Loading...
Min 05/15/2001 336 Wichita Falls, Texas Memorial Auditorium Building May 15, 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 Arthur Bea Williams - Councilors Linda Ammons - James Esther, Jr. - Bill Altman - Johnny Burns - Harold Hawkins - Jim Berzina - City Manager Bill Sullivan - Acting City Attorney Lydia Torres - City Clerk Mayor Lueck called the meeting to order. Rev. Amy Lakey, Gilbert Memorial CME Church, gave the invocation. Item 3 Mrs. Gwen McWhorter, City Registrar, was recognized for having received, for the third consecutive year, the Five-Star Texas Award for Vital Statistics from the State. The City of Wichita Falls Vital Statistics Department is ranked in the top 4% of the State. Barbara Clements, Director of the Health Department mentioned some of the criteria used in determining the recipients of this award. Mrs. Clements stated that they are very proud of Mrs. McWhorter for her Officers efficiency and timely job performance. Mayor proclaimed May 18, 2001 as "Wichita Falls Drillers Day" and encouraged everyone to support this football team on May 19 at Memorial Stadium. The Drillers is a semi professional football club ranked sixth in the nation. Mr. Timothy Deas accepted the proclamation and introduced Mr. Joe Jones. Mr. Joe Jones, associated with the Wichita Falls Drillers, stated this is a quality and a class team made up of players from Oklahoma and Texas. The players are from different walks of life, coaches, businessmen, educators, etc. They all have regular jobs and they play for the love of the game. He expressed appreciation to the sponsors and especially Jim Cooper of Graham Central Station for their support. He thanked the Council and citizens who support this team. He invited everyone to attend the game on May 19 at Memorial Stadium. Mayor proclaimed May 13-19, 2001 as "National Nursing Home Week" in Wichita Falls and encouraged community awareness in tribute to those committed to caring. Mayor proclaimed May 13-19, 2001 as "Police Week in Wichita Falls", and encouraged the appropriate ceremonies commemorating police officers, past and present, who have rendered dedicated service to our community. Mayor called upon the citizens to observe May 18, 2001 as "Peace Officers Memorial Day" in honor of those officers who gave their lives or suffered disabilities to secure for us the liberty of a free people. Chief Coughlin thanked the Council for recognizing the Police Officers of the City of Wichita Falls this week. He invited the public to the Police Memorial Service on Friday, May 18 at 10:00 a.m. at the Police Station and the open house. 337 Item 4 Larry Robinson, 5483 Huntington Lane, Republican Party Chair for Voting Precinct 44 which includes Wellington Lane, mentioned that a citizen had questioned the area which was exempted from curb and gutter and sidewalks on Wellington Road at the previous Council meeting. He has a problem with that area being under the curb and gutter and sidewalk requirement because that is an endangered species habitat, as well as a wetland for migratory birds. He requested that Council re-evaluate that area being included in it. Also, he was opposed to that requirement because when a road is widened and the curb and gutter and sidewalk was in place it would have to be torn up and replaced. He also mentioned that he did not feel the City maintained that area properly in regard to refuse collection. Item 5 The Minutes of May 1 and May 8, 2001 were approved as distributed. Councilor Hawkins arrived at Council Chambers. Items 6a-9g City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Hawkins requested that Item 8a be moved to the Regular Agenda. Moved by Councilor Hawkins that the consent agenda be approved with the exception of Item 8a. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 51-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a RESOLUTION NO. 52 -2001 RESOLUTION TO AWARD BID AND CONTRACT FOR THE LANDFILL FENCE PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7b Purchase of the City's estimated requirement of various emulsion products from Koch Pavement Solutions was approved. Item 9 Minutes of the following board and commission meetings were received. a. Wichita Falls Sales Tax (413) Corporation —July 11, 2000 b. Wichita Falls/Wichita County Public Health Board — February 23, 2001 c. Water Resources Commission —April 10, 2001 &April 19, 2001 d. Planning and Zoning Commission —April 11, 2001 338 Item 9 continued e. Landmark Commission —April 19, 2001 f. Park Board—April 26, 2001 g. Traffic Safety Commission—April 4, 2001 Item 8a RESOLUTION NO. 53-2001 RESOLUTION AUTHORIZING FINAL PAYMENT FOR THE CONSTRUCTION OF THREE FIRE STATIONS TO NORMAN R. BRATCHER CONSTRUCTION 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 Altman that Resolution No. 53-2001 be passed. Motion seconded by Councilor Burns. Councilor Hawkins asked if the roof leaks had been resolved. Asst. Fire Chief Lindsey replied that all leaks have been repaired and if there are any more they are covered under warranty. