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Min 12/04/2001 568 Wichita Falls, Texas Memorial Auditorium Building December 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. Item 2 The following persons made public comments. Elvin Dudley, 2518 Shepherd's Glen, representing Mr. & Mrs. Terry St. James on Wellington Lane, requested a curb and gutter waiver (driveway regulations). Mayor directed City Manager to place this request on the next Council agenda. Richard Graham, 1340 N. Saratoga Trail, Clay County, spoke on the bond and licensing ordinance. Item 3 Pastor Harvey MacMurray, City View Baptist Church, gave the invocation. Item 4 Terry Huff, Potentate of Maskat Shriners, presented the following non-profit organizations with donations from the Oil Bowl Game proceeds. Children's Miracle Network- $1,000 Make a Wish Foundation - $1,000 North Texas Rehabilitation Center- $7,000 Toys for Tots - $1,000 Mayor presented the Police Department Motorcycle Division a Certificate of Appreciation for their successful motorcycle rodeo competition, which benefited Patsy's House. Police Motorcycle Division donated $6,000 to Patsy's House and $1,000 to the New York Police Department. Mr. Gary Lewis, Automotive Mechanic II, Public Transportation, was recognized as employee of the month for the month of December 2001. Mayor presented Mr. Lewis with a plaque, check, dinner for two, and theater passes. 569 Item 5 The Minutes were approved as distributed. Item 6a ORDINANCE NO.109-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II, CHAPTER 98, TAXATION, ARTICLE IV,SECTIONS 98-126 - 127, OF THE CODE OF ORDINANCES, TAX FREEZE FOR HISTORIC PRESERVATION; 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. 109-2001 be passed. Motion seconded by Councilor Williams. The following persons spoke in favor of the proposed ordinance. Dawn Murer, 1713 111h Street, Rick Graham, 1340 N. Saratoga Trail, suggested that a time period for the age of the buildings be set for guidance to those wanting to apply for this tax freeze. Shirley Craft, Executive Director Downtown Revitalization Andi Holland, Executive Director Heritage Society Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 6b 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 Esther that proposed ordinance be passed. Motion seconded by Councilor Williams. This item was discussed at length. Council expressed concerns regarding the economic and financial impact and they felt there were too many unanswered questions to make a decision today. Mr. Jim Dockery stated that he would have a representative from the Wichita Appraisal District present to address Council's questions and concerns. Don McKinney, 4806 Maplewood, expressed concern about this ordinance and stated that if the proposed ordinance was passed that tax would be passed on to the consumer. Paul Tigrett, 4409 Cedar Elm, General Manager for Patterson's Dealership, expressed concern that cities without this type of ordinance would advertise that they do not have a property tax on leased vehicles and that would lure people out of Wichita Falls. Councilor Burns stepped out of Council Chambers. Moved by Councilor Hawkins that this item be tabled until more information can be gathered. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Hawkins 570 Item 6b continued Nays: None Councilor Burns returned to Council Chambers. Item 6c ORDINANCE NO.110-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CHANGING THE DATE OF THE FIRST REGULARLY SCHEDULED CITY COUNCIL MEETING IN JANUARY 2002; 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.110-2001 be passed. Motion seconded by Councilor Ammons. It was noted that the meeting would be changed to January 3, 2002 at 8:30 a.m. Moved by Councilor Altman to amend proposed ordinance by inserting the date of January 3, 2002 in the blank. Motion seconded by Councilor Hawkins 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 Item 6d ORDINANCE NO. 111-2001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE GENERAL FUND AND WATER AND SEWER FUND IN THE AMOUNT OF $7,000 EACH FOR A SECOND ASSESSMENT FEE FOR THE CITIES AGGREGATION POWER PROJECT, INCORPORATED; 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. 111-2001 be passed. Motion seconded by Councilor Esther. Legal will provide Council a comparison between the City and County, since they did not enter into this aggregation, to determine if this has the intended effect. