Min 02/06/2001 254
Wichita Falls, Texas
Memorial Auditorium Building
February 6, 2001
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 Tem
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 Amy Lakey, Gilbert Memorial CME Church, gave the invocation.
Item 3
Mr. Michael Watts, Wastewater Treatment Plant, was recognized as Employee of the
Month for the month of February. Mayor presented Mr. Watts with a plaque, dinner for two, and
theater passes.
Item 4
Charles Taylor, 4908 Greenbriar, referred to the water rate increase and asked that
Council provide some assistance to elderly people who are on a fixed social security income.
Larry Robinson, 5483 Huntington Lane, referred to Lake Ringold and suggested that
Council ask surrounding cities to cooperate in paying for Lake Ringold since they are or could
be benefiting from the City's water supply.
David Brock, 1819 Hines, was concerned about the editorial in Sunday's paper and
today's headlines regarding the Mayor. He felt the City needed some unity. He urged citizens
to accept MPEC Coliseum vote and the election of the Mayor and to move forward with the
plans at hand to construct the MPEC coliseum among other things. He said that if anyone
wants to do anything about the Mayor they should wait until his term is up.
Derek Knowles, 5310 Longleaf, stated that the citizens had voted the Mayor in and he
has not broken any rules. He did not like the idea of impeachment and was tired of hearing
about negative issues against the Mayor. We need to work with him and let him do his job.
Item 5
The Minutes were approved as distributed.
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Items 6a-8d
City Manager gave a briefing on the items listed under the Consent Agenda.
Councilor Altman requested that the November 14, 2000 Board of Adjustment minutes
be moved down. They need to be corrected.
Moved by Councilor Shine that the consent agenda be approved with the exception of
the November 14, 2000 Board of Adjustment minutes.
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 6a
RESOLUTION NO. 6-2001
RESOLUTION APPROVING A SECOND GENERATION NON-ANNEXATION
AGREEMENT WITH EQUILON PIPELINE COMPANY, L.L.C., GUARANTEEING
ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS
BEGINNING JANUARY 1, 2001; 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. 7-2001
RESOLUTION DECLARING THE FOLLOWING PROPERTIES AS EXCESS
REAL PROPERTY AND DIRECTING THE PROPERTIES TO BE SOLD BY
SEALED BIDS; 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 Pitts Ready Mix in the amount of $126,900.00 for the
purchase of the City's estimated annual requirement ready mix concrete and flowable fill.
Item 7b
Bid was awarded to Mote, Inc. in the amount of $8,345.00, to Davis Construction
Company in the amount of $8,315.00, and to Wichita Waste Management in the amount
of $2,500.00 for the demolition of various hazardous structures
Items 8a-8d
Minutes of the following board & commission meetings were received.
a. Board of Adjustment - January 17, 2001
b. Landmark Commission — November 30, 2000 & January 18, 2001
c. Board of Electrical Examiners —January 11, 2001
d. Planning & Zoning Commission — January 10, 2001
Item 8a
Councilor Altman stated that the Board of Adjustment minutes dated November 14, 2000
were in error and need to be corrected. He noted that the minutes reflect a vote on a
256
Item 8a continued
motion and subsequent to that a vote on an amendment to a motion which is an improper
procedural aspect. They are not shown being adopted by Planning & Zoning nor signed by the
Chair. A motion was voted on which was not properly recorded and could be challenged.
The November 14, 2000 Board of Adjustment minutes were not received.
Item 9a
ORDINANCE NO. 10-2001
ORDINANCE ABANDONING AND VACATING A 25-FOOT BY 150-FOOT
SECTION OF A 25-FOOT BY 375-FOOT WIDE UTILITY EASEMENT LOCATED
AT 401 NORTH SCOTT, ALSO KNOWN AS LOT 9-A, BLOCK 77, ORIGINAL
TOWNSITE, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS;
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.10 -2001 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
A proposed ordinance was presented amending Appendix C, Zoning Ordinance,
of the Code of Ordinances regarding communications towers, antennas and structures,
and adopting regulations therein.
No action was taken on this item.