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors, Williams, Ammons, Esther, Altman, Burns and Hawkins Nays: None Item 10a A public hearing was held on the proposed use of Community Development Block Grant (CDBG) and HOME Program funds for the Consolidated Plan One-Year Action Plan. Mayor declared the public hearing open. Mr. David Clark explained the program and informed that the City will receive $1,895,000 as its 2001-2002 CDBG grant and $627,000 in HOME funding. Any available un-programmed funds will also be budgeted at this time. He mentioned the criteria for the projects. David Brock, 320 Hill Top, suggested that one of the projects be upgrading street lighting especially along Thompson Road, Windthorst Road and Rosewood Street. Mr. Clark noted that street lighting is an eligible project for these funds. City Manager commented that the City follows a certain program and location on street lighting and Staff will check those areas to see if they meet the City's specifications. Councilor Esther commented that what we have been trying to do is make sure that we develop focus groups so that the City will know exactly what the people who reside in these areas need. The people should come and make their needs known. He hopes that we will look at some other areas to develop focus groups. He would like to see neighborhood centers in the Sunnyside and Scotland areas where those focus groups can be developed. Mr. Clark replied that he did not have all the details under the national criteria, so he does not have all the information to determine the low and moderate-income benefit but it is potentially possible. This will be developed in conjunction with the Council subcommittee and with review of the applications, etc. There are various things that may be possible. Councilor Williams suggested that the lighting upgrade could probably be resolved by doing what is currently being done on Harding Street, increasing the lumens that the existing lights give out. If there are other areas that need to be checked, we can look into that. 339 Item 10a continued Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 11 a ORDINANCE NO. 49-2001 ORDINANCE REVOKING A CONDITIONAL USE PERMIT GRANTED BY THE PLANNING AND ZONING COMMISSION TO ALLOWA VIDEO GAME ARCADE TO OPERATE AT 1410 BEVERLY DRIVE; 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. 49-2001 be passed. Motion seconded by Councilor Burns. Vicky Ho, 4001 Kingsbury, was granted a conditional use permit by the Planning & Zoning Commission to operate a video game arcade at 1410 Beverly Drive. The Wichita Falls Independent School District was opposed to this permit and today's meeting will be to respond to the appeal protesting the conditional use at this location. Mrs. Ho, 4001 Kingsbury, spoke against the proposed ordinance and mentioned that the arcade business was about one-half mile from Crockett Elementary School and the ordinance has a 200 ft. requirement. She also stated that only those who are 18 years or older will be allowed to play the arcade games and they will check identification cards to control this. Mrs. Ho informed that alcohol will not be sold or permitted on the premises. David Gossom, W.F.I.S.D. Director of Legal Services, spoke in favor of the proposed ordinance and noted that these "eight liner" games are gambling and these businesses do not belong near the schools. There is a church across the street from the proposed business as well as residences, and Crockett School is in the same vicinity. He reviewed the Zoning Ordinance regarding Conditional Use Permits and noted that this type'of business is not an "appropriate" use of this property within this district. This type of business will bring a large number of adults in the school area and where children will be walking to school, which presents a security risk and problem. Mr. Gossom stated that what needs to be reviewed are the "potentially unfavorable affects or impacts on other permitted uses on abutting sides". Crockett School has been there since 1925 and was there first, serving the public and the children. Mr. Gossom informed that the PTA, school principals, and the Church are all against this business being allowed in this location. Mr. David Clark informed that Crockett School is 2000 ft. from this location and the closest school is Harrell Center, which is 1200 ft., however, the requirement is a notification requirement to those that are within 200 ft. of the proposed business location. Some Council members expressed concern that this type of business be located