHARGE REQUIREMENTS THAT APPLY DURING DROUGHT CONDITIONS AND AUTHORIZING REFUNDS TO THOSE PREVIOUSLY AFFECTED; 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. 120-2000 be passed. Motion seconded by Councilor Williams. Council expressed concern regarding refunds and charging nurseries a residential rate when water is being used for commercial purposes. 227 Item 9b continued Moved by Councilor Shine to amend the proposed ordinance by deleting Section and the third "Whereas" paragraph. Motion seconded by Councilor Burns. Cody Jackson, Shade Tree Nursery explained his situation and the reason why he chose to pay the higher rate instead of the commercial rate. The various fees and rates were discussed at length, as well as the refund issue. A compromise was reached and it was decided that the refund would be effective from the October billing date forward. Moved by Councilor Altman to amend the amendment by inserting in the last sentence of Section 4 the word "commercial" before the word "nurseries"; deleting the phrase "inception of Ordinance 61-2000" in Section 2 and inserting the phrase "since the October 2000 billing date"; and retaining the third "Whereas" paragraph. Section 4 - last sentence would read as follows: "Water utilized by commercial nurseries for plant stock production shall not be subject to the surcharges specified herein." Section 2 would read as follows: "Because it was not the City Council's intent to include nurseries that use water for plant stock production in the surcharge requirements of Ordinance 61-2000, refunds to these customers are hereby authorized in the amount of surcharges assessed since the October 2000 billing date." Councilor Shine accepted this amendment to his amendment. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins 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 9c 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 Esther that proposed ordinance be passed. Motion seconded by Mayor Lueck. Mr. Clark informed that adjacent property owners were notified and five objected to the rezoning and one was in favor. Baxter Featherston, 4212 Picasso, Realtor, and David Baker, Titan Towers Representative, spoke in favor of this ordinance. Mr. Baker explained the reason for wanting to construct the tower in this specific location. We want a location that is attractive to the maximum number of tenants and that provides the best coverage. Council expressed concern regarding the specific height of the tower and it being in line with S.A.F.B. Runway 1735. Also, the fact that they had not contacted S.A.F.B; and once rezoned there is no limitation and Council has no control on the height of the tower. Mr. Baker informed that the FAA had a limit of 350 feet. 228 Item 9c continued City Manager commented that as the owners of Kickapoo Airport we want to preserve complete freedom to see how we think that tower is going to impact Kickapoo as well as our Airpark north of S.A.F.B. Councilor Altman mentioned that until the whole area is revisited and looked at he has a problem approving a piece meal exception to the concept that was designed to protect the area of development around MPEC and the coliseum. It was noted that they could move their location half a block and would not have to rezone. It was suggested that applicant obtain approval from S.A.F.B. and that this request go back to Planning & Zoning to consider a conditional use permit or some other option. Also, applicant should provide a specific height for the tower. Planning & Zoning should look at the whole River Development District to see if it needs to be modified and see if the District itself and the boundaries still serve the original purpose. Motion failed by the following vote. Ayes: None Nays: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Item 9d ORDINANCE NO. 121-2000 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 7, ARTICLE II, SECTION 7-15 OF THE CODE OF ORDINANCES TO PROVIDE CERTAIN CHANGES IN REGULATIONS FOR THE LICENSING AND BONDING OF CONTRACTORS; 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. 