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Min 09/18/2001 424 Wichita Falls, Texas Memorial Auditorium Building September 18, 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. City Clerk Lydia Torres gave the invocation. Item 3 Ms. Judith McGinnis, representing Friends of Lucy Park, presented a pilot program for citizen park support of Lucy Park. The purpose of the program is to involve neighborhoods and park users in support of improving and sustaining park facilities. Fundraisers would benefit Lucy Park projects. This is something they want to do for the City on an on-going basis. Mr. Glenn Jamison informed that the Park Board was in favor of this and he read a resolution that was prepared by the Park Board. Item 4 Larry Robinson, 5483 Huntington Lane, made some suggestions to the project presented by Mrs. McGinnis. He suggested setting up a dog area in the park and a handicap trail. David Brock, 1819 Hines, complained about Mr. Roy Ressell having a personal agenda. He stated that Mr. Ressell changed requirements on a whim. He wanted to charge him an extra $10 for a re-inspection to obtain an agriculture permit. He said he was losing money because he was not able to use his land but he was not going to pay the $10. Item 5 The Minutes were approved as distributed. Item 6a-8b City Manager gave a briefing on the items listed under the Consent Agenda. 425 Item 6a-8b continued Mayor requested that Item 6a be moved to the Regular Agenda. City Manager recommended that Item 6b be removed from the agenda in order to take care of some things before bringing it to the Council. Moved by Councilor Hawkins that the consent agenda be approved with the exception of Item 6a and Item 6b. 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 6c RESOLUTION NO. 106-2001 RESOLUTION TO APPROVE JOINT FUNDING AGREEMENT WITH U.S. GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR CONTENT GAUGING STATIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6d RESOLUTION NO. 107-2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAPPOINTING SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7 Bid was awarded to Lasseter Bus & Mobility in the amount of $134,774.00 for the purchase of a medium duty transit bus. Item 8 Minutes of the following board and commission meetings were received. a. Wichita Falls Park Board —August 23, 2001 b. Wichita Falls Traffic Safety Commission —August 1, 2001 Item 6a RESOLUTION NO. 105 -2001 RESOLUTION AUTHORIZING AN AGREEMENT WITH HABITAT FOR HUMANITY OF WICHITA FALLS TO FACILITATE THE CONDITIONS FOR THE TRANSFER OF CITY-OWNED PROPERTY AT 813, 901, AND 913, GERALD STREET AND 814 AND 816 CHANCE STREET FOR THE CONSTRUCTION OF NEW HOUSING AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE DEEDS TO TRANSFER TITLE; 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. 105-2001 be passed. Motion seconded by Councilor Williams. Mr. Dave Clark provided information on this program and showed a map with the proposed and ongoing Habitat for Humanity projects. This program has been a win-win situation and is 426 Item 6a continued working extremely well. Mr. Dan Gray, Habitat Executive Director, gave detailed information of the individual lot projects. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Councilor Altman called a point of parliamentary inquiry regarding Item 6d. In order to protect the integrity of Municipal Court, he asked if it would be appropriate to have a statement in the minutes by the Mayor making that appointment? City Attorney stated that it would be appropriate to have that in the record. He added that it should be structured so that the Mayor makes a recommendation with the consent of the Council to make that appointment. Mayor appointed Dan Tompkins as the Substitute Judge of the Municipal Court for a term of two years. It was noted that Council had reaffirmed this appointment by passing the Consent Agenda. Item 6b Moved by Councilor Hawkins to remove from the agenda the proposed resolution relating to the acceptance of the 1999/2000 Budget Utility Improvement Project. Removal of this item will allow the Director of Public Works to work out some financial issues with the contractor. 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 9a A proposed ordinance was presented exercising the City's option to continue taxing leased motor vehicles that are used for personal use. Moved by Councilor Burns that proposed ordinance be passed. Motion seconded by Councilor Altman. Mr. Jim Dockery explained that exempting motor vehicles from ad valorem taxes leased for personal use would result in a tax base loss of approximately $15 million. That is equal to $82,000 of lost revenue to the City's General Fund. This ordinance would opt the City out of this exemption. He clarified that this would affect the leasing agency, not the person leasing the vehicle. Councilor Hawkins noted that the State of Texas does not require a person to register their vehicle in their home county. If some of the other cities opt not to pass this ordinance it would have a negative impact on our City by losing business. Councilor Altman suggested keeping the situation as is and if we see that it puts us at a competitive disadvantage then we can re-examine it. Councilor Hawkins asked if it could be re-examined. City Attorney said that the Council has a right to revisit any ordinance and change it if it does not serve our interest. If Council wants to act on this, it is imperative to do it before the end of the calendar year. 427 Item 9a continued Councilor Hawkins felt that more questions needed to be answered before making a decision on this. Moved by Councilor Hawkins to table the proposed ordinance. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: Councilor Altman Item 9b ORDINANCE NO. 88-2001 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING THE 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. 88-2001 be passed. 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 9c ORDINANCE NO. 89-2001 ORDINANCE AMENDING APPENDIX B, ZONING ORDINANCE SECTION 5900, REGARDING WEATHER SHADES; 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. 89-2001 be passed. Motion seconded by Councilor Burns. Mr. Steve Seese asked that the ordinance caption and Section 1 be corrected to reflect Appendix B instead of Appendix C. Moved by Councilor Altman to amend the ordinance caption and Section 1 to reflect Appendix B instead of Appendix C. Motion seconded by Councilor Burns 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. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 428 Item 9d ORDINANCE NO. 90-2001 ORDINANCE AMENDING CHAPTER 2, ART. IV DIV. 5 OF THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 90-2001 be passed. Motion seconded by Councilor Williams. Mr. Dave Clark informed that Staff had made an error on the renumbering of this ordinance. City Attorney stated that the following wording could be included in the ordinance to solve the numbering issue: "It is the intention of the Council of the City of Wichita Falls, Texas that the provision of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas and that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention." City Attorney explained that this particular provision was moved from Chapter 2 to Chapter 62 when the Code was recodified. While the individual numbers would need to be changed, I think if the Council expresses an intent to adopt the ordinance with the understanding that the individual numbers may be re-lettered would be sufficient. It does not change the substance of the ordinance. It was noted that within this ordinance a Local Historic Preservation Officer was being created. Moved by Councilor Altman to amend proposed ordinance by adding a Section 5 to read as follows: "It is the intention of the Council of the City of Wichita Falls, Texas that the provision of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas and that the sections of this ordinance may be renumbered or re- lettered to accomplish such intention." Also, that the present Section 5 be renumbered as Section 6. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Moved by Councilor Altman to amend Section 1(b) by removing the phrase "an existing" and replacing it with the word "a". Section 1(b) would read as follows: "(b) Appointment. The city manager shall appoint a qualified City employee as the Wichita Falls Local Historic Preservation Officer." Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors, Ammons, Esther, Altman, Burns, and Hawkins Nays: Councilor Williams Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Councilor Ammons stepped out of Council Chambers. 429 Item 9e ORDINANCE NO. 91-2001 ORDINANCE MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE RECEIVED 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. 91-2001 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins Nays: None Item 9f ORDINANCE NO. 92-2001 AN ORDINANCE APPROPRIATING FUNDS APPROVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE SECTION 8 RENTAL ASSISTANCE PROGRAM; 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. 92-2001 be passed. Motion seconded by Councilor Esther. Councilor Ammons returned to Council Chambers. Councilor Hawkins stated that he would not discuss nor take action on this item because of a possible conflict of interest. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Abstentions: Councilor Hawkins Item 9q ORDINANCE NO. 93-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REPEALING ORDINANCE NO. 87-2001, DECLARING A DISASTER EMERGENCY IN THE CITY; 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. 93-2001 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 430 Item 9h ORDINANCE NO. 94-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING THE $100.00 PERMIT FEE FOR A PYROTECHNICS DISPLAY, AS REQUIRED BY SECTION 50-97 OF THE CODE OF ORDINANCES, FOR 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 Altman that Ordinance No. 94-2001 be passed. 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 10a RESOLUTION NO. 108-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO REJECT BIDS FOR THE 2000-2001 BUDGET UTILITY IMPROVEMENT 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 Altman that Resolution No. 108-2001 be passed. 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. 109-2001 RESOLUTION APPROVING THE FY 2001-02 BUDGET FOR THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION (4A SALES TAX); DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 109-2001 be passed. Motion seconded by Councilor Williams. Mr. Leo Lane, 2403 Martin, Board of Commerce & Industry Chair, gave a brief overview of how the funds have been used. A detailed presentation from the Board of Commerce and Industry will be scheduled for the next Council meeting that will include a history of the Wichita Falls Economic Development Corporation (4A Sales Tax), funds and projects. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 431 Item 10c RESOLUTION NO. 110-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN ELECTRIC SUPPLY AGREEMENT WITH THE WINNING BIDDER FOR THE ELECTRIC LOAD OF CITIES AGGREGATION POWER PROJECT, INC., UPON CONFIRMATION OF ECONOMIC BENEFIT TO THE CITY; 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. 110-2001 be passed. Motion seconded by Councilor Esther. City Attorney stated that this was a very complicated subject. In 1999 the Legislature adopted Senate Bill 7, which deregulated the retail electric business in Texas. Effective January 1, 2002 the City, like other individual consumers, will have a choice of whom they want to buy their electricity from. Several months ago Council adopted a resolution in which we became a part of an aggregation project (Cities Aggregation Power Project, Inc. or CAPP) along with approximately 70 cities. CAPP went out for bids and there were 14 providers who submitted proposals. Bids were opened on September 7, and the CAPP Board is now negotiating with those bidders to determine who can provide the best service and price to those cities. The Board is now in the process of going through those proposals and next week will brief individual cities of the bid status along with the benefits to the cities. Given the fact that there are timing issues and that there are approximately 70 cities involved, there is a need for the cities to designate representatives that can evaluate those figures and make some conclusion and determination. Also, if they determine that one of the proposals provides an economic benefit to that particular city that the representative can sign the contract to bind the deal with that particular provider. This resolution will authorize the City Attorney in conjunction with the Finance Director to make that evaluation on economic benefits to the City and if they determine this to be true, would authorize the City Manager to sign a contract with the winning proposal. Moved by Councilor Altman to amend Section 1 by adding the phrase "or not confirm" after the word "confirm" and deleting the name "Bill Sullivan". Section 1 would read: City Attorney is hereby charged to confirm or not confirm: (a) the wining bid to supply CAPP's load..." Also, that Section 2 be amended by adding the phrase "that a CAPP negotiated contract or agreement would likely provide the best" between the words "confirming" and "economic" and deleting the name "Jim Berzina". Section 2 would read: "City Manager is authorized to sign the necessary power supply contracts or agreements ratifying the City's participation in CAPP after confirming that a CAPP negotiated contract or agreement would likely provide the best benefit to the City." Motion seconded by Councilor Hawkins and carried by the following vote Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Councilor Hawkins commented that our City ordinances needed to be looked at closer because this deregulation is going to bring about major changes that could have a devastating affect on our citizens. For instance, we are going to have to look at how the electricity is handled in disconnecting and connecting meters if a different provider is selected. Councilor Altman explained that it was his understanding that TXU will still maintain all of the meters and that is not going to change. They will directly handle all the meters. There are three stages in this grill from wholesale to implementation. He suggested having a TXU representative give an overview of how the scheme works. It would help all of us understand how it works and would also lay some of these concerns to rest. Councilor Hawkins stated that at one of the presentations it was mentioned that if a customer stays with TXU the meter would be left on and be left in tact. Mr. Dave Clark stated that he and the City building official had met with TXU. There will be major ramifications to the City with regards to how ever many suppliers there are. When a new service is connected an inspection is required before TXU will provide that as a wire provider service. That means that we will have to make certain that the lines of communication are wide sd 432 Item 10c continued open with all electric providers when new service is going to be put in so that we can do that inspection. TXU will not make the connection until the City gives them clearance. It is my understanding that when users change electric companies it will have an effect on the Building Code and Electrical Inspectors as well. Every time a user changes electric companies, the City may have to do an inspection. We may want to consider our own ordinances. There is more information needed on this and we have a short time to work it out. It will be a policy issue. Councilor Altman stated that the TXU representative said that the building and the supplier will change but the delivery mechanism is the same. TXU is the delivery mechanism and what Mr. Clark just stated is directly contrary to what I heard the TXU representative say. We have conflicting information and we need clarification on this. He suggested having a TXU representative present at the next council meeting to clarify this. Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 10d RESOLUTION NO. 111-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DECLARING THE PROPERTY AT 508 VIRGINIA AS EXCESS REAL PROPERTY AND DIRECTING IT TO BE SOLD BY PRIVATE SALE; 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. 