near another business that is working to rehabilitate addictions, as well as being within the vicinity of an elementary school and a church. It was noted that in the past a pool hall had been disallowed in that same location. David Rhone, 6002 Van Doren, Planning & Zoning Chair, explained the Commission's decision and what they considered in making their decision. The Commission had the following information: alcohol will not be sold at the location and no minors will be allowed in that location. Councilor Burns spoke against the proposed ordinance and noted that the Commission did consider all the issues that have been discussed this morning and feels they made the right decision and that Mrs. Ho has a legitimate business. Councilor Altman spoke in favor of the proposed ordinance. He stated that he felt that Staff takes the position that if a business applies for a conditional use permit and it is listed under the zoning scheme as available for a conditional use permit that that is all that Planning & Zoning looks at. That makes the conditional use permit policy totally wasteful. He brought up several issues one of which was that the Texas Attorney General and the Texas Department of Public Safety have ruled that "eight liners" are illegal. He noted that "eight liner" parlors in 340 Item 11 a continued Dallas County had been raided by the Dallas District Attorney's Office'and charges were filed. His problem with the "eight-liner" industry is that they are totally unregulated. All other forms of gambling permitted in Texas are regulated, such as the lottery. Also, people are being subjected and drawn into this, creating habits and dependencies. This facility would be adjacent to a facility that is trying to help people with dependency problems. Councilor Hawkins felt that some standards had been set in the past and his concern was that residences and a church are within the 200 ft. distance. He also had a concern with the dependency problems this could have as well as being located next to a business that works to rehabilitate addictions. Following a lengthy discussion on issues relating to this permit and its possible revocation, Council voted on the issue. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors, Williams, Ammons, Esther, Altman, and Hawkins Nays: Councilor Burns Item 11 b ORDINANCE NO. 50-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE 120-99 AT SUBSECTION 5.01, ENTITLED RIGHTS-OF-WAY FEE, SO AS TO UPDATE THE MONTHLY FEE FOR ACCESS LINE RATES; 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. 50-2001 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 11 c ORDINANCE NO. 51-2001 ORDINANCE ACCEPTING A SETTLEMENT OFFER FROM THE BANKRUPTCY ESTATE OF EDISON BROTHERS INCORPORATED FOR DELINQUENT TAXES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Burns stepped out of Council Chambers. Moved by Councilor Esther that Ordinance No. 51-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None 341 Item 11d A proposed ordinance was presented rescheduling the date of the second regularly scheduled City Council meeting in June 2001 from June 19 to June 18. Moved by Councilor Altman that proposed ordinance be passed. Motion seconded by Councilor Hawkins. Councilor Burns returned to Council Chambers. Councilor Altman stated that it would not be necessary to change the meeting dates since the pending trip scheduled by Sheppard Air Force Base for various people in the City has been postponed. Motion failed by the following vote. Ayes: None Nays: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Item 11 e ORDINANCE NO. 52-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 32-34 OF THE CODE OF ORDINANCES, RATIONING THE USE OF OUTSIDE WATER WITHIN THE CITY, REPEALING ORDINANCE NOS. 61-2000 AND 120-2000; PROVIDING A PENALTY PROVISION; PROVIDING FOR INCLUSION IN THE CODE; AND FINDINGAND 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. 52-2001 be passed. Motion seconded by Councilor Burns. Mr. David Lehfeldt informed that the major changes in the Ordinance were as follows: a) Spray-type irrigation prohibited between the hours of 11:00 a.m. and 6:00 p.m.; b) Shut-off nozzle required for car washing at home; c) Unsolicited drinking water prohibited at residential- type establishments; and d) New irrigation systems require to be designed by a registered professional. David Brock, 1819 Hines, suggested that the effect of the rate be provided to the ratepayers instead of mailing the entire ordinance to them. Council noted that the Commission had discussed extensively the option of providing the entire ordinance to each water account and they opted to provide more information than not enough. Council wanted to be certain that the ratepayer was totally informed. City Manager felt that the information to the ratepayers