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Min 08/07/2001 386 Wichita Falls, Texas Memorial Auditorium Building August 7, 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 Bill Altman - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons - James Esther, Jr Harold Hawkins - James Berzina - City Manager Bill Sullivan - Acting City Attorney Lydia Torres - City Clerk Johnny Burns - Absent Mayor called the meeting to order. Mr. Jimmy Dillon, Trinity Baptist Church, gave the invocation. Item 3 Police Officer Tony Fox, Police Department, was recognized as Employee of the Month for the month of August. Mayor presented Officer Fox with a plaque, dinner for two, and theater passes. Mayor proclaimed August 7, 2001 as "National Night out 2001" and encouraged citizens to join AARP in the National Association of Town Watch in Wichita Falls. This program promotes crime prevention. City Manager mentioned that on their trip to Furstenfeldbruck they had received several items from our Sister City. He presented Fire Chief Lindsey with a book from the Furstenfeldbruck Fire Department. He also presented Police Chief Coughlin with a plaque from the Furstenfeldbruck Police Department and mentioned that a similar plaque for the City would be on display at City Hall. Mr. Jerry Vandiver presented two gifts sent from our Sister City Furstenfeldbruck and the German Air Force. He mentioned that the exchanging of gifts over time has displayed friendship and mutual respect. Our relationship with our Sister City is an international friendship and is very important because of the connection of the German Air Force and our European NATO Joint Jet Pilot Training at Sheppard Air Force Base. The two gifts sent to the City Council and the citizens of Wichita Falls were a watercolor of downtown Furstenfeldbruck and a framed photograph of their German Air Force Academy, both of which will be on display at City Hall. Item 4 Gene Robinson, 4504 Ernest Circle, claimed that Dennis Ott Roofing Company had damaged a cubicle on his roof while repairing the roof. He said that Deborah in Building Inspection had told him that Mr. Ott was licensed and bonded and that he had pulled a permit under Kenneth Whitlow. He wanted citizens to know that anybody can work off others' permits, and that whoever they talk to may not be the person with whom they will actually be dealing. He expressed concern 387 Item 4 continued that in hiring to have repairs done people may never know what actually happens unless they review the repairs themselves Councilor Hawkins stated that this issue of persons working under someone else's permit is one of the items that needs to be looked at during the August 28 joint meeting with the Board of Adjustment. Dawn Murer, 1713-11"Street, Preservation Alliance of Wichita Falls, gave a presentation on this non-profit organization. Larry Robinson, 5483 Huntington Lane, stated that the Mayor had been criticized for not being from here and he is tired of that. He said it was easier to have a recall than to have a petition on MPEC. Councilor Hawkins mentioned that today was the City Manager's birthday and he was wished a happy birthday. Item 5 The Minutes of July 17 and July 25 were approved as distributed. Item 6a-8d City Manager gave a briefing on the items listed under the Consent Agenda. City Manager stated that Council may want to consider pulling Item 7a from the agenda because we may be able to get a lower bid through the State Purchasing Contract. Moved by Councilor Hawkins that the consent agenda be approved with the exception of Item 7a. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 6a RESOLUTION NO. 87-2001 RESOLUTION TO ACCEPT THE SLUDGE DISPOSAL PROJECT AND AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION; 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. 88-2001 RESOLUTION TO ACCEPT THE LANDFILL FENCE PROJECT AND AUTHORIZE FINAL PAYMENT TO PRECISION FENCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 388 Item 6c RESOLUTION NO. 89-2001 RESOLUTION AUTHORIZING THE CITY OF WICHITA FALLS SANITATION DIVISION TO APPLY TO NORTH TEXAS REGIONAL PLANNING COMMITTEE FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT;AUTHORIZING RON SMITH/SANITATION SUPERINTENDENT TO ACT ON BEHALF OF THE CITY OF WICHITA FALLS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF WICHITA FALLS WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE NORTH TEXAS REGIONAL PLANNING COMMITTEE, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND THE STATE OF TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7b Bid was awarded to ICE Contractors in the amount of $17,634.00 for the demolition of various hazardous structures. Item 8a Minutes of the following board and commission meetings were received. a. Planning and Zoning —June 13, 2001 b. Planning and Zoning —July 11, 2001 c. Airport Board of Adjustment—June 27, 2001 d. Tax Increment Financing Board —July 25, 2001 e. Airport Board of Adjustment—July 25, 2001 f. Landmark Commission —July 19, 2001 g. Wichita Falls/Wichita County Public Health Board—April 27, 2001 h. Board of Adjustment—July 18, 2001 Item 7a Moved by Councilor Hawkins to table until a later date the award of bid for the purchase of roll out yard waste carts for fiscal year 2001 and 2002. