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Min 08/21/2001 401 Wichita Falls, Texas Memorial Auditorium Building August 21, 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 Johnny Burns - Harold Hawkins - James Berzina - City Manager Bill Sullivan - Acting City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Pastor Jim Bowden, University United Methodist Church, gave the invocation. Item 3 Mark Inman of Inman Insurance Company presented Fire Marshall David Collins a check in the amount of$1500 to use in their Safety Prevention Program. Mayor proclaimed the week of August 19-25, 2001 as "Community Health Centers Week" in Wichita Falls. He urged citizens to recognize the improvements of health care in Wichita Falls by the Community Health Care Center. Mrs. Phyllis Hiraki accepted the proclamation. Item 4 Susan Dever spoke through an interpreter for the deaf. She mentioned some concerns regarding the treatment of deaf persons at United Regional Hospital, Certainteed and a police officer answering a disturbance call. She stated that the Police Department should know about ADA and know how to work with deaf people. She requested that the Council help her by letting people know how to deal with deaf people. Billy (no last name) spoke thought an interpreter. He stated that he is deaf and blind and that he has safety concerns about deaf and blind people in Wichita Falls. He mentioned some situations that he experienced while out walking and shopping in the community. He asked that information be provided on people with disabilities so that citizens will be aware of their needs and use caution and consideration when in sight of a person with disabilities. He thanked Council for listening. Mrs. Dever thanked Council for listening and said she hopes this will help the citizens and the persons with disabilities in using ADA in the community. Oscar Dominguez, owns property at 6036 N.W. Freeway, stated that he had come before the Council regarding a sidewalk waiver and had not received an answer. Mr. Clark 402 Item 4 continued informed that Planning has reviewed this and Mr. Dominguez will not have to provide a sidewalk on this property. Item 5 The Minutes were approved as distributed. Item 6a-7d City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Altman questioned if a bid could be rejected under the Consent Agenda without a motion on the record. Acting City Attorney stated that it would be better to reject the bid with a motion and then a vote on that motion. Moved by Councilor Altman that the consent agenda be approved with the exception of Item 6a. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 6b Bid was awarded to Rehrig Pacific in the amount of $12,903.00 for the purchase of roll out yard waste carts for fiscal year 2001 with an option to purchase additional yard waste carts in the amount of$39,100.00 in fiscal year 2002. Item 7 Minutes of the following board and commission meetings were received. a. Construction Board of Adjustment and Appeals —April 19, 2001 b. Construction Board of Adjustment and Appeals —June 11, 2001 c. Construction Board of Adjustment and Appeals — July 30, 2001 d. Wichita Falls Traffic Safety Commission —June 6, 2001 Item 6a Moved by Councilor Altman to reject the bids for the purchase of 1000 roll out refuse carts and authorize the purchase from Houston-Galveston Area Council (HGAC) in the amount of $36,698.00. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 8a A proposed ordinance was presented waiving Appendix A, Subdivision Section 9 (B) (2) (a) with respect to placing curb and gutter on Wesley Drive and Old Iowa Park Highway, Lot 16-A, Dobson and Roop Subdivision. 403 Item 8a continued Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Esther. J.R. Brown, applicant, explained that he wanted to sell this property and in order to do that he had to replat which requires curb and gutter. He already has a buyer with a set price that does not include the cost of curb and gutter; therefore he is asking Council for a waiver. The request for a waiver was discussed at length. The current policy was explained to Mr. Brown. Staff noted that prior to adoption of the current policy numerous requests for waivers had been received by the City. In 1997 Council adopted the current policy of setting up an escrow fee and that money can be used at the appropriate time to put in curb and gutter. This has worked well and Staff recommends that this request be denied. City Manager commented that this policy was adopted because most of the streets are built by the developers which means people on those lots are paying the total cost of the street in front of their house. Now you are asking them to join the effort to build the street and curb and gutter in front of someone's house who has paid nothing for