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Min 01/15/2002 9 Wichita Falls, Texas Memorial Auditorium Building January 15, 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 Lawrence C. Rodgers, Jr., 1902 7th Street, requested that Council remove three mowing liens on 805 North Broadway which are dated August 19, 1997, July 23, 1999 and August 25, 2000. He said that he was not notified about these liens until December 7, 2001. Staff will look into this and report back to Council. Item 3 Pastor Timothy McNeil, St. Matthew's Baptist Church, gave the invocation. Item 4 Maskat Shrine Potentate Robert Hyde and other Shiners presented Council with tickets to their first bull-riding event and invited everyone to attend this Saturday at 8 p.m. at the Bridwell Agriculture Center. Hal Williams provided an update report on the MPEC Coliseum Construction Project. He informed that it was on schedule and completion date is set for late November 2002. Item 5 The Minutes were approved as distributed. Item 6a-7a City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Hawkins that the consent agenda be approved. 10 Item 6a-7a continued 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 Bruckner's Mack in the amount of$75,561.00 for the purchase of one 52,000 GVW Truck with 14 cubic yard dump body. Item 6b Purchase was authorized through the State of Texas Cooperative Purchasing Program for Local Governments for three Model 428d 61" Grasshopper riding lawn mowers in the amount of $29,661.00. Item 7a Minutes of the following commission meeting were received. a. Landmark Commission — November 15, 2001 Item 8a City Manager requested that the proposed ordinance waiving mowing liens, securing liens, interest, and delinquent taxes on the Holt Hotel be removed from the agenda. He stated that additional details were needed. No action was taken on this item. Item 8b ORDINANCE NO. 8-2002 ORDINANCE REZONING A 1.622 ACRE TRACT OF LAND OUT OF BLOCK 10, DENTON COUNTY SCHOOL LANDS, ABSTRACT 58, WICHITA COUNTY TEXAS, FROM SINGLE FAMILY-1 TO CONDITIONED GENERAL COMMERCIAL AND AMENDING THE COMPREHENSIVE PLAN; FINDING AND DETERMININGTHAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman that Ordinance No. 8-2002 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 Item 8c ORDINANCE NO. 9-2002 ORDINANCE ANNEXING AND REZONING 7.65 ACRES OF LAND OUT OF BLOCK 12, LEAGUE 2, DENTON COUNTY SCHOOL LAND; 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. 9-2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. 11 Item 8c continued Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 8d ORDINANCE NO. 10-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION (LONE STAR LIBRARIES PROGRAM) AND MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $10,625; 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. 10-2002 be passed. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns and Hawkins Nays: None Item 9a RESOLUTION NO. 5-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AWARDING BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE JAYCEE PARK GRAVEL TRAIL (TPWD) 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 Ordinance No. 5-2002 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 9b RESOLUTION NO. 6-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ENDORSE AN APPLICATION TO THE WICHITA FALLS SALES TAX BOARD FOR PARKS TRAIL EXTENSION AND SIKES LAKE EXCAVATION WORK; 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. 6-2002 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 12 Item 9c RESOLUTION NO. 7-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, EXPRESSING THE CITY OF WICHITA FALLS' SUPPORT FOR THE EXPANSION OF LOOP 11 FROM U.S. 287 TO INTERSTATE HIGHWAY 44; 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. 7-2002 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 9d RESOLUTION NO. 8-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING RESOLUTION NO. 2-2002, 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 Altman that Resolution No. 8-2002 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 Item 10a Councilor Ammons mentioned an article about Miamisburg, Ohio and suggested looking at their code and comparing it to ours for additional ideas on downtown development. Mr. Clark had personal knowledge about this community and gave a brief history on this community and how it had developed. Councilor Burns informed that a public meeting had been held last night to discuss the Fountaingate Apartments' acquisition and noted that it was well attended. He was very pleased with the way the meeting was conducted and all the information that was provided as well as the responses to the questions asked. He expressed appreciation to all those who attended, residents, elected officials, and City staff. Councilor Altman expressed appreciation to the Shriners for the tickets to the bull-riding event and he encouraged everyone to attend. Councilor Esther mentioned waivers and stated that he had voted on a waiver at the last Council meeting, and he has since gone out to that area to see what was accomplished. He concluded that without planned development all areas of the City lose. It is important we understand what planned development is all about. It does not