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 4 Continued Mr. Terry Rodriguez had signed up to speak under Public Comments and was inadvertently overlooked, therefore he was allowed to speak at this time. Terry Rodriguez, 1504 Austin, stated that he had purchased the property at 1204 and 1205 Austin for restoration purposes without a title search. There is a $3400 demolition lien against these properties of which he was unaware when he purchased them. He requested that Council forgive this lien and make the previous owner, Tim Matthews, responsible for that demolition charge. He added that when the transaction took place, other tax liens showed up but the demolition lien did not and the previous owner did not inform him about it. He is now aware that a title search is essential. Legal was directed to look at this. Acting City Attorney will speak with Mr. Rodriguez. 389 Item 9a ORDINANCE NO. 72-2001 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED SIX THOUSAND DOLLARS ($6,000) FOR A FEASIBILITY STUDY FOR THE ADAPTIVE REUSE OF THE HOLT HOTEL AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT; 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. 72-2001 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 Item 9b ORDINANCE NO. 73-2001 ORDINANCE AUTHORIZING THE CITY MANAGER TO APPLY FOR A FY 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT IN THE AMOUNT OF $109,179.00 OF WHICH $98,261.00 ARE FEDERAL MONIES AND $10,918.00 (10%) ARE POLICE DEPARTMENT FUNDS; 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. 73-2001 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 9c ORDINANCE NO. 74-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE NO. 70-2001 TO PROVIDE A WRITTEN DECISION FOR THE REVOCATION OF A CONDITIONAL USE PERMIT FORA COMMUNICATION TOWER AT 4729 JACKSBORO HIGHWAY; 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. 74-2001 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 Item 9d A proposed ordinance was presented revoking a conditional use permit granted by the Planning and Zoning Commission to allow a communications tower to locate at 206 Indiana Ave. 390 Item 9d continued Moved by Councilor Esther that proposed ordinance be passed. Motion seconded by Councilor Williams. Mark Toby, 804 E. Texas, Iowa Park, owns the property at 201 Indiana and was the person who appealed this decision. He spoke in favor of this ordinance expressing concern that a 220 ft. communication tower would take away from the sights of downtown Wichita Falls and it was going to hurt the skyline of our downtown. There is a need to enhance that property in order to support MPEC. He felt that this tower was going to be detrimental to the growth and future of downtown. David Baker, Titan Towers representative, 1500 Industrial Blvd., Abilene, TX., spoke against this ordinance stating that they had done extensive research on the placement of this tower. He said they have met the requirements and feel the location is appropriate. He mentioned that regardless of where a tower is built there is going to be opposition but it is part of the infrastructure. Rick Graham, 8521 Saratoga Trail, stated he was neutral on this and gave background information on some of the downtown buildings. He felt that the historical district needs to be protected. Councilor Hawkins noted that the proposed tower location was not in the historical district. Smith Walker, 2107 Berkeley, President of Downtown Wichita Falls Development, Inc. and board member of North Texas Visions, Inc., spoke in favor of this ordinance. He has eight pieces of property on Indiana and their vision is to have arts, entertainment, a river walk, etc. in the downtown area and he feels that a tower that big will hinder what they are trying to do downtown. Larry Robinson, 5483 Huntington Lane, said that this process of going to Planning & Zoning and then to Council was taking a lot of people's time. Mr. Baker stated that their plan conforms to City Ordinances. Councilor Hawkins was concerned that we were reactionary instead of being visionary. Additional discussion was had regarding the rental of air space and the actual purpose of communication towers. It was noted that the Federal Telecommunications Act requires that reasons be identified for revocation of a conditional use permit and the fact that citizens objected was not sufficient reason to revoke the permit. Under Federal Law and Federal Court decisions a blanket prohibition of communication towers is unlawful and no valid reason under Federal guidelines was mentioned