it. That is why Council went with this policy. Are you trying to have a system where you can build streets and sidewalks as well as the curb and gutter portion of it? Councilor Altman commented that everyone that subdivides over a period of time in that area will be paying the equivalent cost that other people in other subdivisions paid when the property was developed. There will be some people that the City will pay for because they never subdivided. Over a long period of time as opposed to one particular instance those that are developing or subdividing the property like other folks do throughout the City will pay the cost equitably. Staff noted that curb and gutter is a function of subdivision regulations. Mr. Brown stated that he would pay the escrow if he were going to get the curb and gutter. He just wanted two separate deeds in order to sell one of the lots. Motion failed by the following vote. Ayes: Mayor Lueck Nays: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Item 8b ORDINANCE NO. 77-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 82-63 OF THE WICHITA FALLS CODE OF ORDINANCES TO ALLOW FOR THE POSTING OF SIGNS IN LUCY PARK FOR AN EVENT SPONSORED BY THE MULTIPLE SCLEROSIS SOCIETY ON SEPTEMBER 8, 2001; 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. 77-2001 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 404 Item 8c ORDINANCE NO. 78-2001 ORDINANCE MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH 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 Councilor Hawkins stepped out of Council Chambers. Moved by Councilor Williams that Ordinance No. 78-2001 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 Item 8d ORDINANCE NO. 79-2001 ORDINANCE WITH RESPECT TO PROPOSED AMENDMENTS TO BOND ORDINANCES; AND APPROVING SAME; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY Moved by Councilor Williams that Ordinance No. 79-2001 be passed. Motion seconded by Councilor Esther. Mr. Murphy Davis, Sentry Management, stated that there are a couple of things that we are suggesting that we think will benefit the City. Mr. Davis explained that the proposed amendments would allow the City an option to purchase a surety policy in lieu of maintaining the cash reserve fund under the bond covenants. This is a common form of reserve and is often advantageous. He informed that the insurance companies insuring the bonds and the Water Development Board have approved these amendments. Councilor Hawkins returned to Council Chambers. Mr. Rick Porter of McCall, Parkhurst, Horton, discussed the proposed amendments and ordinances. Changes have been made since the City refunded the outstanding revenue debt for the Water & Waste Water System in 1986. There have been a number of changes in law and industry practice that can be of benefit to the City. The two proposed changes in this ordinance are: 1) it would allow the City to use an insurance policy in the reserve fund in place of cash and investments; 2) when we refund debt if we are not able to pay the bonds off immediately because they are then not subject to redemption. The bond proceeds are placed in an escrow and invested at those amounts and designed to produce an income stream to satisfy debt service requirements under bonds refunded until they can be called for redemption. State law has broadened the types of investments that can go in there and are beneficial to the City if we do another refunding. State law also changed to grant some further rights with respect to refunded bonds. Those need to be incorporated into all the old ordinances in order to be able to exercise those rights. This ordinance directs the giving of notice to outstanding bondholders. If adopted we will send notice to the bondholders, rate agencies, and insurance companies requesting their consent to this. Mr. Porter continued. The next item on the agenda is the bond issue itself and as a condition to purchasing the bonds the new bondholders will be consenting to these amendments also. The requirements of the ordinance that you are currently operating under require 51% consent to an amendment and the new bonds will constitute about 66% of all your bonds so you will not need to get consent from any other bondholders. We will go through the process to solicit their consents. Within 30 days after given those notices we will ask Council to come back and formally adopt the amendments. The action this morning is simply to give notice to enact the amendments. 405 Item 8d continued Councilor Altman noted for clarification purposes that pages 5-15 in the council agenda book are council bill number 192, which is what Council has been discussing, but are not actually labeled as council bill number 192. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 8e ORDINANCE NO. 80 -2001 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS WATER AND SEWER SYSTEM PRIORITY LIEN REVENUE BONDS, SERIES 2001; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING AN OFFICIAL STATEMENT; DECLARING AN EMERGENCY; AND AUTHORIZING OTHER MATTERS RELATED THERETO Moved by Councilor Hawkins that Ordinance No. 80 -2001 be passed. Motion seconded by Councilor Esther. Councilor Altman noted that council bill number 193 is the 53-page document with a four- page table of contents that was distributed with the council agenda, separately and unbound, but not specifically labeled as council bill number 193. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 9a RESOLUTION NO. 95-2001 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR LEASE OF SPACE AT THE WICHITA FALLS MUNICIPAL AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 95-2001 be passed. Motion seconded by Councilor Williams. Councilor Altman referred to page 5 of 21 in the council agenda book and asked if the notice should be thirty or ninety days. Mr. Robert Parker replied that it should be ninety days. Moved by Councilor Altman to correct page 5 of 21 to reflect ninety days instead of thirty days. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. 406 Item 9a continued Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 9b RESOLUTION NO. 96 -2001 RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $20,000 FOR THE PURCHASE OF WOOD-CHIPPER TO EXPAND THE COMPOSTING PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 96-2001 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 10a Moved by Councilor Altman to accept the following bids for the City's insurance program. Texas Municipal League Boiler and Machinery $4,989 Barnard Insurance Group Building and Contents $65,220 Extra Expense Included Barnard Insurance Group Electronic Equipment Included Claims Administrative Services, Inc. Excess Workers' Compensation $31,166 Total Premium Costs $101,375 Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 10b RESOLUTION NO. 97-2001 RESOLUTION TO AWARD BID AND EXECUTE CONTRACT FOR THE KOVARIK ROAD AREA WATERLINE IMPROVEMENTS PROJECT; 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.97-2001 be passed. Motion seconded by Councilor Hawkins. Extension of the waterline to Wellington, F.M. 367 and Kiel Road was discussed. Staff recommended that Council let a different contract on these locations because it is a different worksite and different conditions. Staff also recommended that the dead-end line not be extended but looped at Old Iowa Park Road to get into the central pressure plane facility water tower. Staff 407 Item 10b continued noted that the cost would be $120,000 and reminded Council that the City has a $40,000 obligation to do F.M. 367. City Manager stated that there has to be a clear distinction that you may not be responsible to lay this type of line because you did not take over a water system. It would be problematic and troublesome if you just started laying lines basically where the appeals are being made from. There have been requests for water in some of the other annexed areas as well. Then Council is put in the position of picking and choosing where to lay the lines. This may be more of a convenience to the City than to the people who live there because of looping the line. Otherwise, you make it difficult on yourselves to fund all the other requests and you may make future annexations impossible if you lay out as a standard that you are going to lay waterlines everywhere you annex. That is not a requirement. To do projects like you are talking about we need to talk about why it is important to the City. Councilor Williams stated that there were extenuating circumstances on Wellington Road and asked that Staff look into what could be done out there. City Manager commented that you can run waterlines everywhere but it is important to stay as close as you can to your policy. Councilor Altman suggested accepting the bid of Bowles Construction for this project and have Staff come back with bids on both projects, F.M. 367 and Wellington Road. Council can consider those at that time and decide how to allocate the money and decide if we want to do one or both projects. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None City Council recessed at 10:10 a.m. and reconvened at 10:25 a.m. Item 10c RESOLUTION NO. 98-2001 RESOLUTION TO AWARD BID AND EXECUTE CONTRACT FOR THE 2001 STREET RESURFACING PROJECT, PHASE Il; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 98-2001 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 10d RESOLUTION NO. 99-2001 RESOLUTION TO AWARD BID AND EXECUTE CONTRACT FOR THE ANAEROBIC DIGESTER AND CLARIFIER RECOATING PROJECT; FINDINGAND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 99 -2001 be passed. 