could be consolidated. Also, he suggested that the 60% be lowered to possibly 55% when the drought watch is initiated and the mailing is done. He felt it was more prudent to do it that way. Councilor Altman informed that, although other means of notifying the public were going to be utilized, the Commission felt this was a way of giving the public the complete picture of what was being done. The Commission also looked at water efficient equipment but felt at this time it was not necessary to do that, and that should be left to future councils. Councilor Hawkins stepped out of Council Chambers. David Brock stated that the implementation and the cancellation of water restrictions be left up to Staff. Regarding the surcharges, he asked that Council consider an ascending rate structure in the water rate. Councilor Burns stepped out of Council Chambers. 342 Item 11 a continued Mayor expressed concern in changing the cancellation of water restrictions from the Mayor to the Council. He explained that in the interim of lifting the restrictions, until the Council is able to meet, the citizens would continue to be charged a surcharge even though the lake level is above 50%. It is not practical to remove the restrictions one day and then replace them the next. Councilor Altman stated that when the lake levels are going down and we reach a certain level percentage then the application of the restrictions is a mechanical thing. We hit 50% then the restrictions are automatically implied as soon as the Public Works Director declares that we have reached 50%. However, when the lake levels are coming up there may be a temporary increase or decrease, therefore, putting the burden on the Public Works Director to mechanically say we have hit 50% so the restrictions are off. This was not something the Commission wanted to recommend because it is a policy decision that the Council should make looking at factors other than strictly the level. He also mentioned that the City is having a rate study done of putting in an increasing block rate system and these surcharges would be in effect over and above that, not in lieu of. These surcharges are going to come into play no matter the rate system. Councilor Burns returned to Council Chambers. Councilor Williams suggested having a combination between the Council and Public Works Director because she felt that the Public Works Director should be a part of the triggering mechanism. Also, the irrigation waiver for new landscaping was a concern to her because they pay a $50 fee for the waiver plus three times the rate. She suggested that the triple times the rate be reviewed. Additional discussion ensued City Manager informed that the proposed ordinance mentions a Public Utilities Department and it should be Public Works Department. Moved by Councilor Altman to amend the proposed ordinance by substituting the word "Works"for"Utilities"wherever the phrase Public Utilities Department appears. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None City Council recessed at 10:45 a.m. City Council reconvened at 10:55 a.m. Item 12a RESOLUTION NO. 54-2001 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A U.S. DEPARTMENT OF JUSTICE COPS IN SCHOOLS GRANT TO PLACE AN ADDITIONAL POLICE OFFICER INTO THE SCHOOL DISTRICT TO TEACH THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E) PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 343 Item 12a continued Moved by Councilor Williams that Resolution No. 54-2001 be passed. Motion seconded by Councilor Burns. Officer Kristi Holub provided information on the DARE Program. Mayor asked if this was a conflict of interest on the part of Councilor Ammons since this dealt with the Police Department and she is the Police Chiefs mother in law. Acting City Attorney replied that it was not. City Manager suggested, since this is likely to come up again, that if a Council member thinks there may be a conflict of interest that the individual Council member consult the City Attorney and if Staff thinks there is a conflict we will contact the particular Council member. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman and Burns Nays: None Item 12b RESOLUTION NO. 55-2001 RESOLUTION APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS OF CITIES AGGREGATION POWER PROJECT, INC., A POLITICAL SUBDIVISION CORPORATION; ACCEPTING MEMBERSHIP IN SAID CORPORATION; APPOINTING A REPRESENTATIVE TO SERVE ON BEHALF OF THE CITY OF WICHITA FALLS APPROVING PAYMENT OF AN INITIAL MEMBERSHIP FEE; AND ESTABLISHING AN EFFECTIVE DATE Moved by Councilor Williams that Resolution No. 55-2001 be passed. Motion seconded by Councilor Altman. Mr. Robert Powers informed that this item and the two subsequent items deal with retail electric deregulation that will occur January 1, 2002. The TXU Steering Committee