Item 9c
ORDINANCE NO. 11-2001
AN ORDINANCE OF THE CITY COUNCIL OF WICHITA FALLS, TEXAS;
AMENDING THE CODE OF ORDINANCES AT CHAPTER 18, ARTICLE VIII,
SECTIONS 108 THROUGH 114, "PUBLIC WATER RELATED ACTIVITIES";
PROVIDING A REPEALER CLAUSE; PROVIDING FOR THE INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; 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. 11-2001 be passed.
Motion seconded by Councilor Burns.
Council expressed concern that the phrase "semi-public" was stricken from the
ordinance but remained in the heading.
Murray Sallis, Tradewinds Motor Hotel, wanted to make certain the Health Department
was aware of the expense and difficulties this would place on commercial pool operators and
that they will use some degree of reasonableness and work with them in helping them to come
into compliance.
Councilor Hawkins expressed concern with the language in the ordinance.
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Item 9c continued
Moved by Councilor Hawkins to amend proposed ordinance by striking the phrase "semi-
public" from the heading.
Motion seconded by Councilor Shine 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, and Burns
Nays: Councilor Hawkins
Item 9d
ORDINANCE NO. 12-2001
ORDINANCE TO AMEND SECTION 32-20 OF THE CODE OF ORDINANCES
TO ADJUST TREATED 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 Williams that Ordinance No. 12-2001 be passed.
Motion seconded by Councilor Altman.
David Brock, 1819 Hines, asked that consideration be given to the low and fixed income
citizens to offset this increase. Council informed Mr. Brock that they have addressed that in the
proposal.
Charles Taylor, 4908 Greenbriar, asked for more communication between the Council
and the citizens.
Council invited Mr. Taylor and all citizens to give suggestions on how to improve
communications between the Council and the public. Council informed that all means are being
employed to ascertain that City information is made available to the public.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns and Hawkins
Nays: None
Item 9e
ORDINANCE NO. 13-2001
ORDINANCE TO AMEND SECTION 32-57 OF THE CODE OF ORDINANCES
TO ADJUST SEWER 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 Burns that Ordinance No. 13-2001 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
258
Item 9f
ORDINANCE NO. 14-2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY TO
100-8710-72170 IN THE AMOUNT OF $100,000; 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. 14-2001 be passed.
Motion seconded by Councilor Esther.
Derek Knowles, 5310 Longleaf, stated that if there had been better communication in the
City, Council would not be voting on this appropriation today.
Councilors Esther and Burns stepped out of Council Chambers.
Larry Robinson, 5483 Huntington Lane, expressed concern on the number of lawsuits
filed against the City. He was informed that the City has no control over the number of lawsuits
filed against the City. Mr. Robinson stated that our City Government is not user friendly.
Councilor Altman took exception to his comments and reminded Mr. Robinson that
everything the City does is a public record with some exceptions set by law. The City provides
what the citizen asks for but if you do not tell us what you want we do not know. We cannot read
your mind.
It was noted that Mr. Robinson's comments were not on the issue at hand.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Altman, and Hawkins
Nays: None
Item 10a
RESOLUTION NO. 8-2001
RESOLUTION AUTHORIZING THE EXECUTION OF CERTIFICATES
EXPRESSING OFFICIAL INTENT TO USE BOND PROCEEDS TO REIMBURSE
COSTS OF PROJECTS; 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. 8-2001 be passed.
Motion seconded by Councilor Hawkins and carried by the following vote.
Councilors Esther and Burns returned to Council Chambers.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns and Hawkins
Nays: None
Item 10b
RESOLUTION NO. 9-2001
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH COBRA OIL AND GAS CORPORATION FOR LEASE OF
REAL PROPERTY AT THE WICHITA FALLS MUNICIPAL AIRPORT; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
259
Item 10b continued
Moved by Councilor Hawkins that Resolution No. 9-2001 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 10c
RESOLUTION NO. 10-2001
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, WAIVING ORIGINAL JURISDICTION OVER THE COMPLAINT OF
TXDOT AGAINST TXU ELECTRIC COMPANY, 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. 10-2001 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 a
Councilor Esther stated that there is a move to make our Council look bad and he asked
for unification and harmony. He mentioned that the Council has offered the Mayor assistance
and that offer still stands. Just because we disagree on issues does not mean we disrespect
him. Do not allow our City to be destroyed through disruption; we have a lot more to do. The
Mayor has an obligation to let the public know that we are offering him help. We are not his
enemy. We need to go forward and put this foolishness behind us.