408 Item 10d continued Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 10e Councilor Altman commented that from the survey results Ferrara is still currently having cracking of the HME Chassis and that is a risk we do not want to take. Moved by Councilor Hawkins to purchase a 1250-gallon pumper engine from Pierce Manufacturing in the amount of$295,182.00 through Houston-Galveston Area Council. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 11 a Councilor Ammons commended Mr. Bonnett on street repairs. She mentioned that in Houston citizens can email the City to inform about potholes in their neighborhood. Mr. Bonnett will look into this. Councilor Esther stated that he was part of a presentation made by our Staff over the weekend and he was very proud how it was handled. Councilor Hawkins was glad that some of the streets were going to be resurfaced and he cautioned the citizens to use an alternate route in order to avoid getting tar on their vehicles. Councilor Esther asked about beautification plans in the underpass on Maurine Street. Mr. Parker informed that that was an interstate project but he will check with TXDOT to ask about any beautification plans. City Manager asked about street repairs. Mr. Parker reported that a bid price is being obtained to repair 7th Street between Holiday and Broad Streets. Also, Holiday Street from 6th Street to 81h Street will be resurfaced, and 6th Street to Austin Street is scheduled to be repaired, as well as the parking lot. Councilor Hawkins asked that the City follow through on street cleanliness. He mentioned specifically the corner of Eastside Drive and 7" Street and asked that the possibility of placing a dumpster there be looked into. Mr. Bonnett will look into that. Councilor Altman noted that in Germany they go to great efforts to maintain their cleanliness. All of their trash containers have lids on them and they begin educating in grade school on the importance of protecting the environment. He suggested starting some type of program or emphasis on cleaning up our town and changing the habits of those that are prone to litter. Make some concerted effort to improve the cleanliness of our streets and work with the school district to start some education program. Councilor Esther commented that the eastside has been neglected for a long time and he suggested that the Clean Community Commission look into creating a program to keep our City clean. Councilor Williams stated that we need to remind citizens to be mindful of those with disabilities. She requested that Legal and Personnel see what can be done to help the Police Department to expedite the problem of interpreting, especially with the deaf. Chief Coughlin informed that they have a system in place and they just have to call and it can be relayed out to the officer. If there is a family disturbance and the deaf person is involved, the police officer is not going to allow them at that point to get on a Teletype and be talking. The officer may be separating 409 Item 11 a continued the parties who are involved in a hostile action toward each other. The officers have to go into the mindset of the safety of the officers and all those involved. At that time they are working to relieve the situation at hand. Councilor Williams suggested that someone contact Mrs. Susan Devers to inform her what is actually available. Mrs. Stricklin informed that prior to Council meeting she had informed Mrs. Devers about what was available and what was required under Federal law. The Commission on Human Needs has provided a lot of education to a lot of agencies that deal with persons who come under ADA. We will ask the Commission on Human Needs to begin working on a public education program that will allow those who are covered by ADA and those who must provide those services. Councilor Altman commented that he reviewed the Open Meetings Act following some discussion at the end of the last Council meeting regarding Council conduct. He concluded that if a citizen brings up the conduct of individual council members as opposed to items that council would take action on, a discussion by any council member is not subject to the Open Meetings Act. In addition, any Council member can reply and Council can enter into that generalized discussion which is not likely to lead to a vote on a specific issue. Acting City Attorney concurred that this was a fair summary of the provisions under the Open Meetings Act. Councilor Altman clarified that if a citizen makes allegations with regard to the conduct of the council and members thereof, the council can discuss that and it is not subject to an agenda restriction under the Open Meetings Act. Mayor said that he had a problem with going into executive session to deliberate the appointment of a city attorney when he and several other council members were not aware of