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Min 01/03/2002 1 Wichita Falls, Texas Memorial Auditorium Building January 3, 2002 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 No one signed up for public comments. Item 3 Pastor Willie Johnson, Wesley United Methodist Church, gave the invocation. Item 4 b Mayor proclaimed the month of January 2002 as "Crime Stoppers Month" in Wichita Falls and encouraged citizens to recognize the outstanding work this organization does in our community. Item 4 a Ms. Cynthia Barry, Records Clerk I, Police Department, was recognized as employee of the month for January 2002. Mayor presented Ms. Barry with a plaque, check, dinner for two, and theater passes. Item 5 The Minutes were approved as distributed. Item 6a-7d City Manager gave a briefing on the items listed under the Consent Agenda. 2 Item 6a-7d continued Moved by Councilor Altman 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 Nays: None Item 6a Bid was awarded to Office Depot Business Services Division in the amount of$31,940.14 for the City's estimated annual requirement of office essential items. Item 6b RESOLUTION NO. 1-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE BRIDWELL STREET RECONSTRUCTION PROJECT (CDBG); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a-7d Minutes of the following board and commission meetings were received. a. Wichita Falls/Wichita County Public Health Board — October 26, 2001 b. Traffic Safety Commission — November 7, 2001 c. Firefighters and Police Officers Civil Service Commission — December 6, 2001 d. Tax Increment Financing — December 19, 2001 Item 8a ORDINANCE NO. 1-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 6210(5) OF APPENDIX B, WICHITA FALLS CODE OF ORDINANCES, ZONING ORDINANCE, TO ALLOW A GRAVEL DRIVEWAY AT 1038 WELLINGTON LANE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 1-2002 be approved. Motion seconded by Councilor Esther. Mayor expressed concern that property owners were being required to pave their driveway as well as being charged the storm water tax. He commented that the paved driveway would absorb the runoff water. Mr. Dave Clark noted that a flat rate was charged for residential. Councilor Hawkins expressed concern about having the same requirements for rural areas as for the urban areas. He stated that this type of driveway would not detract from that rural area. It was noted that a set policy had been established requiring paved driveways and several Councilors felt that once a standard policy has been set it should be followed. Elvin Dudley, representative for the property owners, spoke in favor of the proposed ordinance. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Ammons, Esther, and Hawkins 3 Item 8a continued Nays: Councilors Williams, Altman, and Burns Item 8b ORDINANCE NO. 2-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CITY OF WICHITA FALLS ZONING ORDINANCE IN PART AT SECTION 2030, DEFINITIONS, AND AT SECTION 4600, ET SEQ., REGARDING SCREENING REQUIREMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 2-2002 be approved. Motion seconded by Councilor Williams. Mr. Dave Clark requested that Section 2, Item 4610, B, of the proposed ordinance be amended by replacing the word "may" with the word "shall' in the first sentence; and that the following phrase in the second sentence be deleted: "Should such be required,". In addition, that Section 2, Item 4630, A.6. be deleted. Moved by Councilor Hawkins that proposed ordinance be amended under Section 2, 4610, B by changing the word "may" to "shall" in the first sentence and deleting the phrase "Should such be required," in the second sentence. Said section would read as follows: "B. Should a use other than a single-family detached or duplex residential use be proposed adjacent to a single-family detached or duplex residential use, or a residential zoning district, a screening device shall be required to form a barrier between the uses as determined by the Department of Community Development. The screening device shall be installed by the entity responsible for the proposed use. Furthermore Councilor Hawkins moved that Section 2 4630 A.6. be deleted and that Item 7 be renumbered as 6 and Item 8 be renumbered as 7. Councilor Williams stepped out of Council Chambers. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Ammons, Esther, Altman, Burns, and Hawkins Nays: None Councilor Williams returned to Council Chambers. Councilor Atman expressed concern that the first sentence in Section 2, 4615, F could lead to unequal enforcement because it is such a vague guideline. City Attorney stated that he reviewed the proposed ordinance and it does give Community Development some discretion without a lot of criteria. There is a little bit of criteria in the second sentence and I think the whole intent is to give them some discretion, and I do not have a problem with it. Moved by Councilor Altman to amend Section 2, 4615, F by replacing the word "need" with the word "needed" in the last sentence. 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 4 Item 8c ORDINANCE NO. 3-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, RENAMING A PORTION OF LAKE PARK DRIVE TO TAFT BOULEVARD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 3-2002 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 8d ORDINANCE NO. 4-2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING PROVISIONS OF THE BUILDING CODE TO ALLOW A CANOPY, OUTDOOR FURNITURE AND A FENCE TO BE PLACED WITHIN THE PUBLIC RIGHTS-OF-WAY OF EIGHTH STREET AND INDIANA STREET NEXT TO 801 INDIANA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY ENCROACHMENT AGREEMENT; 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. 