111-2001 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 10e RESOLUTION NO. 112-2001 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HABITAT FOR HUMANITY OF WICHITA FALLS, INC. ACTING AS AN ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) UNDER THE HOME INVESTMENT PARTNERSHIP 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. 112-2001 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 Councilor Burns stepped out of Council Chambers. 433 Item 10f RESOLUTION NO. 113-2001 O RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING RESOLUTION NO. 163-2000 TO AMEND THE LEGAL DESCRIPTION FOR 922 GERALD; 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. 113-2001 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 10g RESOLUTION NO. 114-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE NEWCASTLE CORPORATION FOR LEASE OF REAL PROPERTY 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 Williams that Resolution No. 114-2001 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins Nays: None Item 10h RESOLUTION NO. 115-2001 RESOLUTION TO AWARD BID AND CONTRACT FOR SCOTLAND SANITARY SEWER IMPROVEMENTS PROJECT PHASE 1; 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. 115-2001 be passed. Motion seconded by Councilor Esther. Mr. George Bonnett stated that under today's Council Bill Item 6b Staff felt they could get the City a better job by re-bidding, however, they did not feel that they could get a better price by re-bidding this item. He commented that they do not think they can get a lower bid unless they saw un-bundling and they did not see that in this bid. Staff recommends awarding this bid to Bowles Construction Company who was the sole bidder. Councilor Burns returned to Council Chambers. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 434 Item 10i RESOLUTION NO. 116-2001 RESOLUTION TO AWARD OF BID AND CONTRACT FOR PHASE TWO SIXTH STREET TRUNK MAIN 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. 116-2001 be passed. 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 101 RESOLUTION NO. 117-2001 RESOLUTION TO AWARD OF BID AND CONTRACT FOR THE HAMILTON PARK TRAIL EXTENSION 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 Hawkins that Resolution No. 117-2001 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 10k RESOLUTION NO. 118-2001 RESOLUTION TO AWARD BID AND CONTRACT FOR THE LANDFILL LINER CELL NO. 15; 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. 118-2001 be passed. 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 11 a Councilor Esther asked that citizens contact their Council representative when something happens in their particular district. We cannot do anything unless you tell us. Councilor Hawkins asked for a briefing on the airport. City Manager and Mr. Robert Parker informed on the airport security noting that vehicles are not allowed to park within 100 yards from the terminal. This has resulted in the loss of two-thirds of our parking lot. Also, if baggage is left unattended it will be confiscated. The number of entrances is restricted to one entrance and 435 Item 11 a continued arrangement for security guards at the airport is in progress. FAA has put out regulations and we have to comply. Councilor Hawkins requested that information on street resurfacing be provided to the media for the benefit of those residents who will be affected during that time. Councilor Hawkins wanted Staff to check if there is an ordinance for a $10 re-inspection fee on an agriculture permit that was referred to by David Brock. City Attorney informed that there is such a fee stipulated in the City Ordinance. Councilor Williams thanked the Health Department for their help and their follow through on a situation on Rosewood Street. She also thanked George Bonnett and his staff for answering a call after hours and taking care of the situation. Councilor Ammons thanked Mr. Bonnett for being receptive in providing information to the citizens. Councilor Ammons mentioned the airport and said she would rather have safety than convenience. Councilor Burns referred to the livestock permit and stated that after the last Council meeting he followed up on a citizen's complaint with the particular department in question. He found out that all this brouhaha results over a $10 reinspection fee which is part of the City Ordinance. He was stunned that individuals will go to all the trouble and then use as one of the arguments that it is costing a great deal of money yet they continue not to utilize their assets to their fullest extent because it will cost them an extra $10. He commended the Health Department for not cursing during Mr. Brock's comments this morning. What someone accuses someone else of may not necessarily be so. Generally, the City Staff does everything to be courteous, respectful and conscious of what citizens are asking for. In certain situations laws, ordinances, resolutions, and various things prohibit Staff from giving the citizens the answers they want to hear. Then all of a sudden this becomes an unfeeling, uncaring, unthinking and corrupt group of individuals that we are dealing with. It disappoints me that educated people cannot get the full story. You get part of the story and when you get the whole story the light of day dawns. At some point people need to be exposed for being troublemakers when they are. Councilor Altman stated that the citizens have the right to question the conduct of any City employee but there is a proper procedure in place. Those people are hired by the City Manager with the exception of the four Council appointees. Any