the fact that there were other applicants until they read it in the newspaper. Councilor Altman noted that Council was going to deliberate and Council could either make an appointment or not after their deliberation. Councilor Burns reminded that a Council sub-committee had been appointed to search for a city attorney. Item 11 b There were no Staff reports. Item 11 c Each Council member nominated two representatives from their respective districts and the Mayor and Councilor at Large nominated one each to serve on the City Council Redistricting Advisory Committee. Councilor Ammons, District 1, nominated Mr. Lee Grace and Mrs. Dawn Murer. Councilor Ammons first nominated Mr. Joel Jimenez, however, the City Manager explained that since Mr. Jimenez is a City employee the Council would be allocating the use of City personnel and Council cannot do that. He also stated that this would be putting a City employee in a potential conflict situation between the Council and a City employee. Councilor Esther, District 2, nominated Mr. Forrest Ward, Jr. and Mr. James Armendarez. Councilor Altman, District 3, nominated Mr. Bill Thacker and Mr. Warren Ayres. Councilor Burns, District 4, nominated Mr. Andy Austin and Mr. Ted Buss. Councilor Hawkins, District 5, nominated Mr. Tom Cross and Mrs. Ann Kisor. Councilor Hawkins stated that Mrs. Kisor is handicapped and in the event she is unable to serve he nominated Mrs. Kay Brasher as her alternate. Councilor Williams, Councilor At-Large, nominated Mr. Theodore Drummond. 410 Item 11 c continued Mayor Lueck nominated Mrs. Ruby Ditto. Moved by Councilor Williams that the above nominated persons be appointed to serve as the City's Redistricting Advisory Committee including the proviso that if Mrs. Ann Kisor is unable to serve that Mrs. Brasher be named as her alternate. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 11d City Council went into Executive Session at 11:15 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:38 a. m. Mayor stated that no votes had been taken in Executive Session. Item 11e Moved by Councilor Altman that on behalf of the Council subcommittee appointed to search for a city attorney that Mr. Bill Sullivan be appointed as City Attorney at Range 38 and Step H. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Newly appointed City Attorney thanked the Council and the subcommittee for their courtesies during the interview process. He said he would give his best and he looks forward to working with everyone. Item 12 Mayor stated that Council would now go into a work session to discuss the 2001-02 preliminary budget for the City of Wichita Falls. He noted that Council would be recessing at the end of each day and reconvening the following day for the next three days as needed. City Council recessed at 11:46 a.m. and reconvened at 12:50 p.m. to begin the budget work session. City Manager gave an overview of the budget and Mr. Jim Dockery presented fund and expenditure information. Debt service, personnel services, above current requests and personnel issues were discussed. Figures to accommodate the needs and requests were also discussed. The following were issues that Council suggested be looked into by Staff. Burns — Contact the County on the Cypress Bridge Construction match, Altman — Have elevator bidders present a proposal as to what is needed, Altman —Audit of the Police Department, Williams —20-year retirement Moved by Councilor Altman to recess until 2:30 p.m. on Wednesday August 22, 2001. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins 411 Item 12 continued Nays: None City Council recessed at 5:20 p.m. on August 21, 2001. Item 13 City Council reconvened at 2:40 p.m. on August 22, 2001 to continue the budget work session. Council members presented their plans on how to address the personnel issues. Moved by Councilor Altman to adopt the following proposed budget figures. From General Fund Equity: $181,500— L.E.D. Signals $ 45,924— Four part-time warrant officers/Municipal Court $227,424—TOTAL Changed Expense Items: $616,886 - Employees—2% across the board pay increase $134,794 - Fire—Additional 2% pay increase $148,440 - Police—Two additional officers including equipment $ 84,338 - Fire Pension - Raise pension contribution to 10.46 plus life benefit .46 for a total of 10.92 $111,916 - Hard to Hire - Staff to determine where need is greatest and apply funds $ 10,000 - Legal — Part-time clerk $47,508 - Information Systems—One analyst $ 18,588 - Health -Animal Control overtime $1,172,470 -TOTAL The changed expense items would be funded as follows: $729,295 -Available Funds $226,193 - Raise tax collection from 97.5% to 99% $216,982 -Adjust sales tax summing an increase in the budget of 2% $1,172,470 - TOTAL (Gives the corresponding revenue increase to match the expense.) Councilor Ammons stepped out of Council Chambers. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins Nays: None Councilor Ammons returned to Council Chambers. Item 14 A proposed resolution was presented expressing the City Council's intent to place a proposal on a future council agenda approving a property tax rate that exceeds the notice and public hearing limit; scheduling a public hearing, and establishing the date to vote on same. Moved by Councilor Hawkins to table proposed resolution. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 412 It was noted that a public hearing would be held at the next Council meeting and ordinances to adopt the proposed budget would be presented. City Council adjourned at 4:35 p.m. PASSED AND APPROVED this _day of `. 1 2 00 1. RRY LUECK MAYOR ATTEST: Lydia Torres City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, August, 21 , 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: Pastor Jim Bowden University United Methodist Church 3. Presentations: Allstate Foundation Fire Prevention Grant 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. Award of Bids: a. Rejection Of Bids For The Purchase Of 1000 Roll Out Refuse Carts And Authorization To Purchase From Houston-Galveston Area Council (HGAC) In The Amount Of $36,698.00. b. 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 Carts In The Amount Of $39,100.00 In Fiscal Year 2002. 7. Receive Minutes: City Council Agenda Tuesday, August, 21, 2001 Page 2 a. Construction Board of Adjustment and Appeals — April 19, 2001 b. Construction Board of Adjustment and Appeals — June 11 , 2001 c. Construction Board of Adjustment and Appeals — July 30, 2001 d. Wichita Falls Traffic Safety Commission — June 6, 2001 REGULAR AGENDA 8. Ordinances: a. Ordinance Waiving Appendix A, Subdivision Section 9 (B) (2) (A) Of The Code Of Ordinances With Respect To Placing Curb And Gutter On Wesley Drive And Old Iowa Park Highway, Lot 16-A Of The Dobson And Roop Subdivision. (City Council Bill #189) b. Ordinance Waiving Section 82-63 Of The Wichita Falls Code Of Ordinances To Allow For The Posting Of Signs In Lucy Park During An Event By The Multiple Sclerosis Society September 8, 2001 In Lucy Park. (City Council Bill #190) c. Ordinance Making Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #191) d. Ordinance With Respect To Proposed Amendments To Bond Ordinances; And Approving Same; Providing An Effective Date, And Declaring An Emergency. (City Council Bill #192) e. Ordinance Authorizing The Issuance And Sale Of City Of Wichita Falls, Texas Water And Sewer System Priority Lien Revenue Bonds, Series 2001; Authorizing The Execution Of A Bond Purchase Agreement And A Paying Agent/Registrar Agreement; Approving An Official Statement; Declaring An Emergency; And Authorizing Other Matters Related Thereto. (City Council Bill #193) 9. Resolutions: City Council Agenda Tuesday, August, 21, 2001 Page 3 a. Resolution Approving And Authorizing The City Manager To Execute A Lease Agreement With The Federal Aviation Administration For Lease Of Space At The Wichita Falls Municipal Airport. (City Council Bill #194) b. Resolution Accepting A Grant In The Amount Of $20,000 For The Purchase Of A Wood-Chipper To Expand The Composting Program. (City Council Bill #195) 10. Award of Bids: a. Award Of Proposal For The City's Insurance Program. b. Resolution To Award Bid And Execute Contract For The Kovarik Road Area Waterline Improvements Project. (City Council Bill #196) c. Resolution To Award Bid And Execute Contract For The 2001 Street Resurfacing Project, Phase II. (City Council Bill #197) d. Resolution To Award Bid And Execute Contract For The Anaerobic Digester And Clarifier Recoating Project. (City Council Bill #198) e. Survey Results Of Ferrara Fire Apparatus Inc. And Pierce Manufacturing Inc., And Authorization To Purchase A 1250- Gallon Pumper Engine Through Houston-Galveston Area Council As Directed By City Council. 11 . Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Appointments To The Redistricting Advisory Committee. d. Executive Session (1)Deliberate The Appointment To The Position Of City Attorney As Authorized By Section 551.074 Of The Texas Government Code e. Appointment of City Attorney 12. Work Session on the 2001-02 Preliminary Budget. City Council Agenda Tuesday, August, 21, 2001 Page 4 13. Recess and Re-convene For Budget Work Session Wednesday, August 22, 2001 At 8:30 a.m. And Thursday, August 23, 2001 At 8:30 a.m., If Necessary 14. Resolution Expressing The City Council's Intent To Place A Proposal On A Future Council Agenda Approving A Property Tax Rate That Exceeds The Notice And Public Hearing Limit; Scheduling A Public Hearing, And Establishing The Date To Vote On Same. (City Council Bill #199) 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