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