Councilor Hawkins asked about the pedestrian signs for missile Road. Mr. Robert
Parker informed that they have been scheduled.
Councilor Hawkins requested an update on the Overhead Project. Mr. Robert Parker
furnished an update.
Councilor Williams stated that she had been excoriated in the public "Letters to the
Editor" and she has not uttered a word unless there was a statement that was an outright lie. I
think it is important to let the people I represent know what the truth is. By the same token it is
important to let the people I represent know when I have been accused of something I consider
not only unethical but immoral and illegal. They need to know that I have been accused of taking
money for votes and that is not so. I won't be coming to the public on a regular basis. They can
say what they want to about me as a public servant and I will continue to be the best public
servant I can be. We have offered and I have done everything I can to let the Mayor know we
will support him. Disagreement does not mean that you are not doing anything to support
anybody. When we vote on opposite sides of an issue I consider that a vote on that agenda
item; it is not a comment on that man as a public person or as a private person. I will not be a
party to anything that personally insults him and affects him. The same people who elected me
elected him and he has the right to his disagreement on items that are of interest to this City.
We all should be reminded that our work should be as public servants and what affects me
affects everybody in this City and visa versa. I will do what I can to represent this City. When I
find that there is something to disagree about I will disagree without being disagreeable.
Disagreeing on an agenda item should not be considered a personal attack. I am not doing that
and I do not know of anybody that is doing that. The thing that bothers me is being accused of
legal wrongdoing and that is not so.
260
Item 11 a continued
Councilor Shine felt that the City is doing fine and mentioned that this is a great place to
live. He asked for a report on future City beautification plans. Mr. Jack Murphy provided that
report.
Councilor Burns stated that there is nothing that is going to stop the progress of this
community and I have worked to do what is best for this community. He stated that the Council
wants what is best for this City. He assured the citizens that the job of the people is being taken
care of and he did not want the citizens to be concerned that the Council is distracted from doing
the job at hand. The other stuff can distract you but it is not distracting us.
Councilor Altman asked about changing the lights in traffic signals to LEDs for cost
savings. Mr. Robert Parker informed that it is in the works.
Councilor Altman informed the citizens about the various ways the City is attempting to
disseminate information to the citizens and asked for citizen input on ways to improve
dissemination. Councilor Altman suggested looking at getting consultant's reports on CD and
posting them on the City's website and having additional hard copies in the Library. He
explained the law on open records requests and the reasons for the waiting time in providing the
information.
Mayor stated that there was an attack on him by Carroll Wilson, Editor of the newspaper.
He sells papers and the more dissatisfaction he can make the more papers he is going to sell.
I think our whole City Council should buy stock shares in the paper, we would have made
money.
Item 11 b(1)
Mr. Steve Seese presented a report on the U.S. 281 Corridor Proposal. The proposal is
to extend the 281 Trunk System from San Antonio to Wichita Falls, via Stephenville.
County Judge Gossom reported on the 281 Trunk System and its importance to this
area.
Jon Moeller suggested running the 281 Corridor Proposal video on the City Channel.
City Manager informed that the video is set to run next week.
Arnold Oliver reported on the actual situation of the 281 Trunk System.
Councilor Shine noted that Mr. Seese is going to rework the Commission on
Transportation Needs.
Item 11 b(2)
Earlier Staff provided reports on the Overhead Project and on City beautification.
Item 11 c
City Council went into Executive Session at 10:55 a.m. as authorized by Section 551,074
of the Texas Government Code.
City Council reconvened at 11:00 a.m.
Item 11 d
Mayor appointed Mr. Ronnie London to the Wichita Falls Housing Authority, Place 3, with
term to expire July 31, 2001. Mr. London will be filling Mrs. Gail Cunningham's unexpired term.