approved the formation of the Cities Aggregation Power Project, Inc., (CAPP) which-would be beneficial for the City to participate in as a member for an initial fee not to exceed $14,000. This is a mechanism by which governmental entities can join together to aggregate their respective electric power demands and negotiate the purchase of electricity as one consumer. Each city will be able to decide if the price structure/bid would work for them. The bid does not have to be accepted and we can go at it alone, however, the membership fee will not be refunded. It was pointed out that there are two benefits to this aggregation. One, this aggregation would enable the City through the combined purchasing power of many cities to negotiate a lower retail rate for electricity. Secondly, this corporation would have the power through the combined power of a large number of cities to negotiate the availability of wholesale power. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None 344 Item 12c RESOLUTION NO. 56-2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING INTERVENTION IN TXU ELECTRIC COMPANY'S APPLICATION TO IMPLEMENT PRICE TO BEAT FUEL FACTOR FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 24040; AUTHORIZING THE JOINING WITH OTHER INTERVENING CITIES TO PROTECT MUNICIPAL AND RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; AND REQUIRING REIMBURSEMENT OF THE CITIES' RATEMAKING COSTS; 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. 56-2001 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Item 12d RESOLUTION NO. 57-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TXU GAS AND ELECTRIC COMPANY REGARDING THE CITY'S PARTICIPATION IN PENDING LITIGATION STYLED CITY OF DENTON, TEXAS, ET AL, V. TXU ELECTRIC COMPANY, ET AL, CAUSE NO. 009383; 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. 57-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Item 12e RESOLUTION NO. 58-2001 RESOLUTION APPROVING AN AMENDMENT TO THE FY 2000-2001 BUDGET FOR THE WICHITA FALLS (46) SALES TAX CORPORATION FOR DESIGN OF A PUBLIC SAFETY TRAINING CENTER AND CONSTRUCTION OF A FIRE TRAINING FIELD; 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. 58-2001 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None 345 Item 13a Moved by Councilor Altman to award contract for cellular telephone service to U.S. Cellular. Motion seconded by Councilor Burns. Mr. Robert Powers informed that proposals were mailed to three providers but only one response was received and that was from U.S. Cellular. The recommended Business Plan 10000 accommodates a maximum of 50 phones and 10,000 minutes per month that can be shared by the 50 phones. The fixed monthly payment is $1,437 plus applicable state and federal fees and is guaranteed for two years, however, the City would retain the option to convert to more favorable options offered by U.S. Cellular. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Item 14a Councilor Burns welcomed newly elected Councilor Ammons to her first official meeting. Item 14b City Manager informed that Mr. Jack Murphy has prepared a Park Plan that he will present to the Council. Mr. Murphy stated that this is a vision of what the City should consider for the next ten years. The purpose is to satisfy a requirement of Parks and Wildlife for possible grants. With Council's adoption we can submit the Plan to Parks and Wildlife. The project lists both facilities as well as land areas for the next ten years. The Plan will be submitted at the next meeting for Council action. Mr. Gary Patrick, Park Board Chair, informed that this is a result of two year's work by the Board. We attempted to meet the needs of the City and we had tremendous input. This will probably get the City $1 million to $1.5 million funding from the State. We feel confident that the State will approve the Plan. The following priorities came from these two studies: 1) Consider funding a City-wide recreation center, and 2) Consider an enhanced lake facility. Item 14c City Council went into Executive Session at 11:40 a.m. as authorized by Section 551.074 and 551.071 of the Texas Government Code. City Council reconvened at 11:53 a.m. Item 14d Mayor nominated Councilor Hawkins for Mayor Pro Tem. Councilor Burns nominated Councilor Altman for Mayor Pro Tem. Councilor Esther nominated Councilor Williams for Mayor Pro Tem. Councilor Altman was appointed Mayor Pro Tem by the following vote. For Councilor Altman - Councilors Williams, Ammons, Altman and, Burns For Councilor Hawkins - Mayor Lueck 346 Item 14d continued For Councilor Williams - Councilor Esther Item 14e ORDINANCE NO. 53-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM SANITATION FUND EQUITY TO ACCOUNT NO. 530-8175-73060 IN THE AMOUNT OF $ 10,750.00 _ UTILIZED FOR THE SETTLEMENT OF A CLAIM FILED BY CHRISTINE ROBERSON, INDIVIDUALLY AND AS NEXT FRIEND FOR GABRIELLE ROBERSON, STEMMING FROM A JUNE 6, 2000 MOTOR VEHICLE ACCIDENT WITH THE DRIVER OF A VEHICLE BELONGING TO THE CITY OF WICHITA FALLS; 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. 