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None 571 Item 7a RESOLUTION NO. 132-2001 RESOLUTION TO ACCEPT THE HAMILTON PARK TRAIL EXTENSION PROJECT AND AUTHORIZE FINAL PAYMENT TO AUSTIN BRIDGE AND ROAD, INC; 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. 132-2001 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 7b RESOLUTION NO. 133-2001 RESOLUTION TO APPROVE THE UPDATED WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; 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. 133-2001 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 7c City Manager requested that the item to approve Change Order No. 1 for the Scotland Sanitary Sewer Improvement Project Phase I be removed from the agenda. No action was taken on this item. Item 8a Councilor Ammons asked that a waiver be placed on the Council agenda for a portion of a sidewalk for Mr. Jim Glasgow's property off Old Iowa Park Road. Mr. Glasgow is willing to put in a sidewalk in the front where it is developed but wants a waiver on the side that is not developed. Councilor Hawkins and Williams concurred that this be placed on the next Council agenda. Councilor Hawkins explained that Mr. Glasgow's property goes quite a bit back and backs up to a junkyard. The current ordinance requires that a sidewalk be put in for the entire property as well as a privacy fence, which would be between Mr. Glasgow's property and the junkyard. He asked that Staff look at this situation and bring recommendations to the Council on how to promote a building out there. He suggested waiving the portion that is not going to be used at this time but to reserve the right to require the sidewalk with any future development. Councilor Burns informed that the Optimist Club is holding their annual fundraiser of selling Christmas trees. He mentioned that the proceeds would benefit the youth in our community. Councilor Altman invited persons to attend the Woman's Forum Tour of Homes. 572 Item 8a continued Councilor Altman informed that after discussion with the City Attorney, he asked the City Manager to place a resolution on the next Council agenda setting the Council appointee's salaries with an effective date of October 1, 2001. Councilor Altman expressed appreciation for the great sense of optimism in our community and for our citizens' upbeat attitude despite the recession in our country. He wished everyone a Merry Christmas. Councilor Esther expressed concern about the amount of spending in this Country. He is concerned about the number of good ideas that tends to want to relieve us as taxpayers of certain burdens, yet when we buy into this we end up paying the price. He cautioned against what was going to happen to our tax base, although it might be a good cause the effect might be extremely dangerous to us. Councilor Hawkins mentioned a contractor who failed to obtain her license but has her bond and insurance. He asked Mr. Clark to look into the possibility of licensing her based upon grandfathering. Councilor Hawkins expressed a concern that Staff does not go the extra mile to help our business people expand their business or bring in new business. We need to start looking a little closer at our home people to see if there are ways to help them do their job better, faster and easier. He wished everyone happy holidays. He expressed appreciation to the Optimist Club for their support to our local youth and stated that their optimism is well founded. Councilor Williams commented how important voting is and encouraged everyone to get out and vote. Item 8b Mr. Steve Seese gave a report on the Kell Freeway Corridor, which includes the Overhead Freeway Project (Holliday-Broad/Kell), 1-44/1-20 Four Lane Divided Highway Project between here and Abilene, the Four Direction Interchange Project, and Kell Freeway Extension Project. He reported on the presentations made in Austin before the Texas Transportation Commission. A response from the State Commission on these projects is expected around June 2002. He expressed appreciation to Mr. Les Finnell for his time, efforts and expense in helping to get aerial videos of these projects. City Manager informed that a video of the presentation to the State Commission was available for viewing. City Manager mentioned that the City had been designated as the MPO and it is somewhat under-challenged right now. He has taken the position that the MPO, its makeup, and how it functions, is largely a function of it being clearly designated by the Governor of the State of Texas as an entity of the City of Wichita