today to revoke this permit. The policy under the City's communications ordinance is to regulate communication towers and to provide for co-location of towers as far as practical to reduce the number of individual towers that end up within the City. The majority of Councilors mentioned that although they preferred not to have the tower in that location they were constrained to vote against revoking this permit because under Federal Law there were no sufficient reasons to prevent Titan from building a tower there. Motion failed by the following vote. Ayes: Mayor Lueck and Councilor Ammons Nays: Councilors Williams, Esther, Altman, and Hawkins City Council recessed at 10:16 a.m. and reconvened at 10:30 a.m. Item 9e A proposed ordinance was presented waiving Ordinance No. 11-2000 for properties located at 1430 and 1434 Kinsale Court regarding contractor licensing and bonding. 391 Item 9e continued Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Esther. Mr. David Clark informed that Mrs. Ditto received approval from Planning & Zoning for construction of a carport in a front yard setback area. However, her problem is with the contractor bonding/licensing requirement and she is asking for a waiver to this requirement in order to pull a permit. Mayor asked Mrs. Ditto if she was the owner of the property. Ruby Ditto, 1301 Buchanan, stated that the two properties belong to her daughter and son in law who are in Germany and she has their power of attorney. She informed that it would cost her over$1000 to be bonded and licensed. She stated that this is cost prohibitive to the normal citizen who wants to do their own work. She asked for relief to her situation suggesting that this be grandfathered. Councilor Hawkins told Mrs. Ditto that since she had applied to Planning & Zoning after December 19, 2000 this could not be grandfathered. She then requested a waiver to the contractor bonding/licensing requirement. Rick Graham, 8521 Saratoga Trail, agreed with the City that waivers are not a good idea because the Council would be inundated with them. My opinion is that the requirement for an owner to call himself a contractor is probably not legal. He stated that he was against dropping the bond requirements because contractors need to be bonded for the protection of the citizens, but it is detrimental for the City not to let a property owner work on their own property whether commercial, industrial, hospitals, or single family residential. He requested that the City clarify things by amending its ordinance to provide an express exemption for property owners working on their own property. Councilor Williams was in favor of very liberal interpretations made on behalf of property owners not only people who live in the premises they want to work on but people who own property. It was noted that bonding/licensing issues and concerns will be addressed at the August 28 joint meeting with the Zoning Board of Adjustment. Motion failed by the following vote. Ayes: Mayor Lueck, Councilors Ammons, and Hawkins Nays: Councilors Williams, Esther, and Altman Item 9f ORDINANCE NO. 75-2001 ORDINANCE PLACING A MORATORIUM ON THE INSTALLATION, APPLICATION OR PERMIT PROCESS RELATED TO EIGHT LINER ARCADES AND OTHER ARCADE MACHINES THAT DISPENSE REDEEMABLE TICKETS, CERTIFICATES OR COUPONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 75-2001 be passed. Motion seconded by Councilor Altman. Kay Arrington, 2808 Fleming, works at Flaming 7 Arcade with her father who is the owner. She stated that the City told them after the fact that they could only utilize 25% of the floor space. She compared their arcade with Chuck E Cheese and The Plex and wanted to know the difference. The issue of the number of parking spaces per machine was discussed. 392 Item 9f continued John Reberger, 5307 Greentree, owner of Treasure Island Arcade in Fre Mar Valley, agreed with Mrs. Arrington and requested that Council let them continue to operate their eight- liners. Mr. David Clark informed that there are three applications that Planning & Zoning will hear at their meeting on August 8. He noted that Mrs. Arrington does not have an application before Planning &Zoning. He commented that the question today is when the moratorium would be effective. Acting City Attorney commented that the State of Texas has adopted a pretty comprehensive set of regulations concerning licensing and permits. If you wish to adopt a moratorium, one of the issues that we need to look at is how our current ordinance complies with State law with regard to what areas we are pre-emptied from adopting regulations for eight liners. It is not an issue of gambling devises, those are criminal issues which we do not look at, however, we do have a right under the law to address zoning issues. If you pass the moratorium, that time will be used to review our current ordinance as to whether it complies with the authority that we have been delegated under State law. Councilor Altman suggested that the emergency clause be removed from the moratorium in order to be effective thirty days from today to allow Planning & Zoning to act on the three pending applications. Moved by Councilor Williams to delete Section 3 in order to remove the emergency clause, and that Section 4 be renumbered as Section 3. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Councilors Altman and Hawkins stepped out of Council Chambers. Item 9g ORDINANCE NO. 76-2001 ORDINANCE MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT REVENUE FROM TARRANT COUNTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 76-2001 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, and Esther Nays: None Councilor Altman returned to Council Chambers 393 Item 10a RESOLUTION NO. 90-2001 RESOLUTION AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH EMD INCORPORATED AS RECOMMENDED BY THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION AND APPROVING AN AMENDMENT TO THE CORPORATION'S FY 2000-01 BUDGET; 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. 90-2001 be passed. Motion seconded by Councilor Esther. Mr. Tim Chase, Board of Commerce & Industry, presented the proposed project. Mr. Bruce Parker, President EMD, Inc., provided details and benefits of the project. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, and Altman Nays: None City Council recessed for lunch at 11:30 a.m. and reconvened at 12:38 p.m. Item 10b RESOLUTION NO. 91-2001 RESOLUTION RECOGNIZING SOUTHWEST STUDENT TRANSPORTATION L.L.C. AS A PROVIDER OF CHARTER SERVICES WITHIN THE CITY OF WICHITA FALLS; 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. 91 -2001 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 10c A proposed resolution was presented appointing a director to the Wichita County/City of Wichita Falls, Texas Hospital Board. Moved by Councilor Altman to table this item until after Executive Session. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None 394 Item 10d RESOLUTION NO. 93-2001 RESOLUTION APPROVING CONTRACT AMENDMENT WITH THE U.S. GEOLOGICAL SURVEY FOR A WATER LOSS STUDY ON THE LITTLE WICHITA RIVER; 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. 93-2001 be passed. Motion seconded by Councilor Hawkins. Moved by Councilor Hawkins to amend contract amendment in the section labeled "Program Statement" by replacing the word "receive"with the word "divert" in the first sentence and changing the figure 1,459 ac-ft " with "1560 ac-ft" in the first two sentences. Those sentences would read as follows: "The City of Henrietta is entitled to divert at the point of the City's intakes 1560 ac-ft of water released from Lake Arrowhead by the City of Wichita Falls each fiscal year. The City of Wichita Falls assures that they are releasing the 1560 ac-ft however the diversions that the city of Henrietta..." Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 10e RESOLUTION NO. 94-2001 RESOLUTION TO APPROVE A CONTRACT FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE POLICE/FIRE TRAINING CENTER; 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. 94-2001 be passed Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 11 a Moved by Councilor Altman to award bid to Stewart & Stevenson in the amount of $60,590.72 for the City's estimated annual requirement of automotive filters. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None 395 Item 11 b Moved by Councilor Hawkins to reject bids for a 1250-gallon fire pumper engine. Motion seconded by Councilor Ammons. Mrs. Peggy Gahagan informed that bid notices were sent out for a pumper engine. When bids were received the two low bidders did not meet specs, and the third low bidder was not properly licensed to sell in Texas. The next bid jumped $38,000 over budget. Staff discussed this situation and decided to request proposals from the Houston-Galveston Area Council Cooperative Purchasing Program from three bidders that we consider to be quality, responsible bidders that had already been bid through the Houston-Galveston Area Council. The three bidders were Quality Manufacturing ($321,277.75), Ferrara Fire Apparatus ($292,511.00), and Pierce Manufacturing ($295,182.00). Staff feels that all three could provide a quality apparatus and we recommend the low bidder of Ferrara Fire Apparatus. A lengthy discussion ensued regarding maintenance of the apparatus and the differences between the brands as well as comparison of use by other cities that use Ferrara and Pierce units. Council directed Chief Lindsey to check with those cities that have had experience with both Ferrara and Pierce engines. Moved by Councilor Altman to table this item for two weeks in order to allow the Fire Chief an opportunity to obtain comparison information. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12a There was no discussion at this time on eight liner machines since this item was discussed earlier in this meeting and since the Acting City Attorney is looking into any conflicts with State law. Item 12b It was Council consensus that each Councilor appoint to the Redistricting Advisory Committee two representatives each from their district and that the Mayor and Councilor at Large appoint one representative each, for a total of 12. Appointments will be made at the August 21, 2001 Council meeting. Meeting times and locations will be worked out with Professors Guinn and Morrison. Item 12c Councilor Ammons expressed appreciation to the City workers who helped the citizen with trash cans. Councilor Ammons mentioned the Lebanon Collector Street and suggested changing the zoning in the event it goes commercial in the future. We should have some sort of plan in mind about what to do with that instead of waiting until it develops. Councilor Altman asked for a Staff report on the program dealing with large discarded items such as refrigerators, stoves, etc. Mr. Bonnett provided information on the use of the transfer station and the landfill at no cost to the residents for the disposal of large items. Councilor Esther asked Staff to look at ways to handle the 4" of July situation especially during the time we know that our weather is extremely hot and dry. City Manager stated that there are some things that can be done that are very drastic, for instance having search points coming into the City where firework stands are set up just outside the City limits. We can give you some input prior to next year's 4" of July. Councilor Hawkins asked about the status of Mr. J.R. Brown's concern regarding sidewalks. Mr. Clark stated that he had spoken with Mr. Brown and his concern is in the platting process which 396 Item 12c continued deals with the curb and gutter requirement. That would be a waiver question and Council determines the decision on waivers. Councilor Hawkins stated that either the Mayor or three Councilors could request that this item be placed on the agenda since Mr. Brown had previously appeared before Council. Councilor Hawkins referred to the August 28 joint meeting between the City Council and the Construction Board of Adjustments and stated that one question he would like for Staff to answer is whether persons have to be bonded to work on properties other than their residence. Also, he wanted an explanation on the difference between a residence owned by the occupant or owned by someone else. It is still residential but one would become commercial in nature because it is lease property. Councilor Williams asked for an explanation on the storm water drainage fee. She was not comfortable with a resident whose only service from the City is a rollout dumpster and they have to pay the storm water drainage fee. Mr. Bonnett explained that if you receive a utility bill, and a rollout is a utility bill, you pay the $1.50 fee. The intent of the Ordinance was to capture every parcel within Wichita Falls that had impervious area because the impervious area is not tied to any type of service. If you have a roof or sidewalk, then you would have the $1.50 fee. Councilor Williams still did not feel good about it and asked that it be reviewed and discussed at a future Council meeting. Councilor Williams mentioned the wasteful use of water and asked if anything could be done within the next two weeks. City Manager stated that he is currently looking into that. Mayor directed that Mr. J.R. Brown's request for a curb and gutter waiver at 1006 Wesley and 3216 Old Iowa Park Rd. be placed on the next Council agenda. Item 12d City Manager reminded Council that budget hearings would be held following the August 21 Council meeting. Item 12e(1) City Council went into Executive Session at 1:56 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 2:25 p.m. Mayor announced that no action was taken during executive session. Item 12f 1 Moved by Councilor Altman that Mr. J. Ray Clymer, Jr., Place 2, be reappointed to the Wichita Falls Economic Development Corporation (4A Sales Tax Corporation Board) with term to expire July 31, 2004 and that Mr. Jim Berzina be appointed to Place 3, with term to expire July 31, 2002. Mr. Berzina will fill Mr. Ronald Bullock's unexpired term. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f(2) Moved by Councilor Altman that Mr. Rick Boone, Place 1, Mr. Bill Altman, Place 2, Mr. Leon Mallonee, Place 5, and Ms. Arthur Bea Williams, Place 7, be re-appointed to the 4B Sales Tax Corporation Board with all terms to expire July 31, 2003. 397 Item 12f(2) continued Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Shine, Esther, Altman, and Hawkins Nays: None Item 12f(3) Moved by Councilor Altman that Mr. Don Wright, Place 2, Mr. Elvin Dudley, Place 6, and Mr. Richard Golden, Place 7 be re-appointed to the Board of Electrical Examiners with terms to expire July 31, 2003; and that Mr. Charles Kazmer be appointed to Place 1, with term to expire July 31, 2003. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f(4) Council informed that there was a vacancy on the Landmark Commission for a licensed real estate agent and invited interested agents to apply. Item 12f(5) Moved by Councilor Altman to appoint Mr. Ken Birck to Place 7 of the Planning and Zoning Commission with term to expire December 31, 2001. Mr. Birck will fill Mrs. Lou Ann Phillips' unexpired term. In the same motion, Mr. James Bradberry was moved to Place 10 and Mr. James Chase was appointed to Place 11, both with terms to expire December 31, 2001 and both to serve as Alternates. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 10c RESOLUTION NO. 92-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING A DIRECTOR TO THE WICHITA COUNTY/CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD; DESIGNATING TERM OF OFFICE; 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 Item 10c, Council Bill No. 186 be removed from the table. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None 398 Item 10c continued Moved by Councilor Altman to amend proposed resolution by inserting the name of Mr. Nick Gipson as appointee to the Wichita County/City of Wichita Falls, Texas, Hospital Board for a two- year term expiring July 1, 2003. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f 6 Moved by Councilor Altman that Mr. Ernest Dover, Place 9, be reappointed to the Helen Farabee Regional MHMR Centers Board of Trustees with term to expire August 31, 2003. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f(7) Moved by Councilor Altman to reappoint Mr. Don Kirkham, Place 1, to the Wichita-Wilbarger 9-1-1 District with term to expire May 15, 2003. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f(8) Moved by Councilor Altman that Mr. Michael Norrie be appointed to Place 1 of the Zoning Board of Adjustment with term to expire December 31, 2002. Mr. Norrie will replace Mr. Ray Hanold. In addition, Mr. Les Seipel was moved to Place 6, Mr. Thomas Cross was moved to Place 7, Mrs. Willa Burgess was moved to Place 8, and Mrs. Dawn Murer was appointed to Place 9 with terms to expire December 31, 2001. These four persons will serve as Alternates. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f(9) Moved by Councilor Altman that Mr. Al Graham, Place 8, Mr. Randolph Duke, Place 13, Mrs. Marsha Warmuth, Place 15, Mr. Bill Niles, Place 16, and Mr. Jim Pettyjohn, Place 17 be re- appointed to the Arts Commission with terms to expire July 31, 2003; and that the following persons be appointed. Mrs. Elizabeth Edwards, Place 1, Wichita Falls Symphony representative, term expires July 31, 2003. Mrs. Edwards will replace Mrs. Myloa Beilke. Mrs. Eleni Moshtaghi, Place 2, Wichita Falls Ballet representative, term expires July 31, 2003. Mrs. Moshtaghi will replace Mrs. Carolyn Sanders. Mrs. Jeanette Bradley, Place 4, Heritage Society representative, term expires July 31, 2002. Mrs. Bradley will replace Mrs. Carol Woessner. 399 Item 12f(9) continued Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f(10) Moved by Councilor Altman to appoint the following persons to the Clean Community Commission. Mr. Stanley Bell, Place 5, term expires December 31, 2001. Mr. Bell will replace Mr. Patrick Dwyer. Mr. Gregory Washburn, Place 7, term expires December 31, 2002. Mr. Washburn will replace Mr. Matt Marrs. Mr. Stacey Blocker, Place 12, term expires December 31, 2002. Mr. Blocker will replace Mr. Tommy Gates. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f(11) Moved by Councilor Altman to appoint Mr. Dan Shine to Place 1, Mrs. Betty Shelby to Place 2, and Ms. Donna Adams to Place 3 to the Commission on Highway Transportation System Needs with terms to expire December 31, 2001. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f(12) Moved by Mayor Lueck to reappoint Ms. Pat Nelson, Place 1, Mr. Wilbert Boston, Place 2, and Mr. Ronnie London, Place 3 to the Wichita Falls Housing Authority with terms to expire July 31, 2003. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 12f(13) Moved by Councilor Altman to reappoint Mrs. Irene Lambert, Place 1, Ms. Andrea Williams, Place 2, and Mrs. Ruth Jones, Place 8 to the Library Advisory Board with terms to expire July 31, 2004. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None 400 The City Council adjourned at 2:40 p.m. PASSED AND APPROVED this day of 2001. J RY 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, August 7, 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: Mr. Jimmy Dillion Trinity Baptist 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 To Accept The Sludge Disposal Project And Authorize Final Payment To Bowles Construction. (City Council Bill #174) b. Resolution To Accept The Landfill Fence Project And Authorize Final Payment To Precision Fence. (City Council Bill #175) City Council Agenda Tuesday, August 7, 2001 Page 2 c. Resolution Authorizing The Sanitation Division To Apply To Nortex Regional Planning Committee For A Solid Waste Grant To Continue The Source Reduction And Recycling Yard Waste Program. (City Council Bill #176) 7. Award of Bids: a. Award Of Bid For The Purchase Of Roll Out Yard Waste Carts To Rehrig Pacific In The Amount Of $12,903.00 For Fiscal Year 2001 With An Option To Purchase Additional Yard Waste And Refuse Carts In The Amount Of $78,060.00 In Fiscal Year 2002. b. Award Of Bid For Demolition Of Various Hazardous Structures To ICE Contractors In The Amount Of $17,634.00. 