53-2001 be passed by inserting the figure $10,750.00 in the appropriate blanks. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None City Council adjourned at 12:00 p.m. PASSED AND APPROVED this day of , 2001. 0 JE Y LUECK 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, May 15, 2001, Beginning At 8:30 a.m. City Council: Mayor Gerald Lueck - Councilors Arthur Bea Williams, Linda Ammons, James Esther, William Altman, Johnny Burns, and Harold Hawkins 1 . Call to Order. 2. Invocation: 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 Of The City Council Of The City Of Wichita Falls, Texas Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs. (City Council Bill #111) 7. Award of Bids: a. Resolution To Award Bid And Contract For Landfill Fence Project. (City Council Bill #112) City Council Agenda Tuesday, May 15, 2001 Page 2 7. Award of Bids (cont'd): b. Motion To Approve Purchase Of The City's Estimated Requirement Of Various Emulsion Products From Koch Pavement Solutions. 8. Payment Approvals: a. Resolution Authorizing Final Payment For Construction of Three Fire Stations To Norman R. Bratcher Construction Company. (City Council Bill #113) 9. Receive Minutes: a. Wichita Falls Sales Tax (4B) Corporation — July 11 , 2000 b. Wichita Falls/Wichita County Public Health Board - February 23, 2001 c. Water Resources Commission - April 10, 2001 - April 19, 2001 d. Planning & Zoning Commission — April 11 , 2001 e. Landmark Commission — April 19, 2001 f. Park Board — April 26, 2001 g. Traffic Safety Commission — April 4, 2001 REGULAR AGENDA 10. Public Hearings: a. Public Hearing On The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The Consolidated Plan One-Year Action Plan. 11 . Ordinances: a. Ordinance Revoking A Conditional Use Permit Granted By The Planning And Zoning Commission To Allow A Video Game Arcade To Operate At 1410 Beverly Drive. (City Council Bill #114) 11. Ordinances (cont'd): City Council Agenda Tuesday, May 15, 2001 Page 3 b. Ordinance Amending Ordinance 120-99 At Subsection 5.01 , Entitled Rights-of-Way Fee, To Update The Monthly Fee For Access Line Rates. (City Council Bill #115) c. Ordinance Accepting A Settlement Offer From The Bankruptcy Estate Of Edison Brothers Incorporated For Delinquent Taxes. (City Council Bill #116) d. Ordinance Rescheduling The Date Of The Second Regularly Scheduled City Council Meeting In June 2001 From June 19 to June 18. (City Council Bill #117) 12. Resolutions: a. Resolution Authorizing The City Manager To Apply For A U.S. Department Of Justice COPS In Schools Grant To Place An Additional Police Officer Into The School District To Teach The Drug Abuse Resistance Education (D.A.R.E) Program. (City Council Bill #118) b. Resolution Approving The Articles Of Incorporation And Bylaws Of Cities Aggregation Power Project, Inc., A Political Subdivision Corporation; Accepting Membership In Said Corporation; Appointing A Representative To Serve On Behalf Of The City Of Wichita Falls, And Approving Payment Of An Initial Membership Fee. (City Council Bill #119) c. Resolution Authorizing Intervention In TXU Electric Company's Application To Implement Price To Beat Fuel Factor Filed At The Public Utility Commission Of Texas, Docket No. 24040. (City Council Bill #120) d. Resolution Authorizing A Contract With TXU Gas And Electric Company Regarding The City's Participation In Pending Litigation Styled City Of Denton, Texas, et al, V. TXU Electric Company, Et Al, Cause No. 009383. (City Council Bill #121) e. Resolution Approving An Amendment To The FY 2000-2001 Budget For The Wichita Falls (413) Sales Tax Corporation For Design Of A Public Safety Training Center And Construction Of A Fire Training Field. (City Council Bill #122) 13. Award of Bids: City Council Agenda Tuesday, May 15, 2001 Page 4 a. Award Contract For Cellular Telephone Service To U.S. Cellular. 14. 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 Position of Mayor Pro Tern As Authorized By Section 551 .074 Of The Texas Government Code. (2) Briefing By City Attorney Regarding Settlement Of Claim Against the City Filed By Christine Roberson, Individually And As Next Friend Of Gabrielle Roberson; As Authorized By Section 551 .071 Of The Texas Government Code. d. Appointment of Mayor Pro Tem e. Ordinance Making An Appropriation From General Fund Equity To 100-8710-72170 For Settlement Of Claim Against The City Filed By Christine Roberson, Individually And As Next Friend Of Gabrielle Roberson. (City Council Bill #123) 15. 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