Min 02/20/2001 262
Wichita Falls, Texas
Memorial Auditorium Building
February 20, 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 -
James Berzina - City Manager
Greg Humbach - City Attorney
Lydia Torres - City Clerk
Mayor Lueck called the meeting to order.
Reverend Terry Perkins, Grant Street United Methodist Church, gave the invocation.
Item 3
Mayor proclaimed Tuesday, March 6, 2001 as "Taste of the Town" in Wichita Falls. Mr.
Jack Mezzo and Mrs. Lydia Gauweiller accepted the proclamation and invited everyone to
attend this event.
Item 4
Mike Tangy, SBA, Inc., Austin, requested a waiver on the moratorium set by the
Council against telecommunication towers as it pertains to their project at 2914 Old Jacksboro
Highway. He requested that their application be considered based on the following facts. SBA,
Inc. made every effort to obtain zoning approval on this project. If SBA, Inc. had not been
instructed by the zoning staff that FAA approval was a requirement before issuance of a
building permit we would have filed for it upon notification that a conditional use permit was not
required. Our particular site meets and exceeds provisions of the old ordinance. This site is
located in the most favorable zoning district for this use. I think that, with the exception of the
landscaping requirements of the new ordinance, which we will be more than happy to
incorporate into our design, our project is also in compliance with the new standards. Basically,
I am asking for some credit for the conscientious selection of our property, the design of our site
and our efforts to work with the City's planning staff. He mentioned that since the moratorium
they had polled the legal and planning departments and there was conflicting information as to
whether FAA approval was really required. Ultimately, the planning staff gave us a
determination that FAA approval is not a requirement for the issuance of a building permit. We
received correspondence from two different parties who told us it was a requirement and in fact
it was not.
Mr. Dave Clark informed that the proposed communication tower ordinance would be
presented at the next Council meeting.
Council directed that if the ordinance was not on the next Council agenda that a waiver
be placed on the agenda for Council's consideration.
263
Item 5
The minutes were approved as distributed.
Items 6a-8f
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. 11-2001
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, DECLARING THE CITY OF WICHITA FALLS' ELIGIBILITY AND
INTENTION TO PARTICIPATE IN THE TEXAS TAX ABATEMENT PROGRAM
TO PROMOTE DEVELOPMENT/REDEVELOPMENT; 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. 12-2001
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH THE WICHITA FALLS YMCA FOR USE OF
ELEVEN BALLFIELDS IN KIWANIS AND JAYCEE PARKS FOR 2001; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 6c
RESOLUTION NO. 13-2001
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH THE TEX MEX BASEBALL LEAGUE FOR USE
OF BALLFIELDS IN SPUDDER AND WILLIAMS PARKS IN 2001; 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 Bruckner's Mack Sales in the amount of$143,706.00 for the
purchase of two 52,000 GVW trucks with a 14 cubic yard dump body.
Item 7b
Bid was awarded to Bruckner's Mack Sales in the amount of $149,658.00 for the
purchase of two 52,000 GVW truck tractors.
Item 8a-8f
Minutes of the following commission meetings were received.
a. Wichita Falls Economic Development Corporation — October 27, 2000 and
November 10, 2000
b. Traffic Safety Commission — January 3, 2001
c. Library Advisory Board — January 23, 2001
264
Item 8a-8f continued
d. Park Board — January 25, 2001
e. Commission on Human Needs — January 18, 2001
f. Clean Community Commission —January 23, 2001
Item 9a
ORDINANCE NO. 15-2001
ORDINANCE AUTHORIZING A BUDGET TRANSFER OF $38,000 FROM THE
COMMUNITY DEVELOPMENT DEPARTMENT TO THE PARKS
DEPARTMENT FOR A CITY OPERATED MOWING PROGRAM AND
AMENDING THE 2000-01 BUDGET ACCORDINGLY; 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. 15-2001 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
ORDINANCE NO. 16-2001
ORDINANCE MAKING AN APPROPRIATION IN THE AMOUNT OF $4,999 TO
THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE
RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND
AUTHORIZING THE CITY MANAGER TO ACCEPT 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 Hawkins that Ordinance No. 16-2001 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 9c
ORDINANCE NO. 17-2001
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS
CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD MAY 5,
2001, NAMING POLLING PLACES, AND 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 Williams that Ordinance No. 17-2001 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
265
Councilor Shine stepped out of Council Chambers.
Item 9d
ORDINANCE NO. 18-2001
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF
WICHITA FALLS, TEXAS, GENERAL OBLIGATION CONSTRUCTION AND
REFUNDING BONDS, SERIES 2001; APPROVING AND AUTHORIZING AN
OFFICIAL STATEMENT AND THE DISTRIBUTION THEREOF, A BOND
PURCHASE AGREEMENT, AND A PAYING AGENT/REGISTRAR
AGREEMENT; APPROVING AND AUTHORIZING ALL OTHER INSTRUMENTS
AND PROCEDURES RELATED THERETO; DECLARING AN EMERGENCY;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE
Moved by Councilor Altman that Ordinance No. 18-2001 be passed.