4-2002 be passed. Motion seconded by Councilor Williams Handicap accessibility on the sidewalk was discussed and Mr. Clark stated that it will be maintained. Mr. Clark pointed out that written permission has to be obtained from the City prior to doing something like this. Dan Campagna, 375 Wampum Trail, apologized for being presumptuous and extending the awning without obtaining permission from the City. He pleaded ignorance for not knowing he had to obtain permission to do this. Moved by Councilor Altman to amend Section 2 by deleting the following phrase: "included herein as Attachment A,". Councilor Altman stated that there were several technical problems with the agreement that need to be worked out by the Legal Department. It was noted that the encroachment agreement would be such that it is for this tenant and this tenant only. This will be worked out in the agreement. 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 5 Item 8e ORDINANCE NO.5-2002 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING FUND IN AN AMOUNT NOT TO EXCEED $500,000 TO THE WICHITA COUNTY HERITAGE SOCIETY REGARDING THE HOLT HOTEL; 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. 5-2002 be passed. Motion seconded by Councilor Ammons. Mr. David Clark provided information on the funding of this project. He noted that the City is not a formal part of what will be the development entity. There may be as many as seven actions that will come before Council for approval, and this is one of those seven actions. He informed that prior to the distribution of any TIF funds, ownership would pass to the Heritage Society. City Manager informed that these dollars would be to complete the architectural plans and would be somewhat of a gamble at this point but we need to complete the plans, take the bids, and find out where we are with the dollars. He noted that these are the only funds that can be used for this. Motion 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. Item 8f ORDINANCE NO. 6-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $73,130 FOR THE PREVENTION, COUNSELING, AND PARTNER ELICITATION (PCPE) GRANT RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Hawkins stepped out of Council Chambers. Moved by Councilor Williams that Ordinance No. 6-2002 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, and Altman Nays: None Item 8g ORDINANCE NO. 7-2002 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITONAL GRANT REVENUE RECEIVED FROM THE TEXAS HEALTH & HUMAN SERVICES COMMISSION 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 6 Item 8g continued Councilor Burns returned to Council Chambers. Moved by Councilor Esther that Ordinance No. 7-2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, and Burns Nays: None Item 8h A proposed ordinance was presented waiving Section 94-128(A)(3) with respect to placing sidewalk on Crescent Lane, Lot 1, Capital Addition Subdivision. This item had previously been presented to Council and placed on the table. Moved by Councilor Altman to remove proposed ordinance from the table. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Councilor Ammons stated that the she had spoken with the property owner and he is in New Mexico. She informed that the property owner is willing to put in a sidewalk in the area that is developed but does not want to put a sidewalk in the area that is not developed. Councilor Hawkins returned to Council Chambers. Mr. Scott Taylor noted that the proposed ordinance would waive the entire lot from sidewalk requirements. Councilor Williams stated that the owner's information should be in writing as to what they are willing to do. Councilor Altman suggested that the proposed ordinance be voted down, then the property owners and City Attorney can come up with something that would be agreeable and be brought back to Council for action. Motion failed by the following vote. Ayes: Mayor Lueck and Councilor Ammons Nays: Councilors Williams, Esther, Altman, Burns, and Hawkins Item 9a RESOLUTION NO. 2-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR THIRTEENTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; 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. 2-2002 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 8 Item 11 a Councilor Esther expressed appreciation to Community Development for their efforts in the downtown revitalization and to the Health Department for their search of grants for the various health services for our community. He expressed hope that Council will continue to work in a harmonious atmosphere this new year. Councilor Hawkins thanked those who contacted him while he was out ill. He looks forward to continuing working with the rest of the Council. Wichita Falls has made great strides in the last few years and he is proud to have been a part of that and looks forward to continuing this same trend and having a good new year. Councilor Williams expressed appreciation to the citizens for their cooperation this past year. She stated that the Staff has been professional and a good working Staff. She hopes this year is as good as 2001; it was a good year for Wichita Falls. She looks forward to another