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Min 09/04/2001 413 Wichita Falls, Texas Memorial Auditorium Building September 4, 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 - City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Chaplain Samuel Lockhart, Sheppard Air Force Base, Chapel 1, gave the invocation. Item 3 Mayor proclaimed September 9-15, 2001 as "Tri-Transit Week" in Wichita Falls and urged residents to use the transit system in our City. Mayor proclaimed September 10, 2001 as "Kirby Junior High School Day" and asked citizens to join the parents, staff and Kirby Junior High students in their celebration of this school's great achievements. Kirby Junior High School has been a Texas Mentor School, a Texas Title VI- Carnegie Middle School Project School, a Total Quality School, was named a Magnet School of Merit by the Magnet Schools of America, and named the #1 Magnet School in Texas and in America, and has received numerous other awards for its outstanding commitment to excellence. Mrs. Diane Taylor and Bob Brotherton, Kirby Junior High School student representative accepted the proclamation. Mr. Elmer Emory, Kiwanis Club, presented the City a check in the amount of$5,000, proceeds from the Kiwanis Park concession. These funds will go to improve the Kiwanis Park playground equipment. Mr. Michael Graddy, Fire Fighter, was recognized as Employee of the Month for the month of September. Mayor presented Fireman Graddy with a plaque, dinner for two, and theater passes. Item 4 Larry Robinson, 5483 Huntington Lane, stated that the only service provided in the newly annexed area is trash collection therefore he is against the storm water tax. He will not pay the tax and he has made other arrangements for his trash collection. David Brock, 1819 Hines, stated that he had been denied a livestock permit after complying with City requirements and he wanted to know what grounds and basis the Legal Department has for denying him this permit. He also wanted to know who was going to reimburse him for the 414 Item 4 continued expenditures to comply with City requirements since he was denied a permit. Mr. Brock was directed to put his complaints and concerns in writing to the Council. Emily Brock through an interpreter stated that the Wichita Falls economy is languishing and she thought that the "bullet train" is something that should be considered to help the economy in our community. Richard Graham, 1340 N. Saratoga Trail, said that he was still confused after last Tuesday's joint meeting with the Construction Board of Adjustment and Appeals, and he wanted clarification before he takes his money elsewhere. He mentioned his concerns with the bonding and licensing requirements and felt that the City's definition of"contractor" was too encompassing. Item 5 The Minutes were approved as distributed. Item 6a-8b City Manager gave a briefing on the items listed under the Consent Agenda. Mayor requested that Item 6a be moved to the Regular Agenda. Moved by Councilor Hawkins that the consent agenda be approved with the exception of Item 6a. 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 7a Bid was awarded to Wichita Falls Freightliner in the amount of $260,058.00 for the purchase of six each 2-Ton cab and chassis. Item 8a Minutes of the following board and commission meetings were received. a. Wichita Falls/Wichita County Public Health Board —June 22, 2001 b. Landmark Commission —July 27, 2001 Item 6a RESOLUTION NO. 100-2001 RESOLUTION APPROVING THE ASSIGNMENT OF THE LEASE AGREEMENT FOR BUILDING NO. 90, KICKAPOO AIRPARK TO DARROLD A. CANNAN, JR., WAIVING THE CITY'S RIGHT OF FIRST REFUSAL TO PURCHASE THE LEASED PREMISES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS; 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. 100-2001 be passed. Motion seconded by Councilor Burns. 415 Item 6a continued Mayor asked what the City was going to receive. Mr. Robert Parker informed that we should be receiving over$200. It was noted that Mr. Estes had put his request in writing for a ten-year lease extension. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 9a A public hearing was held for the FY 2001/2002 transit grant for capital, planning and operating assistance for the Wichita Falls Transit System. Mayor declared the public hearing open. Mrs. Karen Montgomery-Gagne provided information on the FY-2002 Project Funding for the Wichita Falls Transit System. Mayor called for additional public comments. There being none, the Mayor declared the public hearing closed. Item 9b A public hearing was held on the 2001-02 preliminary budget. Mayor declared the public hearing open. City Manager informed that the FY-2001-2002 Budget would be $107 million. He noted that changes have been made as requested by Council during the budget work sessions. The tax rate has remained the same. Mayor called for additional public comments. There being none, the Mayor declared the public hearing closed. Item 10a ORDINANCE NO. 81-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002, AND APPROVING REVISIONS TO THE 2000-01 BUDGET; DECLARING AN EMERGENCY; 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. 