Motion seconded by Councilor Williams.
Murphy Davis Sentry Management, inancial Advisor for the City, introduced
p Y Y g Inc.,� Y�
Southwest Securities Underwriters Mr. Richard Litton and Mr. Ken Smith. Mr. Murphy provided
a summary of this issuance, a copy of which is attached hereto as Exhibit A.
Mr. Murphy mentioned that because interest rates were so low it was economically
feasible to refund the outstanding bonds remaining from the 1992 MPEC bond issue that had
not been refunded yet. He informed that by combining the $3.2 million outstanding bonds,
refunding them, and paying them off we were able to cover all of the financing costs associated
with the issuance and sale of these bonds. The City will be receiving a full $7 million instead of
a minus $7 million because we were able to save enough on the 1992 issue. This will be a 20
year issuance at 4.88% rate of return and the City will save $1.6 million over the time of this
issue.
Councilor Altman clarified that on the issuance of the new $7 million in bonds, the City is
going to save about $80,000 per year over what we anticipated last July. By refinancing the
$3.2 million in outstanding bonds we are going to save approximately $24,000 per year in
payments on that series. So between the refinancing and the new issuance we are going to be
saving a little over $100,000 per year in payments that we anticipated as late as last July.
City Manager mentioned that the 1992 issuance is being paid by the West Texas
Utilities Fund. If we can lower those payments by $24,000/year by refinancing, that will be a
definite plus for that fund. He noted that the new $7million new issuance is going to be paid
from three sources: TIF ($105,000 per year), West Texas Utilities ($195,000 per year), and
hotel-motel will pay $315,000. We will be able to lower the amount of money taken from hotel-
motel by about $84,000 a year which provides an additional safeguard that you have enough
money to pay the bonds and operate the facility. We have a better deal than what we thought
we had on January 20.
Councilor Williams wanted to let the citizens know that they were not talking about
property tax money being used to pay this back.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins
Nays: None
Item 9e
ORDINANCE NO. 19-2001
ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND AND
AUTHORIZING PAYMENT OF $10,331 TO TXU CITIES STANDING
STEERING COMMITTEE FOR CONTINUED PARTICIPATION WITH SUCH
COMMITTEE; FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
i
266
Item 9e continued
Councilor Shine returned to Council Chambers.
Councilor Burns stepped out of Council Chambers.
Moved by Councilor Altman that Ordinance No. 19-2001 be passed.
Motion seconded by Councilor Hawkins and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Hawkins
Nays: None
Item 10a
RESOLUTION NO. 14-2001
RESOLUTION AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE
AGREEMENT WITH ABB CONTROLS 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
Councilor Burns returned to Council Chambers.
Moved by Councilor Williams that Resolution No. 14-2001 be passed.
Motion seconded by Councilor Hawkins.
Mr. Robert Powers mentioned that Staff was working on a tax abatement agreement
which will be presented at the next Council meeting. He explained that if this $133,500
incentive warranted a change it would be brought back to Council. He informed that this
expansion would create 27 new jobs
Mr. Pat Hogan, ABB Controls President, and Mr. Ron Mertens, Board of Commerce &
Industry, presented information on the expansion.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, Burns, and Hawkins
Nays: None
Item 10b
RESOLUTION NO. 15-2001
RESOLUTION AUTHORIZING AN EXPENDITURE BY THE POLICE
DEPARTMENT FROM THE SEIZED FUNDS ACCOUNT FOR THE
ADDITIONAL HARDWARE NECESSARY TO COMPLETE INSTALLATION OF
THE REVERSE 911 COMMUNICATIONS SYSTEM; 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. 15-2001 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
267
Item 11 a
Moved by Councilor Altman to authorize the purchase of seating for the Municipal
Airport through the Cooperative Purchasing Program from Grammer Design Seating Inc., in the
amount of$33,210.00, GSA contract#GS 28F 2136 D.
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 11 b
Moved by Councilor Hawkins to award bid to Bruckner's Mack Sales in the amount of
$226,257.00 for the purchase of three 58,000 GVW cab & chassis.
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
Mayor suggested that a worksession be scheduled between the Council and the Water
Resources Commission in order to set up new water restrictions. Mr. David Lehfeldt informed
that the Water Resources Commission is currently looking into water regulation improvements.
Mayor asked the City Manager to schedule a worksession.
Councilor Hawkins agreed that it was a good idea to put in water conservation methods.
We need to continue to save water where we can. He thanked the Traffic Safety Commission
for looking at the situation in the Missile Road area. He mentioned that kids are still crossing at
Castle Road and asked that the school be contacted so they can remind the children of the
crossing hazards in that area.
Councilor Williams asked that the Legal Department look into the possibility of asking
citizens to add to their water bill in a voluntary effort to offset costs for low income citizens. She
suggested having it administered by some nonprofit organization such as Interfaith Ministries or
Faith Mission. She suggested maybe rounding off their bill to the dollar.
Councilor Shine mentioned that filing had begun and stated that citizens should take this
seriously.