121-2000 be passed. Motion seconded by Councilor Altman. It was noted that Section 1(e) was in consideration of someone who builds their own home once a year. If someone is building a new home more often than once a year or two years, that person is being a contractor. General liability insurance was discussed. Insurance is to make sure that the contractor has adequate insurance to cover accidents. It protects contractor. The bond is a Code assurance so that if there is a Code issue that bond can be called up to accomplish the work. Concern was expressed of limiting individuals who cannot afford the liability insurance requirement. Ed Lane, L & L Foundation Company, 4705 Cypress, spoke against the proposed liability insurance because he did not think it was fair and equitable. His business is strictly residential and not commercial as noted in his policy. He expressed concern as to what is actually required and the increase in cost. Council expressed concern of passing the responsibility to the homeowner if a contractor does not have general liability. It was noted that the bonding requirement in this ordinance is a compliance bond not a performance bond. A compliance bond guarantees that the contractor will meet the minimum codes set up by this City such as building, electrical, etc. Rich Shirey, Building Official stated that the liability insurance was needed to cover any negligence on the contractor's part to protect the property/home owner. Bond requirement for residential and light commercial originally was $100,000 and we felt that was excessive. We 229 Item 9d continued $300,000. The reason for the increase is that the liability insurance falls in increments of $100,000 not $50,000. Also, another reason is that in the near future we want to set up a testing standard for contractors coming into our City, requiring them to take a residential contractors exam and a commercial contractors exam to be licensed in the City. Steve Deal, 1508 Andrea, insurance and bond agent, spoke in favor of this ordinance, and provided cost information. He stated that the Surety Company is charged with the responsibility of investigating the contractor, of pre-qualifying the contractor. The higher the bond the higher quality contractor you get. Councilor Burns expressed concern that we are putting the burden of cost on the small contractors. The insurance cost is the same for both small and large contractors, therefore, the large contractor has an advantage over the small contractor. Councilor Hawkins stated that we have no classification for handyman. Mr. Clark noted that a handyman may not be in a position to need a permit. If you are going to change structural walls or are going to do electrical or plumbing work you need a permit, but not to fix a door or a window. David Brock, 1819 Hines, spoke against the proposed ordinance. He did not feel he needed general liability to protect himself against himself. He wanted to be able to work on his own property without having to acquire general liability. He would still need to meet Code. Moved by Councilor Altman to amend proposed resolution Section 1(e) by adding to the last sentence the following phrase: "unless the permit is issued on the same residence". Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Moved by Councilor Williams that Section 1(h) be deleted. Motion seconded by Councilor Hawkins. Councilor Shine explained that this addressed commercial use, which affects the general public and not residential repairs. Additional discussion on Section 1(h) ensued. Councilor Williams withdrew her motion to amend. Councilor Altman asked if Section 1(h) conflicts with the provisions under this amendment where we have Residential/Commercial Remodel/Renovation Under $50,000 and we are requiring a $25,000 bond, but a general contractor has a $100,000 bond. Mr. Shirey explained that one reason Section 1(h) was put in there was in anticipation of the testing. There will be two tests required - one for residential and one for general contractor. Once we go to the testing, unless they are already licensed, in order to be able to do commercial work they will have to take the exam for commercial contractor. Councilor Hawkins suggested using the same requirement in Section 1(h) as in Section 1(e). Councilor Shine stated that if you own your own residence you can work on it but if you have rent property you cannot work on that because it is commercial since you will be affecting the public with it. All this says is that you cannot take out a permit for a commercial piece of property unless you