81-2001 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 416 Item 10b ORDINANCE NO. 82-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, LEVYING, ASSESSING, AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE WICHITA FALLS MUNICIPAL GOVERNMENT AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE 2001-02 FISCAL YEAR; DECLARING AN EMERGENCY; AND 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. 82-2001 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 Item 10c ORDINANCE NO. 83-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 70-33 OF THE WICHITA FALLS CODE OF ORDINANCES, INCREASING THE NUMBER OF CLASSIFIED PERSONNEL IN THE POLICE DEPARTMENT; 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. 83-2001 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 Item 10d ORDINANCE NO. 84-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATION FOR ADDITIONAL GRANT REVENUE RECEIVED FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY/UNITED STATES FIRE ADMINISTRATION ASSISTANCE TO FIREFIGHTER GRANTS PROGRAM FOR THE PURCHASE OF FIREFIGHTER TURNOUT CLOTHING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUIBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 84-2001 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 417 Item 10e ORDINANCE NO. 85-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTIONS 82-58, 82-62, 82-63, 82-64, 82-68, AND 14-384(A) OF THE CODE OF ORDINANCES TO PERMIT THE DRIVING OF VEHICLES OR ANIMALS IN PARKS; THE SALES OF GOODS OR WARES IN PARKS; SIGNS AND OTHER ADVERTISING DEVICES IN PARKS; THE TETHERING OR PASTURING OF ANIMALS IN PARKS; THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN PARKS; AND THE GIVING OF GOLDFISH AS A PRIZE OR INDUCEMENT; DURING FALLS FEST IN LUCY PARK ON SEPTEMBER 28-29, 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 Esther that Ordinance No. 85-2001 be passed. Motion seconded by Councilor Williams. Councilor Burns stepped out of Council Chambers. Larry Robinson, 5483 Huntington Lane, stated that we are either going to have the ordinances or we are not. He mentioned Mr. Sidney Smith's request for a motorized golf cart on the park trails and stated that we should be able to make concessions for handicapped persons with motorized golf carts since it is so easy to waive ordinances for Falls Fest. David Brock, 1819 Hines, said that this was the best entertainment for the money and some organization should do something like this in the spring. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Councilor Burns returned to Council Chambers. Item 11 a 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 Altman that proposed resolution be passed. Motion seconded by Councilor Burns and failed by the following vote. Ayes: None Nays: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Item 11 b RESOLUTION NO. 101-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING A GRANT FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $50,000.00 FOR THE CONSTRUCTION OF THE JAYCEE PARK TRAIL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 418 Item 11 b continued Moved by Councilor Williams that Resolution No.101-2001 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 Item 11 c RESOLUTION NO. 102-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE TEXAS WORKFORCE COMMISSION, CHILD CARE, INC. AND THE YMCA TO PROVIDE MATCHING FUNDS FOR CHILD CARE ASSISTANCE; 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. 102-2001 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 11 d RESOLUTION NO. 103-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING ONE ADDITIONAL FLOATING HOLIDAY FOR CITY EMPLOYEES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Resolution No. 103-2001 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 e RESOLUTION NO. 104-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN EXPENDITURE OF $26,000.00 FROM THE WICHITA FALLS POLICE DEPARTMENT'S SEIZED FUNDS ACCOUNT FOR THE REPAIR AND UPGRADE OF THE DEPARTMENT'S EXISTING COMPUTER HARDWARE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 104-2001 be passed Motion seconded by Councilor Williams and carried by the following vote. 419 Item 11 a continued Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 12a Councilor Burns asked that Staff provide a brief explanation of the employee's extra floating holiday. Mrs. Jan Stricklin