Councilor Burns asked for a report on the lake levels. Mr. Lehfeldt informed that Lake
Arrowhead was at 61.1 and Lake Kickapoo was at 67.5 for a total of 63%.
Councilor Altman agreed that a worksession with the Water Resources Commission
was in order, however, he suggested that it be deferred until the Commission has had time to
meet at least twice. They have quite a lot of information they need to review and they need to
narrow down their ideas. Councilor Esther, liaison to the Water Resources Commission, was in
agreement with Councilor Altman.
Item 12b
City Manager informed that Falls Fest provided a check in the amount of$9,241.00 from
last year's event.
City Manager mentioned that he had received a proposed contract for the extension of
the Municipal Airfield and suggested that the Council subcommittee begin meeting again. He
will contact the three Council members on that subcommittee and will distribute the necessary
documents.
268
Item 12b continued
City Manager mentioned that Council had received a letter from the Mayor of Henrietta
on how to resolve the water issue between Henrietta and Wichita Falls.
The City Council adjourned at 9:55 a.m.
PASSED AND APPROVED this day of rJl,, 2001.
J RR'7—LU-EtK-
MAYOR
ATTEST:
Lydia Torres
City Clerk
1
1
1
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 20, 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 Terry Perkins
Grant Street 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 Declaring The City Of Wichita Falls' Eligibility
And Intention To Participate In The Texas Tax Abatement
Program To Promote Development/Redevelopment. (City
Council Bill #26)
b. Resolution Authorizing The City Manager To Execute A
License Agreement With The Wichita Falls YMCA For Use
Of Eleven Ballfields In Kiwanis And Jaycee Parks For 2001 .
(City Council Bill #27)
6. Resolutions (cont'd):
City Council Agenda
Tuesday, February 20, 2001
Page 2
c. Resolution Authorizing The City Manager To Execute A
License Agreement With The Tex Mex Baseball League For
Use Of Two Ballfields In Spudder And Williams Parks In
2001 . (City Council Bill #28)
7. Award of Bids:
a. Award Of Bid For The Purchase Of Two (2) Each 52,000
GVW Trucks With 14 Cubic Yard Dump Body, To Bruckner's
Mack Sales, In The Amount Of $143,706.00.
b. Award Of Bid For The Purchase Of Two (2) Each 52,000
GVW Truck Tractor To Bruckner's Mack Sales, In The
Amount Of $149,658.00.
8. Receive Minutes:
a. Wichita Falls Economic Development Corporation
- October 27, 2000
- November 10, 2000
b. Traffic Safety Commission — January 3, 2001
c. Library Advisory Board — January 23, 2001
d. Park Board — January 25, 2001
e. Commission on Human Needs — January 18, 2001
f. Clean Community Commission — January 23, 2001
REGULAR AGENDA
9. Ordinances:
a. Ordinance Authorizing A Budget Transfer Of $38,000 From
The Community Development Department To The Parks
Department For A City Operated Mowing Program And
Amending The 2000-01 Budget Accordingly. (City Council
Bill #29)
City Council Agenda
Tuesday, February 20, 2001
Page 3
9. Ordinances (cont'd):
b. Ordinance Making An Appropriation In The Amount Of
$4,999 To The Special Revenue Fund For Additional Grant
Revenue Received From The Texas Department Of Health
And Authorizing The City Manager To Accept Same. (City
Council Bill #30)
c. Ordinance Of The City Council Of The City Of Wichita Falls
Calling For A General Municipal Election To Be Held May 5,
2001 , Naming Polling Places, And Election Officials. (City
Council Bill #31)
d. Ordinance Authorizing The Issuance, Sale And Delivery Of
City Of Wichita Falls, Texas, General Obligation
Construction And Refunding Bonds, Series 2001 . (City
Council Bill #32)
e. Ordinance Making An Appropriation in the General Fund
And Authorizing Payment Of $10,331 To TXU Cities
Standing Steering Committee For Continued Participation
With Such Committee. (City Council Bill #33)
10. Resolutions:
a. Resolution Authorizing An Economic Development Incentive
Agreement With ABB Controls As Recommended By The
Wichita Falls Economic Development Corporation And
Approving An Amendment To The Corporation's FY 2000-
2001 Budget. (City Council Bill #34)
b. Resolution Authorizing An Expenditure By The Police
Department From The Seized Funds Account For The
Additional Hardware Necessary To Complete Installation Of
The Reverse 911 Communications System. (City Council Bill
#35)
11. Award of Bids:
a. Authorize Purchase Of Seating For The Municipal Airport
Through The Cooperative Purchasing Program, GSA
Contract #GS 28F 2136 D, From Grammer Design Seating,
Inc., In The Amount Of $33,210.00.
11. Award of Bids:
City Council Agenda
Tuesday, February 20, 2001
Page 4
b. Award Of Bid For The Purchase Of Three (3) Each 58,000
GVW Cab & Chassis To Bruckner's Mack Sales In The
Amount Of $226,257.00.
12. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
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