abide by this ordinance. I think we should leave it as it is and let staff come back later with modified language. Councilor Hawkins felt that this proposed ordinance was not helping the small contractor. Larry Robinson, 5483 Huntington Lane, suggested letting the contractor decide how much liability insurance they need. 230 Item 9d continued Moved by Mayor Lueck to delete Section 1(h). Motion seconded by Councilor Hawkins and failed by the following vote. Ayes: Mayor Lueck, Councilors Esther and Hawkins Nays: Councilors Williams, Shine, Altman, and Burns Main motion as amended carried by the following vote Ayes: Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: Mayor Lueck Staff was instructed to modify the language in Section 1(h). Item 9e A proposed ordinance was presented amending Chapter 2, Art. IV. Div. 5 of the Code of Ordinances. Moved by Councilor Altman that proposed ordinance be passed. Motion seconded by Councilor Williams. Councilor Altman was concerned that the language did not specify the beginning and ending of the terms and whether they were staggered, nor the term of the chair and the vice chair and when they were appointed, etc. Moved by Councilor Altman to table this item. 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 9f ORDINANCE NO. 122-2000 ORDINANCE MAKING AN APPROPRIATION IN THE HOTEL/MOTEL FUND IN THE AMOUNT OF $6,000 FOR FINANCIAL SUPPORT OF THE 2001 WELCOMING RECEPTION FOR THE NATO AIR FORCE CHIEFS AT SHEPPARD AIR FORCE BASE; 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. 122-2000 be passed. Motion seconded by Councilor Williams. Moved by Councilor Altman to amend proposed ordinance by appropriating $7,000 instead of$6,000. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. 231 Item 9f continued Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 9 ORDINANCE NO. 123-2000 ORDINANCE MAKING APPROPRIATIONS IN THE VARIOUS FUNDS AS PART OF THE 1999-00 FISCAL YEAR END CLOSING PROCESS; 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. 123-2000 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 City Council recessed for lunch at 12:00 p.m. and reconvened at 1:02 p.m. Item 9h ORDINANCE NO. 124-2000 ORDINANCE APPROPRIATING FUNDING FROM THE FEDERAL TRANSIT ADMINISTRATION AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE WICHITA FALLS TRANSIT SYSTEM; 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. 124-2000 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 9i ORDINANCE NO. 125-2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING EXHIBIT A TO ORDINANCE NO. 1,05-2000 TO REPLACE CERTAIN ELECTION OFFICIALS; 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. 125-2000 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 232 Item 9j ORDINANCE NO. 126-2000 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING APPENDIX C OF THE ZONING ORDINANCE AT SECTION 6465, ENTITLED "AIRPORT BOARD OF ADJUSTMENT," TO PROVIDE FOR APPOINTMENT OF MEMBERS TO THE BOARD BY THE CITY COUNCIL; PROVIDING FOR INCLUSION IN THE CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 126-2000 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 9k ORDINANCE NO.127 -2000 ORDINANCE AMENDING CHAPTER 7, ENTITLED "BUILDINGS," AT SECTION 7-15, SUBSECTION (6), CONCERNING SECTION 108.2.2, TERMS OF OFFICE OF THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS; PROVIDING FOR INCLUSION IN THE CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 127-2000 be passed. Motion seconded by Councilor Shine. Moved by Councilor Altman to amend proposed ordinance by amending Section 1 to reflect three-year terms instead of two-year terms. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins 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 91 ORDINANCE NO. 128-2000 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND IN THE AMOUNT OF $1,097,632 FOR PURPOSES OF ENERGY SAVING IMPROVEMENTS TO VARIOUS CITY FACILITIES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CARRIER CORPORATION; 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. 128-2000 be passed. 