complaints should go to the City Manager. It is unfair to City employees for anyone to come and under public comments berate a particular City employee, unless and until there has been a proper complaint and procedures followed in those regards. I do not think that any comments from the public should reflect unfavorably on a particular employee and I think it is unfair that they do not have a chance to explain or defend their own reputations. Although we are not legally required to provide public comments, the Council does provide the opportunity for citizens to voice their complaints and we risk that happening on occasion. We also recognize the unfairness in some situations to the Council members and the employees. Councilor Altman mentioned that the public had given the Council credit for taking prompt action last week during the National disaster. He wanted to share that credit with the City Staff and Police Department for acting and providing the Council information in a prompt and efficient manner. Mayor also complimented the Council members for the action they took last week and stated that this is the way the Council should work. Item 11 b City Manager expressed concern that when public comments are heard, the Staff and Council are not allowed by law to respond. He told Council that he would like to move public comments to the end of the meeting which would allow Council and Staff to respond. In addition, the meetings would start on time. He suggested putting public comments right before "Other Council Matters" on the agenda. City Manager informed that David Brock had called him and it did come down to the $10 and to his strong belief that our Staff is hired for one thing and that is to pick on him. City Manager 436 Item 11 b continued stated his disappointment that although the situation was resolved David Brock brought the same thing up again this morning. Councilor Hawkins was in favor of moving public comments to the end of the agenda. City Manager stated that people think that whatever we are accused of must be true because Staff and Council are unable to respond at that time. It is not until the end of the meeting that we are able to respond and who knows how many watch the City Council until the end. I am asking you to narrow the time. Councilor Altman commented that he and the City Attorney had looked at the Open Meetings Act and it does allow a Councilor to respond to a personal attack that does not involve Council action. He asked the City Attorney if it was permissible to keep the public comments where they are and following that have a place for"City Manager Comments" to provide a brief explanation that there would be something that would cover the specific public comments. City Attorney stated that he would check that out but he felt that could be done. Councilor Burns stated that the limitation was more on the Council than the City Manager. He agreed to move the public comments to the end of the agenda. Mayor felt that it should be left where it is because it would not be fair to the public who comes to speak and if it is moved to the end they would have to sit through the whole meeting when they have a job to get back to. City Manager stated that a great number of those who address Council stay for the whole meeting. Councilor Burns stated that if a citizen has a concern it is not necessary to express it on television in a public forum; all they have to do is call us and leave a message. I don't want a citizen who has a concern to think that they have to wait until a Council meeting is held to express those concerns. They should be able to express them immediately. There are many ways to contact us. Mayor said that all the Council's numbers are published and he does not understand why the citizens don't call them with their concerns. Councilor Hawkins noted that Council had the option to move items on the agenda Councilor Esther expressed concern with allowing persons who come before the Council and make false accusations. We are not here as the enemy we are here to serve this community. He agreed with moving the public comments to the end of the meeting. Larry Robinson, 5483 Huntington Lane, agreed with the City Manager's suggestion to move the public comments to the end of the meeting. City Manager stated that the procedure to do the agenda is in Council's hands. I am just asking you to think about this. The general consensus of the Council will be how I will shape the next agenda. Councilor Hawkins stated that the consensus was to place the public comments at the end of the meeting. Councilor Altman stated that even if it is moved to the end of the meeting the Council is still restricted from responding to public comments. He added that another alternative would be to consider calling the meeting to order at 8:30 and not televising the public comments section of the agenda which would prevent those who are just wanting to get on television to make allegations. However, it would allow the Council to become aware of any feelings and complaints. This would still allow the public to bring their concerns to us but would keep from using it as a vendetta forum or other improper purposes to get on television. Councilor Altman suggested having a proposed resolution setting the order of the agenda. Council agreed. Item 11 c City Council went into Executive Session at 11:05 a.m. as authorized by Section 551.074 of the Texas Government Code. 437 Item 11 c continued City Council reconvened at 11:07 a. m. Item 11 d Moved by Councilor Altman to confirm the appointment by the City Manager of Mr. Ben Filer to the Wichita Falls Firefighters and Police Officers Civil Service Commission. Mr. Filer will fill the vacancy in Place 1, with term to expire 12/31/2001. 