informed that instead of seven paid holidays the employees would be receiving eight paid holidays, which includes the floating holiday approved by Council today. This gives the employee the opportunity to select when to take the floating holiday. This is done basically at no cost to the City. Councilor Altman thanked the City Manager and Staff for the work on the budget. This year the process began in May giving the Council more time to evaluate the information provided to them. The lead-time was very helpful in working on this year's budget and it was a very satisfactory process. Councilor Esther mentioned the joint meeting with the Construction Board of Adjustment and Appeals and asked if Staff was working on that issue. Mr. Clark informed that they are scheduling a meeting with the Board in order to further their recommendation to Council. Councilor Esther hopes that it will be in the interest of the property owner where they can do work on their own property. Councilor Hawkins asked that Staff paint the concrete around the flowerbeds with reflective paint on both ends of Missile Road at Sheppard Air Force Base and that the rest of the City be checked to see if other areas need the same maintenance. Councilor Williams asked that broken water mains be reported to the City and if not repaired in a fair amount of time that Council be contacted. She suggested that the television stations do the same. Mayor thanked Councilor Altman for his comment regarding the lead time on the budget and he agreed that it has worked better. Item 12b City Manager gave a status report on the MPEC Coliseum. The City Council adjourned at 9:50 a.m. PASSED AND APPROVED this IF day ofL+-� OJJOA_2001. ERRY 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, September 4, 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: Chaplain Samuel Lockhart Sheppard Air Force Base, Chapel 1 3. Presentations: Employee Of The Month 4. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) 5. Approval of Minutes CONSENT AGENDA 6. Resolutions: a. Resolution Approving Assignment Of The Lease Agreement For Building No. 90, Kickapoo Airpark To Darrold A. Cannan, Jr. And Authorizing The City Manager To Execute The Necessary Documents. (City Council Bill #200) City Council Agenda Tuesday, September 4, 2001 Page 2 7. Award of Bids: a. Award Of Bid For The Purchase Of Six (6) Each 2-Ton Cab & Chassis To Wichita Falls Freightliner In The Amount Of $260,058.00. 8. Receive Minutes: a. Wichita Falls/Wichita County Public Health Board — June 22, 2001 b. Landmark Commission — July 27, 2001 REGULAR AGENDA 9. Public Hearings: a. Public Hearing For The FY 2001/2002 Transit Grant For Capital, Planning And Operating Assistance For The Wichita Falls Transit System. b. Public Hearing On The 2001-02 Preliminary Budget. 10. Ordinances: a. Ordinance Adopting The Annual Budget For The Fiscal Year Beginning October 1 , 2001 And Ending September 30, 2002, And Approving Revisions To The 2000-01 Budget. (City Council Bill #201) b. Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And Support Of The Wichita Falls Municipal Government And Providing For The Interest And Sinking Fund For The 2001-02 Fiscal Year. (City Council Bill #202) c. Ordinance Amending Section 70-33 Of The Code, Increasing The Number Of Classified Personnel In The Police Department. (City Council Bill #203) d. Ordinance Making Appropriation For Additional Grant Revenue Received From The Federal Management Agency/Assistance To Firefighter Grants Program For The Purchase Of Firefighter Turnout Gear. (City Council Bill #204) City Council Agenda Tuesday, September 4, 2001 Page 3 e. Ordinance Waiving Sec. 22-1(A)(2) And Sec. 22-4 Of The Code Of Ordinances To Permit Horses On The Grounds And Alcoholic Beverages In Lucy Park During Fallsfest On September 28 And 29, 2001 . (City Council Bill #205) 11 . Resolutions: a. 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 #206) b. Resolution Accepting A Grant From The Texas Parks And Wildlife Department In The Amount Of $50,000.00 For The Jaycee Park Trail. (City Council Bill #207) c. Resolution Authorizing The City Manager To Execute Contracts With The Texas Workforce Commission, Child Care, Inc. And The YMCA To Provide Matching Funds For Child Care Assistance. (City Council Bill #208) d. Resolution Authorizing One Additional Floating Holiday For City Employees. (City Council Bill #209) e. Resolution Authorizing The Acceptance Of Seized Funds For The Procurement Of Computers In The Amount Of $26,000.00. (City Council Bill #210) 12. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 13. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. City Council Agenda Tuesday, September 4, 2001 Page 4 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