8. Receive Minutes: a. Planning & Zoning Commission — June 13, 2001 b. Planning & Zoning Commission — July 11, 2001 c. Airport Board of Adjustment — June 27, 2001 d. Tax Increment Financing Board — July 25, 2001 e. Airport Board of Adjustment — July 25, 2001 f. Landmark Commission — July 19, 2001 g. Wichita Falls/Wichita County Public Health Board — April 27, 2001 h. Board of Adjustment — July 18, 2001 REGULAR AGENDA 9. Ordinances: a. Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $6,000 For A Feasibility Study For The Adaptive Reuse Of The Holt Hotel And Authorizing The City Manager To Execute An Agreement. (City Council Bill #177) b. Ordinance Authorizing The City Manager To Accept A FY 2001 Local Law Enforcement Block Grant In The Amount Of $109,179.00. (City Council Bill #178) City Council Agenda Tuesday, August 7, 2001 Page 3 c. Ordinance Amending Ordinance No. 70-2001 To Provide A Written Decision For The Revocation Of A Conditional Use Permit For A Communication Tower At 4729 Jacksboro Highway. (City Council Bill #179) d. Ordinance Revoking A Conditional Use Permit Granted By The Planning And Zoning Commission To Allow A Communications Tower To Locate At 206 Indiana Ave. (City Council Bill #180) e. Ordinance Waiving Ordinance No. 11-2000 For Properties Located At 1430 and 1434 Kinsale Court Regarding Contractor Licensing And Bonding. (City Council Bill #181) f. Ordinance Placing A Moratorium On The Installation, Application Or Permit Process Related To Eight Liner Arcades And Other Arcade Machines That Dispense Redeemable Tickets, Certificates, Coupons Or Similar Such Items. (City Council Bill #182) g. Ordinance Making Appropriation To The Special Revenue Fund For Grant Revenue Received From Tarrant County And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #183) 10. Resolutions: a. Resolution Authorizing An Economic Development Incentive Agreement With EMD Incorporated As Recommended By The Wichita Falls Economic Development Corporation And Approving An Amendment To The Corporation's FY 2000-01 Budget. (City Council Bill #184) b. Resolution Recognizing Southwest Student Transportation L.L.C., (SST) As A Willing And Able Private Charter Operator For Charter Service Within The City Of Wichita Falls And Areas In Close Proximity. (City Council Bill #185) c. Resolution Appointing A Director To The Wichita County/City Of Wichita Falls, Texas, Hospital Board. (City Council Bill #186) d. Resolution Approving Contract Amendment With The U.S. Geological Survey For A Water Loss Study On The Little Wichita River. (City Council Bill #187) City Council Agenda Tuesday, August 7, 2001 Page 4 e. Resolution To Approve A Contract For Architectural Services For The Design Of The Police/Fire Training Center. (City Council Bill #188) 11. Award of Bids: a. Award Of Bid For The City's Estimated Annual Requirement Of Automotive Filters To Stewart & Stevenson In The Amount Of $60,590.72. b. Rejection Of Bids For A 1250 Gallon Fire Pumper Engine And Authorization To Purchase Through Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program, In The Amount Of $292,511 .00. 12. Other Council Matters: a. Discussion Regarding Eight Liner Machines. b. Discussion Regarding Redistricting Advisory Committee. c. Discussion Of Items Of Concern To Members Of The City Council. d. Staff/Council Discussion. e. Executive Session: (1) Consider Qualifications Of Possible Appointees To Wichita Falls Economic Development Corporation, 4B Sales Tax Corporation, Board Of Electrical Examiners, Landmark Commission, Planning And Zoning Commission, Wichita County/City Hospital Board, Helen Farabee Regional MHMR Centers Board Of Trustees, Wichita-Wilbarger 9-1-1 District And Zoning Board Of Adjustment As Authorized By Section 551.074 Of The Texas Government Code. a. Appointments To Boards & Commissions To Wichita Falls Economic Development Corporation, 4B Sales Tax Corporation, Board Of Electrical Examiners, Landmark Commission, Planning And Zoning Commission, Helen Farabee Regional MHMR Centers Board Of Trustees, Wichita-Wilbarger 9-1-1 District, Zoning Board Of Adjustment, Arts Commission, Clean Community Commission, Commission On Highway Transportation Needs, Housing Authority, And Library Advisory Board. City Council Agenda Tuesday, August 7, 2001 Page 5 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