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Min 11/20/2001 561 Wichita Falls, Texas Memorial Auditorium Building November 20, 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. Y 9 Item 2 No one signed up under Public Comments. Item 3 Lydia Torres, City Clerk, gave the invocation. Item 4 Mayor presented a check to Jack Murphy on behalf of a group of churches from the City of Wichita Falls, which will be used to build a second bathroom at Williams Park. Mr. Murphy accepted the check on behalf of the City of Wichita Falls Parks Department and expressed appreciation to the churches. Item 5 The Minutes were approved as distributed. Item 6a-6d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Burns that the consent agenda be approved. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins 562 Item 6a-6d continued Nays: None Item 6a Minutes of the following board and commission meetings were received. a. Civil Service Commission — October 17, 2001 b. Wichita Falls Traffic Safety Commission —October 3, 2001 c. Wichita Falls Park Board Meeting —October 25, 2001 d. Commission on Human Needs—September 17, 2001 Item 7a ORDINANCE NO. 106-2001 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 Councilor Hawkins stated that he would not take part in the discussion nor vote on this item because of a conflict of interest. He will sign a conflict of interest affidavit to that effect. Moved by Councilor Altman that Ordinance No.106-2001 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 Abstentions: Councilor Hawkins Item 7b ORDINANCE NO.107-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING A RETAIL ELECTRIC PROVIDER REGISTRATION FORM; 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. 107-2001 be passed. Motion seconded by Councilor Williams. Moved by Councilor Altman to amend proposed ordinance by adding the following sentence at the end of the Retail Electric Provider Registration Form: " Registrant shall follow all Ordinances of the City of Wichita Falls which are not in conflict with or superceded by the laws and rules of the United States and the State of Texas. 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 563 Item 7c A proposed ordinance was presented amending Article IV, Section 106-281 of the Code of Ordinances to authorize the assessment of a lien against real property for delinquent water accounts. Moved by Councilor Altman that proposed ordinance be passed. Motion seconded by Councilor Ammons. This issue was discussed at length as to how it would affect landlords, tenants, citizens, and the City and in effect if the ordinance was necessary. Consensus was that Staff re-evaluate the need and possibilities of the proposed ordinance. Some issues that were mentioned: 1) purpose and need for such an ordinance; 2) increase deposits; 3) form identifying rental property and tenant responsible for water bills; 4) landlord's responsibility to notify the City when the water bill is going to be in the tenant's name; and 5) distinction between commercial and residential. Motion failed by the following vote. Ayes: None Nays: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Item 7d ORDINANCE NO. 108-2001 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 Moved by Councilor Williams that Ordinance No. 108-2001 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 8a RESOLUTION NO.129-2001 RESOLUTION AUTHORIZING THE USE OF POLICE DEPARTMENT SEIZED FUNDS FOR PROCUREMENT OF BIOLOGICAUCHEMICAL PERSONAL SAFETY EQUIPMENT FOR SWORN AND NON-SWORN POLICE PERSONNEL; 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.129-2001 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 564 Item 8b RESOLUTION NO. 130-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO NOMINATE WICHITA FALLS REFURBISHMENT (TURBINE AIRFOIL REFURBISHMENT SERVICES INC. — PRATT & WHITNEY, CANADA) AS AN ENTERPRISE ZONE PROJECT TO BE SUBMITTED TO THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT; 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. 130-2001 be passed. Motion seconded by Councilor Esther. Tim Chase, Chamber of Commerce, explained what Wichita Falls Refurbishment does. Tony Gallagher, Wichita Falls Refurbishment, provided details of the project noting that Wichita Falls Refurbishment would build and repair these turbines and there are only fifteen companies in the world that have this type of technology. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 8c RESOLUTION NO.131-2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAFFIRMING THE CITY OF WICHITA FALLS' TEN-YEAR VESTING PLAN FOR 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 Williams that Resolution No. 131-2001 be passed. Motion seconded by Councilor Esther. City Manager noted that Staff is recommending against a five-year vesting system because of the direct cost involved and we want to continue to encourage people to stay with the City for a longer period of time. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 9a Moved by Councilor Altman to award bid to Village Auto Group in the amount of $261,300.00 for the purchase of thirteen rear wheel drive police patrol vehicles. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 565 Item 9b Moved by Councilor Altman to award bid to Four Star Motors in the amount of$115,233.96 for the purchase of six front wheel drive police patrol vehicles. 