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 11 e Moved by Councilor Altman to appoint Mrs. Jan Schaff to the Landmark Commission. Mrs. Schaff will replace Mrs. Dorothy Rhone, Place 1. Term will expire 12/31/2001. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None City Council adjourned at 11:12 a.m. PASSED AND APPROVED this day of L" r '' , , 2001. ERRYLUECK 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, September 18, 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: Southwest Baptist Church Pastor Adair 3. Presentations: Judith McGinnis - Parks and Recreation Board, Proposes A Resolution For Lucy Park Support Group. 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 Authorizing An Agreement With Habitat For Humanity Of Wichita Falls To Facilitate The Conditions For The Transfer Of City-Owned Property At 813, 901 , And 913 Gerald And 814 And 816 Chance For The Construction Of New Housing And To Authorize The City Manager To Execute The Deeds To Transfer Title. (City Council Bill #211A) City Council Agenda Tuesday, September 18, 2001 Page 2 b. Resolution To Accept The 1999/2000 Budget Utility Improvement Project And Authorize Final Payment To Bowles Construction. (City Council Bill #212) c. Resolution To Approve Joint Funding Agreement With U.S. Geological Survey For Operation And Maintenance Of Stream Flow And Reservoir Content Gauging Stations. (City Council Bill #213) d. Resolution Reappointing Substitute Judge Of The Municipal Court For A Term Of Two Years. (City Council Bill #214) 7. Award of Bids: a. Award Of Bid For The Purchase Of A Medium Duty Transit Bus To Lasseter Bus & Mobility In The Amount Of $134,774.00. 8. Receive Minutes: a. Wichita Falls Park Board — August 23, 2001 b. Wichita Falls Traffic Safety Commission — August 1 , 2001 REGULAR AGENDA 9. Ordinances: a. Ordinance Exercising The City's Option To Continue Taxing Leased Motor Vehicles That Are Used For Personal Use. (City Council Bill #215) b. Ordinance Making An 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 #216) c. Ordinance Amending Appendix C, Zoning Ordinance Section 5900, Regarding Weather Shades. (City Council Bill #217) City Council Agenda Tuesday, September 18, 2001 Page 3 d. Ordinance Amending Chapter 2, Art. Iv Div. 5 Of The Code Of Ordinances Regarding Landmarks To Address The Expansion Of The Depot Square Historic District And The Appointment Of A Local Historic Preservation Officer. (City Council Bill #218) e. Ordinance Making Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From Tarrant County And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #219) f. An Ordinance Appropriating Funds Approved From The U.S. Department Of Housing And Urban Development For The Section 8 Rental Assistance Program. (City Council Bill #220) g. An Ordinance Repealing Ordinance NO. 87-2001 , Declaring A Disaster Emergency In the City. (City Council Bill #232) h. An Ordinance Waiving The Pyrotechnic Fee Established By Section 50-97 Of The Code Of Ordinances For FallsFest On September 28 and 29, 2001 (City Council Bill #233) 10. Resolutions: a. Resolution To Reject Bids For The 2000-2001 Budget Utility Improvement Project. (City Council Bill #221) b. Resolution Approving The FY 2001-02 Budget For The Wichita Falls Economic Development Corporation (4A Sales Tax). (City Council Bill #222) c. Resolution Authorizing The City Manager To Sign An Electric Supply Agreement With Winning Bidder For Electric Load Of Cities Aggregation Power Project Upon Confirmation Of Economic Benefit To City. (City Council Bill #223) d. Resolution Declaring The Property At 508 Virginia As Excess Real Property And Directing That It Be Sold To The Adjacent Property Owner By Private Sale. (City Council Bill #224) e. Resolution Authorizing The City Manager To Execute A Contract With Habitat For Humanity Of Wichita Falls, Inc., Acting As An Eligible Community Housing Development City Council Agenda Tuesday, September 18, 2001 Page 4 Organization (CHDO) Under The Home Investment Partnership Program. (City Council Bill #225) f. Resolution Amending Resolution No. 163-2000 To Amend The Legal Description For 922 Gerald. (City Council Bill #226) g. Resolution Authorizing A Lease Agreement With The Newcastle Corporation For Lease Of Real Property At The Wichita Falls Municipal Airport. (City Council Bill #227) h. Resolution To Award Bid And Contract For Scotland Sanitary Sewer Improvements Project Phase 1 . (City Council Bill #228) i. Resolution To Award Bid And Contract For Phase Two Sixth Street Trunk Main Project. (City Council Bill #229) j. Resolution To Award Bid And Contract For Hamilton Park Trail Extension Project. (City Council Bill #230) k. Resolution To Award Bid And Contract For Landfill Liner Cell No. 15 Project. (City Council Bill #231) 11. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: (1) Consider Qualifications Of Possible Appointees To Civil Service Commission And Landmark Commission As Authorized By Section 551 .074 Of The Texas Government Code. d. Appointments To Boards And Commissions To The Civil Service Commission And Wichita Falls Landmark Commission. 12. 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 18, 2001 Page 5 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