busy year and hopes that whatever we do will be guided by truth, dignity, and always in the best interest of the citizens of Wichita Falls. Councilor Ammons informed that the Traffic Safety Committee wants to purchase a radar trailer and asked for donations from the citizens. Councilor Burns expressed appreciation to Mr. Clark and his staff for their hard work on the Holt Hotel. He stated that the Council is putting a lot of faith in the Heritage Society and those people who are working there. Councilor Burns mentioned a public hearing held at the Library on the proposed housing development at Fountaingate Apartments and stated that it was a productive meeting. He hopes that future meetings will be handled as well as this one. He informed that there will be another public hearing in Wichita Falls sometime in February or March. Mayor stated that his concern about the Fountaingate Housing Project is that the City will be losing $38,000 in tax revenue because it is tax exempt. We will have to recoup that money somehow. Mayor reported that things at the Ninth Street trailer park are coming along fine and they are getting their water bill paid. Mayor thanked everyone who has helped in this effort. Item 11 b City Manager informed that the Martin Luther King Breakfast would be held January 19 at MPEC. City Manager informed that a resolution will be placed on the next Council Agenda supporting the Texas Highway Department in its efforts to extend Loop 11 to 1-44. City Manager mentioned the "Falls Focus" and the articles found in this publication. He encouraged the public to read it noting that it would probably answer a lot of questions about what the City is doing. The City Council adjourned at 10:10 a.m. PASSED AND APPROVED this day of`� b-'V\,k , 2002. v l JERRY [-U*-t6K MAYOR ATTEST: n � F �( 1 Lydia Torres U 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 Thursday, January 3, 2002, 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 Willie Johnson Wesley United Methodist Church 4. Presentations: a. Proclaiming January 2002 to be Crime Stoppers Month b. Employee of the Month (Cynthia Barry) 5. Approval of Minutes CONSENT AGENDA 6. Award of Bids: a. Award Of Bid For The City's Estimated Annual Requirement Of Office Essential Items To Office Depot Business Services Division In The Amount Of $31,940.14. b. Resolution To Award Bid And Contract For Bridwell Street Reconstruction Project (CDBG). (City Council Bill #1) City Council Agenda Thursday, January 3, 2002 Page 2 7. Receive Minutes: a. Wichita Falls-Wichita County Public Health Board (October 26, 2001) b. Wichita Falls Traffic Safety Commission (November 7, 2001) c. Civil Service Commission (December 6, 2001) d. Tax Increment Financing (December 19, 2001) REGULAR AGENDA 8. Ordinances: a. Ordinance Waiving Section 6210(5) Of Appendix B, Wichita Falls Code Of Ordinances, Zoning Ordinance, To Allow A Gravel Driveway At 1038 Wellington Lane. (City Council Bill #2) b. Ordinance Amending The City Of Wichita Falls Zoning Ordinance In Part At Section 2030, Definitions, And At Section 4600, et seq., Regarding Screening Requirements. (City Council Bill #3) C. Ordinance Renaming A Portion Of Lake Park Drive To Taft Boulevard. (City Council Bill #4) d. An Ordinance Waiving Provisions Of The Building Code To Allow An Canopy, Outdoor Furniture And A Fence To Be Placed Within The Public Rights-Of-Way Of Eighth Street And Indiana Street Next To 801 Indiana, And Authorizing The City Manager To Execute The Necessary Encroachment Agreement. (City Council Bill #5) e. Ordinance Making An Appropriation From The Tax Increment Financing Fund In An Amount Not To Exceed $500,000 To The Wichita County Heritage Society Regarding The Holt Hotel. (City Council Bill #6) f. Ordinance Making An Appropriation In The Special Revenue Fund In The Amount Of $73,130 For The Prevention, Counseling, and Partner Elicitation (PCPE) Grant Received From The Texas Department Of Health And Authorizing The City Manager To Execute A Contract Accepting Same. (City Council Bill #7) g. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received City Council Agenda Thursday, January 3, 2002 Page 3 From The Texas Health & Human Services Commission And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #8) h. Ordinance Waiving Section 94-128(A)(3) Of The Code Of Ordinances With Respect To Placing Sidewalk On Crescent Lane, Lot 1 Of Capital Addition Subdivision. (City Council Bill #9) 9. Resolutions: a. Resolution Authorizing The City Manager To Apply For Thirteenth Year Funding Of The North Texas Regional Drug Enforcement Task Force. (City Council Bill #10) b. Resolution To Approve The Contract With Willis, Graves & Associates, Inc. For The Wholesale Water Rate Study. (City Council Bill #11) C. Resolution Authorizing The City Manager To Execute Industrial Discharge Permit Application To The Texas Natural Resource Conservation Commission For The Cypress Water Treatment Plant. (City Council Bill #12) d. Resolution To Endorse An Application To The Wichita Falls Sales Tax Board For Consulting Services For Public Safety Communication Systems. (City Council Bill #13) 10. Award of Bids: a. Purchase Of A DX600 Ion Chromatograph From Dionex, A Sole Source, In The Amount Of $59,885.00. 11.0ther Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 12.Adjourn. City Council Agenda Thursday, January 3, 2002 Page 4 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