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 Moved by Councilor Altman to award bid to Four Star Motors in the amount of$72,017.80 for the purchase of four staff cars. 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 9d and Item 9e City Manager requested that Items 9d and 9e be removed from the agenda. There are local vendors who qualify to bid on these items and we want to provide them an opportunity to bid. Moved by Councilor Hawkins that Items 9d and 9e be removed from the agenda. 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 10a A Staff-Council discussion was held on the property located at 1818 Hines Blvd. City Manager stated that Staff and Councilor Hawkins had met with the landowners and are ready to talk about some possibilities to resolve this issue. Councilor Hawkins informed that they had met with the property owners David Brock and his partner to discuss their concerns. He mentioned the 200 ft. setback requirement for animals; complaints about animal droppings, mowing, and what David Brock had been asked to do by the Health Officers. Councilor Hawkins mentioned the following choices: 1) enforce the ordinance, which would limit the use of their 5 acres or 2) waive the 200 ft set back requirement to 100 ft. That would allow them the use of the land. If we do nothing it would make the property unsuitable for grazing. Regarding the mowing, he asked about someone desiring to use their land for growing wheat and the nine inch mowing requirement. David Brock, 1819 Hines, introduced his partner, Odell Barnes. He explained the situation regarding their property and stated that they want a way in which they can use the property in an economical way and not run afoul of the law. They requested a permanent change in the Ordinance to allow a 100 ft. set back on pastures at five acres or more for agricultural purposes and retain the 200 ft set back requirement on anything less than five acres and 200 ft set back on barns. He also suggested that an enclosure be defined as a barn or small pen. Councilor Hawkins pointed out that the word "enclosure" is not specific in the Ordinance and should be clarified. 566 Item 10a continued Councilor Hawkins also noted that the Ordinance does not place a limit on the number of animals on a five-acre tract. David Brock asked that the Texas A&M Extension Service be used as a guide to limit the number of animals. Councilor Williams felt that the Ordinance needs to be reviewed for the setback and to consider limiting the number of animals allowed in small areas. Councilor Burns stated that the setback has more to do with things that are inside the City limits and you are less likely to have a large piece of property used for livestock inside the City limits. He felt the difference in the 100ft. set back and the 200 ft. set back is because you are not likely to find a 300-acre farm in downtown. Councilor Williams noted that it would have to be looked at because we now have considerable size pieces of property inside the City limits. We cannot disregard that people do or will live next to these areas. There needs to be some standard as to what a lot is as well as a standard setback and limiting the number of animals per area. Councilor Hawkins brought up the mowing issue on Mr. Brock's property and stated that there was broad brush around the barns and fences that were noxious type weeds. However, the Ordinance is not clear as to what noxious weeds over nine inches need to be mowed. It does not differentiate that mowing needs to occur where the property line is grown up. Why would you have grazing land if you need to mow it? He felt the intent of the Ordinance was to have property owners take care of their fence line and that area outside the fence for which they are responsible. City Manager asked Mr. Brock if they would be using his property for the next couple of months. Mr. Brock replied that they would not be and they would not be putting any animals on it. He concurred with limiting the number of animals, but that number should be established according to the Texas A&M Extension Service. Councilor Altman called a point of order in that they were straying from the agenda item, which is limited to the property at 1818 Hines. Councilor Williams stated that in her opinion, enclosures are structures that enclose buildings, not a fence. Councilor Ammons asked how a situation is handled where a resident owns land with animals and a developer builds next to their fence line. Mrs. Barbara Clements informed that if there was a barn already there they would not be required to move it because the developer already knew that the barn and horses were there prior to development. The person who was there first would not have to adjust. Councilor Altman stated that procedurally either the Mayor or three Council members should come up with a specific waiver for that property and it should be in proper form to be placed before the Council. At this time we cannot make the decision on the wording. Councilor Williams suggested that the property at 1818 Hines be looked into keeping in mind the long-range affect. The Ordinance needs to be clear enough so that no one has to interpret it and so everyone comes to the same conclusions. Mayor appointed a committee of Councilor Williams, Councilor Esther, and himself. Councilor Altman called a point of order stating that Mayor needs to put that on as an agenda item because he cannot