Council concurred with this appointment.
261
City Council adjourned at 11:01 a.m.
PASSED AND APPROVED this day of �, , 2001.
RRY 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,
February 6, 2001 , 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 Amy Lakey
Gilbert Memorial CME Church
3. Presentations: Employee of the Month
4. Comments From The Public To Members Of The City Council
On Items That Are Not On The City Council Agenda. (The Regular
Agenda will begin upon completion of public comments, or no later than 9:00 a.m.
Individuals who prior to this Council meeting signed up to speak, but could not be
heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the
meeting.)
5. Approval of Minutes
CONSENT AGENDA
6. Resolutions:
a. Resolution Approving A Second Generation Non-Annexation
Agreement With Equilon Pipeline Company, L.L.C.,
Guaranteeing Its Immunity From Annexation For A Period Of
Seven Years Beginning January 1 , 2001 . (City Council Bill
#15)
b. Resolution Declaring The Following Properties As Excess
Real Property And Directing The Properties To Be Sold By
Sealed Bids. (City Council Bill #16)
City Council Agenda
Tuesday, February 6, 2001
Page 2
7. Award of Bids:
a. Award Of Bid For The Purchase Of The City's Estimated
Annual Requirement Ready Mix Concrete And Flowable Fill
To Pitts Ready Mix, In The Amount Of $126,900.00.
b. Award Of Bid For Demolition Of Various Hazardous
Structures To Mote, Inc. In The Amount Of $8,345.00, Davis
Construction Company In The Amount Of $8,315.00, And
Wichita Waste Management In The Amount Of $2,500.00.
8. Receive Minutes:
a. Board of Adjustment
- November 14, 2000
- January 17, 2001
b. Landmark Commission
- November 30, 2000
- January 18, 2001
c. Board of Electrical Examiners — January 11 , 2001
d. Planning & Zoning Commission — January 10, 2001
REGULAR AGENDA
9. Ordinances:
a. Ordinance Closing, Abandoning And Vacating A 25-Foot By
150-Foot Section Of A 25-Foot By 375-Foot Wide Utility
Easement Located At 401 North Scott Avenue, Also Known
As Lot 9-A, Block 77, Original Town. (City Council Bill #17)
b. Ordinance Amending Appendix C, Zoning Ordinance, Of
The Code Of Ordinances Regarding Communications
Towers, Antennas And Structures, And Adopting
Regulations Therein. (City Council Bill #18)
c. Ordinance Amending The Code Of Ordinances At Chapter
18, Article VIII, Sections 108 Through 114, "Public And
Semipublic Water Related Activities. (City Council Bill #19)
d. Ordinance To Amend Section 32-20 Of The Code Of
Ordinances To Adjust Water Rates For Retail Customers.
(City Council Bill #20)
9. Ordinances (cont'd):
City Council Agenda
Tuesday, February 6, 2001
Page 3
e. Ordinance To Amend Section 32-57 Of The Code Of
Ordinances To Adjust Sewer Rates For Retail Customers.
(City Council Bill #21)
f. Ordinance Making An Appropriation From General Fund
Equity To 100-8710-72170 In The Amount Of $100,000.
(City Council Bill #22)
10. Resolutions:
a. Resolution Authorizing The Execution Of Certificates
Expressing Official Intent To Use Bond Proceeds To
Reimburse Costs Of Projects. (City Council Bill #23)
b. Resolution Authorizing Lease Agreement With Cobra Oil
and Gas Corporation For Lease Of Real Property At The
Wichita Falls Municipal Airport. (City Council Bill #24)
c. Resolution Waiving Original Jurisdiction Over The Complaint
Of TxDot Against TXU Electric Company. (City Council Bill
#25)
11. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
(1) Report on U.S. 281 Corridor Proposal
(2) Other
a. Executive Session:
(1) Consider Qualifications Of Possible Appointees To
The Wichita Falls Housing Authority As Authorized By
Section 551.074 Of The Texas Government Code.
a. Appointment to Housing Authority.
12. Adjourn.
City Council Agenda
Tuesday, February 6, 2001
Page 4
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