Falls, with members from other organizations. I am guarding the City's representation on that committee in terms of the number of persons that are on it. I do not think it is in our best interest to dilute the numbers. We are competing for project dollars, and I do not see anything in our interest that would favor diluting our representation on the MPO. Unless I hear differently from Council I will maintain this position. Councilor Hawkins felt that more Council members needed to be on the MPO. City Manager stated that it did not matter if it was Council or Staff on the Commission as long as they were City representatives. Item 8c 1 City Council went into Executive Session at 10:45 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:00 a.m. 573 Item 8d 1 Moved by Councilor Altman to reappoint to the Airport Board of Adjustment Mr. Preston Giles, Place 4, and to appoint Mr. Michael Slye, Place 5, with terms to expire December 31, 2003. 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 8d 6 Moved by Councilor Altman to reappoint to the Traffic Safety Commission Mr. Forrest Ward, Jr., Place 13, and Mr. Brad Altman, Place 14, with terms to expire December 31, 2003. 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 8d 7 Moved by Councilor Altman to reappoint to the Water Resources Commission Mr. Charles Barr, Place 1, Mr. Charles Bentley, Place 4, and Mr. Chris Neeb, Place 5, with terms to expire December 31, 2003. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Items 8d(2), (3), (4), (5), and (8) Moved by Councilor Altman to defer appointments/reappointments until the December 18, 2001 Council meeting for the Clean Community Commission, Commission on Highway Transportation Needs, Commission on Human Needs, Park Board, and the City/County Health Board. 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 mentioned that there was a long-standing member on the Commission on Highway Transportation Needs who was going to reach term limits at the end of December, and he asked if that member could be made member emeritus. City Attorney will look into this. The City Council adjourned at 11:05 a.m. 574 PASSED AND APPROVED this—L�—day of _Q On.J2001. JERRY LUECK MAYOR ATTEST: —IJIlic, A. lr�IwA) Lyclia 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, December 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. 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: Pastor Harvey MacMurray City View Baptist Church 4. Presentations: (1) Employee Of The Month (2) Fire Fighters Association — Presentation For Toys For Tots 5. Approval of Minutes REGULAR AGENDA 6. Ordinances: a. Ordinance Amending Part II, Chapter 98, Taxation, Article Iv, Sec. 98 Of The Code Of Ordinances Regarding Tax Freeze For Historic Preservation. (City Council Bill #265) b. Ordinance Exercising The City's Option To Continue Taxing Leased Motor Vehicles That Are Used For Personal Use. (City Council Bill #266) City Council Agenda Tuesday, December 4, 2001 Page 2 c. Ordinance Changing The Date Of The First Regularly Scheduled City Council Meeting In January 2002. (City Council Bill #267) d. Ordinance Making An Appropriation From The General Fund And Water And Sewer Fund In The Amount Of $7,000 Each For A Second Assessment Fee For The Cities Aggregation Power Project, Incorporated. (City Council Bill #268) 7. Resolutions: a. Resolution To Accept The Hamilton Park Trail Extension Project And Authorize Final Payment To Austin Bridge And Road, Inc. (City Council Bill #269) b. Resolution To Approve The Updated Of The Drought Contingency Plan. (City Council Bill #270) c. Resolution To Approve Change Order No. 1 For The Scotland Sanitary Sewer Improvements Project Phase I. (City Council Bill #271) 8. 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 Airport Board Of Adjustment, Construction Board Of Adjustment, Civil Service Commission, Landmark Commission, Planning And Zoning Commission, Tax Increment Finance Board, Wichita Appraisal District, Zoning Board Of Adjustments As Authorized By Section 551.074 Of The Texas Government Code. d. Appointments to Boards and Commissions: City Council Agenda Tuesday, December 4, 2001 Page 3 (1) Airport Board of Adjustment (2) Clean Community Commission (3) Commission On Highway Transportation Needs (4) Commission On Human Needs (5) Park Board (6) Traffic Safety Commission (7) Water Resources Commission (8) City/County Health Board 9. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 20 at o'clock (a.m.)(p.m.). City Clerk