233 Item 91 continued 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 10a RESOLUTION NO. 166-2000 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 THE NEW TRADE WINDS MOTOR HOTEL (SALSON INVESTMENT TEXAS, INC.), 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 AND USE TAX REFUND, AS AUTHORIZED BY SECTION 151.431, TEXAS TAX CODE (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 Esther that Resolution No. 166-2000 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 10b RESOLUTION NO. 167-2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AUTHORIZING THE CITY MANAGER TO SELL THE TWO LOTS FACING SEVENTH STREET AND ADJACENT TO THE LITTLEST SKYSCRAPER FOR THE ENHANCED DEVELOPMENT OF THE LITTLEST SKYSCRAPER; 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.167-2000 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 10c RESOLUTION NO. 168-2000 RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION OF PROPERTY FOR THE PROPOSED EXPANSION OF THE CITY OF WICHITA FALLS LANDFILL AND AUTHORIZING PURCHASE OR CONDEMNATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 234 Item 10c continued Moved by Councilor Williams that Resolution No. 168-2000 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 10d RESOLUTION NO. 169-2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING RESOLUTION NO. 171-90, AS AMENDED BY RESOLUTION 86-99, CONCERNING APPOINTMENTS TO THE AIRPORT ADVISORY BOARD; 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. 169-2000 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: Mayor Lueck Item 10e RESOLUTION NO. 170-2000 RESOLUTION TO ACCEPT SUPPLEMENTAL ENVIRONMENTAL PROJECT MONIES THROUGH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TO FUND A PORTION OF MATERIALS FOR A 30-INCH TRANSMISSION PIPELINE FOR BENEFICIAL WASTEWATER REUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 170-2000 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 10f RESOLUTION NO. 171-2000 RESOLUTION AUTHORIZING AN APPLICATION WAIVER FOR THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT AND DESIGNATING WICHITA COUNTY AS THE RECIPIENT OF THE ALLOCATED AMOUNT OF $44,127;FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 171-2000 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins 235 Item 10f continued Nays: None Item 10 RESOLUTION NO. 172-2000 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR TWELFTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE IN THE AMOUNT OF $526,284; 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. 172-2000 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 10h RESOLUTION NO. 173-2000 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SOFTWARE LICENSE AGREEMENT WITH EPIXTECH FOR THE WICHITA FALLS PUBLIC LIBRARY; 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. 173-2000 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 11 a RESOLUTION NO.174-2000 RESOLUTION TO AWARD BID AND CONTRACT FOR THE STONE LAKE DRIVE RECONSTRUCTION PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Burns stepped out of Council Chambers. Moved by Councilor Williams that Resolution No.174-2000 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Hawkins Nays: None 236 Item 11 b RESOLUTION NO. 175-2000 RESOLUTION TO AWARD BID AND CONTRACT FOR THE LINEAR PARK FROM EASTSIDE DRIVE TO EAST SCOTT AVENUE PROJECT (CDBG); 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. 175-2000 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Hawkins Nays: None Councilor Burns returned to Council Chambers. Item 11c Moved by Councilor Altman to award bid to Village Ford in the amount of$307,320.00 for the purchase of fifteen police patrol vehicles. Motion seconded by Councilor Williams. Jose Posos, new owner of the Wichita Falls Ford Center, asked Council for reconsideration of the bid approval. The dealership has had the contract for eight years and we are within 1.5% of the bid that was accepted and within 2% on the five pickup trucks and within 4% on the 3/4 Ton pickup. We would like some consideration on those bids that are within 3% of the lowest bid. He informed that Village Ford had the State Contract and were able to sell their vehicles cheaper because they can own them cheaper. City Attorney informed that the law requires that findings must be placed in writing before the City can elect to award bid to someone other than low bidder assuming it comes within the 3% threshold. It only applies to cities under 100,000 population. Bid must be best combination of contract price and additional economical development opportunities for the local government created by contract award including the employment of local government residents and increased tax revenues to local government. Moved by Councilor Altman to award bid to Wichita Falls Ford Auto Center in the amount of$311,803.20 for 15 police patrol vehicles. Motion was based on the fact that this dealership has 75 employees and the economic benefit that this dealership will bring to this community. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 11 d Moved by Councilor Williams to award bid to Wichita Falls Ford Auto Center in the amount of$89,162.25 for the purchase of five %ton pickups and to Philpott Motors in the amount of$20,251.00 for the purchase of one %ton 4X4 pickup. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 237 Item 11 e Moved by Councilor Altman to award bid to Xpedx in the amount of $75,000.00 for the purchase of a color offset press. 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 12a Councilor Williams expressed appreciation to be back. She wished everyone a Merry Christmas. Councilor Shine welcomed Councilor Williams back and wished everyone a Merry Christmas and a Happy New Year. Councilor Burns wished everyone happy holidays. Councilor Altman wished everyone a Merry Christmas and a Happy New Year. He looks forward to having a good year with positive attitudes. Mayor wished everyone a Merry Christmas. Item 12b City Clerk provided voter registration and election information. City Manager thanked the Staff for attending the town hall meetings and for their assistance. He wished the Council and the citizens on behalf of the Staff very happy holidays. Item 12c(1) & (2) City Council went into Executive Session as authorized by Section 551.074 and Section 551.072 of the Texas Government Code at 2:30 p.m. City Council reconvened at 3:05 p.m. Item 12d(1) Moved by Councilor Shine to reappoint to the Airport Board of Adjustment, Mr. Stephen Scarlott, Place 3, with term to expire December 31, 2002. Term expirations for the following were changed in order to comply with the Ordinance: Mr. Ken Birch, Place 1 and Mr. Rick Boone, Place 2, terms to expire December 31, 2002; Mr. Preston Giles, Place 4 and Mr. David Mitchell, Place 5, terms to expire December 31, 2001. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None Item 12d(2) Moved by Councilor Shine to reappoint to the Construction Board of Adjustment Mr. Randall Poteet, Place 1, Mr. Louis Lane, Place 2, Mr. Brian Walser, Place 5, Mr. John 238 Item 12d(2) continued Ferguson, Place 6, Mr. Bill Rowland, Place 8, with terms to expire December 31, 2002, and Mr. Phillip Ringman, Place 9, with term to expire December 31, 2001; and to appoint Mr. Garland Martin, Place 7, with term to expire 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 Item 12d(3) Moved by Councilor Shine to reappoint to the Landmark Commission Mrs. Andi Holland, Place 8, and Mrs. Loraine Blackwood, Place 9, with terms to expire December 31, 2003 and to appoint Mr. Ken Dowdy, Place 2, with term to expire December 31, 2002. Term expiration was changed for Mr. Dick Bundy to December 31, 2003 in order to comply with the Ordinance. 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 12d 4 Moved by Councilor Shine to reappoint to the Zoning Board of Adjustment Mr. Rainer Hanold, Place 1, Mr. Michael Norrie, Place 6, Alternate 1, Mr. Les Seipel, Place 7, Alternate 2, and Mrs. Willa Burgess, Place 9, Alternate 4, with terms to expire December 31, 2002; and to appoint Mr. Thomas Cross, Place 10, Alternate 3 with term to expire December 31, 2002. Mr. John Key, Place 2 was appointed Chair for one year. Term expiration for Mr. Key was changed to December 31, 2002 in order to comply with the Ordinance. 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 12d(5 Moved by Councilor Shine to reappoint to the Aviation Advisory Board Mr. Wayne Richey, Place 6, with term to expire December 31, 2003. Term expirations were changed to December 31, 2003 for the following in order to comply with the Resolution: Mr. Vernon Nesmith, Place 4 and Mr. James Morrison, Place 5. In accordance with Resolution 169-2000, Place 8 will be a S.A.F.B appointment with no expiration date. 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 12d 6) Moved by Councilor Shine to appoint Mrs. Penny Miller, Place 6, as Chair to the Commission on Human Needs. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins Nays: None 239 Item 12d(7) No action was taken on this item. Item 13 The City Council adjourned at 3:15 p.m. PASSED AND APPROVED this Qday of 200YA 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 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: The Reverend Willie Johnson Pastor, Wesley United Methodist Church 3. Presentations: 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 Authorizing An Agreement With Habitat For Humanity Of Wichita Falls To Facilitate The Conditions For The Transfer Of City-Owned Property At 909, 916, and 922 Gerald For The Construction of New Housing And To Authorize The City Manager To Execute The Deeds To Transfer Title. (City Council Bill #305) (1) Resolutions (cont'd): City Council Agenda Tuesday, December 19, 2000 Page 2 a. Resolution Approving The Transfer Of Various Aged Receivable Accounts To Dormant Status As Part Of The City's Fiscal Year End Closing Process. (City Council Bill #306) b. Resolution To Approve Agreement to Contribute Funds For The Relocation Of Utilities For The Kell Freeway Project. (City Council Bill #307) 7. Award of Bids: a. Award Of Bid For The City's Annual Supply Of Traffic Control Equipment To Hi-Tech Signals, Inc., In The Amount Of $56,800.00. b. Award Of Bid For The Purchase Of Two (2) Each Police Motorcycles To Eddie Hill's Fun Cycles In The Amount Of $17,556.00. c. Award Of Bid For The Purchase Of Three (3) Each 4-Door Sedans To Wichita Falls Ford Auto Center, In The Amount Of $46,393.86. d. Award Of Bid For The Purchase Of Two (2) Each '/2 Ton Pickups To Heart Of Texas Dodge, In The Amount Of $32,296.00. e. Award Of Bid For The Purchase Of Three (3) Each One-Ton Cab & Chassis To Wichita Falls Ford Auto Center, In The Amount Of $55,786.80. f. Award Of Bid For The Purchase Of Two (2) Each Passenger Vans To Philpott Motors In The Amount Of $43,408.00. g. Award Of Bid For The Purchase Of One (1) Passenger Van And One (1) 4-Door Sedan To Wichita Falls Ford Auto Center In The Amount Of $38,412.70; And For The Purchase Of One (1) '/2 Ton Pickup To Heart Of Texas Dodge In The Amount Of $16,148.00. h. Award Of Bid For The Purchase Of One (1) Each 3/4 ton Suburban To Herb Easley Motors, In The Amount Of $27,401 .54. City Council Agenda Tuesday, December 19, 2000 Page 3 7. Award of Bids (cont'd): i. Award Of Bids For The City's Estimated Annual Requirement Of Lighting And Associated Products To Nunn Electric Supply Company In The Amount Of $7,453.90, Kriz- Davis Company In The Amount Of $1 ,720.64; Watson Electric In The Amount Of $13,942.72 And Cummins Supply Company In The Amount Of $51 ,767.80. 8. Receive Minutes: a. Landmark Commission — October 26, 2000 b. Planning & Zoning Commission — November 8, 2000 c. Water Resources Commission —November 28, 2000 d. Park Board — December 7, 2000 REGULAR AGENDA 9. Ordinances: a. Ordinance Waiving Section 3140(5) Of The Zoning Ordinance, Allowing An Attached Porch To Encroach Into The Front 25-Foot Setback For Lot 27, Block 2, Morningside Park E, Wichita Falls, Texas, Also Known As 519 East Inwood. (City Council Bill #308) b. Ordinance Amending Section 4 Of Ordinance 61-2000 To Exempt Plant Nurseries Utilizing Water For Plant Stock Production From The Water Conservation Surcharge Requirements That Apply During Drought Conditions And Authorizing Refunds To Those Previously Affected. (City Council Bill #309) c. Ordinance Rezoning 225 Scott Avenue From River Development District To Light Industrial Zoning And Amending The Comprehensive Plan. (City Council Bill #310) d. Ordinance Amending Chapter 7, Article II, Section 7-15 Of The Code Of Ordinances To Provide Certain Changes In Regulations For The Licensing And Bonding Of Contractors. (City Council Bill #311) 9. Ordinances (cont'd): City Council Agenda Tuesday, December 19, 2000 Page 4 e. Ordinance Amending Chapter 2, Art. IV Div. 5 Of The Code Of Ordinances Regarding Landmarks. (City Council Bill #312) f. Ordinance Making An Appropriation In The Hotel/Motel Fund In The Amount Of $6,000 For Financial Support Of The 2001 Welcoming Reception For The NATO Air Force Chiefs At Sheppard Air Force Base. (City Council Bill #313) g. Ordinance Making Appropriations In Various Funds As Part Of The 1999-00 Fiscal Year End Closing Process. (City Council Bill #314) h. Ordinance Appropriating Funding From The Federal