appoint a committee under Council procedural rules. Councilor Hawkins asked that Animal Control look at the situation of pit bulls, vicious dogs, at a residence in the area around Catalina. He will contact the Health Department and give the exact address. Councilor Hawkins wished everyone a Happy Thanksgiving. Councilor Williams mentioned the joint community affair at Evangel Temple where the City of Wichita Falls was a benefactor according to the check received by Jack Murphy this morning. It was a wonderful religious experience and it was nice to have that many churches come together to worship together, but the beneficiary was the City of Wichita Falls. The churches have also offered 567 Item 10a continued to help us clean up the City of Wichita Falls in terms of physical endeavors, so the Clean Community Commission will also benefit. Councilor Williams informed that twenty-seven Thespians met in Wichita Falls for a State Thespian Convention and it was a sight to behold. The people at MPEC did a yeoman's job of handling this large group. Councilor Ammons stated that she had gone to the Parkstone Senior Citizen complex and she informed that there was a thirty-person waiting list. She expressed concern over this moderate to low-income persons' waiting list. She asked if there was another project on the drawing board to address this great need. Mr. Dave Clark mentioned that they currently have an authorization for an additional low-income housing tax credit project, which should be under construction next spring. There is another entity looking at a multi-family under the bond cap project, which is for-profit developers that can apply for this funding through the State. Some of the State rules for low income tax credits are less receptive when it comes to projects for the elderly, however, I think the point that there is a big need has been made. Councilor Ammons encouraged persons to get on waiting lists before the ground is broken on these types of facilities. Councilor Burns wished everyone a safe and happy Thanksgiving. He also pointed out that next week the Council will be in Houston representing the City at the Texas Municipal League Conference. Councilor Altman wished everyone a happy Thanksgiving. He expressed the blessings for which he was thankful. Mayor wished everyone a happy Thanksgiving and encouraged everyone to drive safely and courteously. Item 10c City Manager wished everyone a happy Thanksgiving. City Council adjourned at 10:35 a.m. PASSED AND APPROVED this _day of k� 2001. L'dda Z::::i� — Pr=RRY 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, November 20, 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. 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.) TELEVISED SERVICES TO BEGIN 3. Invocation: Rev. Charles Nichols Southside Baptist Church 4. Presentations: 5. Approval of Minutes CONSENT AGENDA 6. Receive Minutes: a. Civil Service Commission — October 17, 2001 b. Wichita Falls Traffic Safety Commission — October 3, 2001 c. Wichita Falls Park Board Meeting — October 25, 2001 d. Human Needs Commission — September 17, 2001 REGULAR AGENDA City Council Agenda Tuesday, November 20, 2001 Page 2 7. Ordinances: a. Ordinance Appropriating Funds Approved From The U.S. Department Of Housing And Urban Development For The Section 8 Rental Assistance Program. (City Council Bill #256) b. Ordinance Adopting A Retail Electric Provider Registration Form. (City Council Bill #257) c. Ordinance Amending Article IV, Section 106-281 Of The Code Of Ordinances To Authorize The Assessment Of A Lien Against Real Property For Delinquent Water Accounts. (City Council Bill #258) d. 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 # 259) 8. Resolutions: a. Resolution Authorizing The Use Of Police Department Seized Funds For Procurement Of Biological/Chemical Personal Safety Equipment For Sworn And Non-Sworn Police Personnel. (City Council Bill #260) b. Resolution Nominating An Application From Wichita Falls Refurbishment (Turbine Airfoil Refurbishment Services Inc.- Pratt & Whitney, Canada) For An Enterprise Zone Project. (City Council Bill #261) c. Resolution Reaffirming The City Of Wichita Falls Ten (10) Year Vesting For Regular Full-Time Employees. (City Council Bill #262) 9. Award of Bids: City Council Agenda Tuesday, November 20, 2001 Page 3 a. Award Of Bid For The Purchase Of Thirteen (13) Rear Wheel Drive Police Patrol Vehicles To Village Auto Group In The Amount Of $261 ,300.00. b. Award Of Bid For The Purchase Of Six (6) Front-Wheel Drive Police Patrol Vehicles To Four Star Motors In The Amount Of $115,233.96. c. Award Of Bid For The Purchase Of Four (4) Staff Cars To Four Star Motors In The Amount Of $72,017.80. d. Resolution Awarding A Bid To Dell Computer Corporation In The Amount Of $40,040 For The Purchase Of Forty Personal Computers. (City Council Bill # 263) e. Resolution To Award A Bid To Computerland Of Wichita Falls In The Amount Of $25,224 For The Purchase Of Various Computer Components. (City Council Bill # 264) 10. Other Council Matters: a. Staff/Council Discussion Of Property Located At 1818 Hines Blvd, Wichita Falls, TX b. Discussion Of Items Of Concern To Members Of The City Council. c. Staff/Council Discussion. 11. 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 City Council Agenda Tuesday, November 20, 2001 Page 4 1 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