Transit Administration And Texas Department Of Transportation For Operating, Programs And Expenditures Associated With The Wichita Falls Transit System. (City Council Bill #315) i. Ordinance Amending Exhibit A To Ordinance No. 105-2000 To Replace Several Of The Election Officers. (City Council Bill #316) j. Ordinance Amending Appendix C Of The Zoning Ordinance At Section 6465, Entitled "Airport Board Of Adjustment," To Provide For Appointment By City Council. (City Council Bill #317) k. Ordinance Amending Chapter 7, Entitled "Buildings," At Section 7-15, Subsection (6), Concerning Section 108.2.2, Terms Of Office Of The Construction Board Of Adjustment And Appeals. (City Council Bill #318) I. Ordinance Making An Appropriation In The General Fund In The Amount Of $1 ,097,632 For Purposes Of Energy Saving Improvements To Various City Facilities And Authorizing The City Manager To Execute A Contract With Carrier Corporation. (City Council Bill #319) 10. Resolutions: a. Resolution Nominating The New Trade Winds Motor Hotel As A "Qualified Business Enterprise" For The Purpose Of Applying To Receive A One-Time State Sales and Use Tax Refund. (City Council Bill #320) 10. Resolutions (cont'd): City Council Agenda Tuesday, December 19, 2000 Page 5 b. Resolution Authorizing The City Manager To Sell To The Wichita County Heritage Society Two Parcels Of Property Adjacent To The Littlest Skyscraper Fronting Seventh Street To Enhance The Development Of The Littlest Skyscraper. (City Council Bill #321) c. Resolution Determining The Necessity For Acquisition Of Property For The Proposed Expansion Of The City Of Wichita Falls Landfill And Authorizing Purchase Or Condemnation. (City Council Bill #322) d. Resolution Amending Resolution 171-90, As Amended, Concerning Appointments To The Aviation Advisory Board. (City Council Bill #323) e. Resolution To Accept Supplemental Environmental Project Monies Through The Texas Natural Resource Conservation Commission To Fund A Portion Of Materials For A 30-Inch Transmission Pipeline For Beneficial Wastewater Reuse. (City Council Bill #324) f. Resolution Authorizing An Application Waiver For The Juvenile Accountability Incentive Block Grant And Designating Wichita County As The Recipient Of The Allocated Amount Of $44,127. (City Council Bill #325) g. Resolution Authorizing The City Manager To Apply For Twelfth Year Funding Of The North Texas Regional Drug Enforcement Task Force In The Amount Of $526,284. (City Council Bill #326) h. Resolution Authorizing The City Manager To Execute A Software License Agreement With Epixtech For The Wichita Falls Public Library. (City Council Bill #327) 11. Award of Bids: a. Resolution To Award Bid And Contract For Stone Lake Drive Reconstruction Project. (City Council Bill #328) b. Resolution To Award Bid And Contract For The Linear Park From Eastside Drive To East Scott Avenue Project (CDBG). (City Council Bill #329) 11 . Award of Bids (cont'd): City Council Agenda Tuesday, December 19, 2000 Page 6 c. Award Of Bid For The Purchase Of Fifteen (15) Police Patrol Vehicles To Village Ford In The Amount Of $307,320.00. d. Award Of Bid For The Purchase Of Five (5) 3/ Ton Pickups To Heart Of Texas Dodge In The Amount Of $87,680.00; And To Philpott Motors For The Purchase Of One (1) % Ton 4X4 Pickup, In The Amount Of $20,251 .00. e. Award Of Bid For The Purchase Of A Color Offset Press To Xpedx In The Amount Of $75.000.00. 12. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: (1) Consider Qualifications Of Possible Appointees To Airport Board of Adjustment; Construction Board of Adjustment; Landmark Commission and Zoning Board of Adjustment As Authorized By Section 551 .074 Of The Texas Government Code. (2) Deliberate The Exchange Of Real Property With The Wichita Falls I.S.D. For A Proposed Public Safety Training Center And Discuss Relative Appraised Values Thereof As Authorized By Section 551 .072 Of The Texas Government Code. d. Appointments to Boards and Commissions (1) Airport Board of Adjustment (2) Construction Board of Adjustment (3) Landmark Commission (4) Zoning Board of Adjustment (5) Aviation Advisory Board (6) Chair, Commission on Human Needs (7) Commission on Highway Transportation Needs 13. Adjourn. City Council Agenda Tuesday, December 19, 2000 Page 7 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