create an unjust situation on an individual, but it is helping the landowners to increase the value of their properties. Many landowners do not have an understanding of what development is all about. I am hoping that when we get our staff to develop plans to improve a certain area that we will stick to that and explain to the property owners why we are doing that. 13 Item 10a continued Councilor Hawkins thanked those who had sent him cards and called during his hospital stay. He mentioned that Mr. John Chatman had offered to give him one of his kidneys. He expressed appreciation to both Mr. and Mrs. Chatman. Councilor Hawkins asked if an alley had to be paved for dumpster pick up or if chat would work. Mr. George Bonnett replied that it would have to be paved. Councilor Hawkins suggested looking at money we saved on the Jasper Street Plant Project, since the bids were very favorable, to see if that money could be used to pay for the looping on Wellington Lane. He mentioned that he had received complaints about the City being unjust on the property offers relating to the Jasper Street Plant Project. He asked Staff to look into the possibilities of helping residents who are displaced as a result of City projects. Councilor Williams suggested using whatever money is left from the FM 367 Water Project on the Wellington looping project. Councilor Williams expressed great concern that someone high in City government was spreading fear to the citizens in the East side that the Police-Fire Training Academy Project was in fact going to be a jail. She stated that it was a falsehood and asked Staff to look into this and that Staff provide an update on that project. Mayor mentioned the Fountaingate Apartments and stated that the buyers told him they would pay 25% of the tax, which is $9500, even though they are tax exempt. In addition, no more than 20% of the apartments would be low income. Councilor Hawkins suggested creating a resolution in opposition of the Fountaingate Apartment Housing Project. Councilor Williams felt the Fountaingate Housing Project was worth considering for the tax ramifications. Item 10b City Manager and Mr. George Bonnett gave a status report on the water project bids, FM 367, and Kovarik Road. City Manager referred to the Jasper Street Water Treatment Project and expressed concern about providing funding to relocate those residents. He felt this would turn into a perpetual situation. City Manager gave a condensed status report on the Police-Fire Training Academy Project and reaffirmed that it was not a jail. A detailed report will be given to Council in February. City Manager reminded everyone about the MLK Breakfast to be held January 19, 2002 at the MPEC. Item 10c Moved by Councilor Altman to appoint Corporal Tom Walls, Wichita County Sheriff's Department, to the Traffic Safety Commission, Place 8. 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 10d City Council went into Executive Session at 10:03 a.m. as authorized by Section 551.071 of the Texas Government Code. 14 City Council reconvened at 10:24 a.m. City Council adjourned at 10:25 a.m. PASSED AND APPROVED this day of 4 2002. JERRY LUECK 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, January 15, 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 Timothy McNeil St. Matthew's Baptist Church 4. Presentations: Update On Construction Project Of Coliseum 5. Approval of Minutes CONSENT AGENDA 6. Award of Bids: a. Award Of Bid For The Purchase Of One (1) Each 52,000 GVW Trucks With 14 Cubic Yard Dump Body, To Bruckner's Mack, In The Amount Of $75,561.00. b. Purchase Of Three (3) Each Model 428d 61" Grasshopper Riding Lawn Mowers Through The State Of Texas Cooperative Purchasing Program For Local Governments, In The Amount Of $29,661 .00. City Council Agenda Tuesday, January 15, 2001 Page 2 7. Receive Minutes: a. Landmark Commission — (November 15, 2001) REGULAR AGENDA 8. Ordinances: a. Ordinance Waiving Mowing Liens, Securing Liens, Interest, And Delinquent Taxes On The Holt Hotel Property Located At 600 8t" Street To Allow The Wichita County Heritage Society To Proceed With The Adaptive Reuse Of The Holt Hotel. (City Council Bill #) b. Ordinance Rezoning 1 .622 Acres From Single Family-1 To General Commercial Conditioned Zoning On Property Located Approximately 300 Feet North Of The Intersection Of Wendover Street And Kell Blvd., On The East Side Of Wendover, And Amending The Comprehensive Plan. (City Council Bill #) c. Ordinance Annexing And Rezoning 7.65 Acres Of Land Out Of Block 12, League 2, Denton County School Land, At The Request Of The Property Owner. (City Council Bill #) d. Ordinance Accepting Grant Funds Received From The Texas State Library And Archives Commission (Lone Star Libraries Program) And Making An Appropriation In The Special Revenue Fund In The Amount Of $10,625. (City Council Bill #) 9. Resolutions: a. Resolution To Award Bid And Authorize The City Manager To Execute Contract For The Jaycee Park Gravel Trail (TPWD) Project. (City Council Bill #) b. Resolution To Endorse An Application To The Wichita Falls Sales Tax Board For Parks Trail Extension And Sikes Lake Excavation Work. (City Council Bill #) c. Resolution Expressing The City Of Wichita Falls' Support For The Expansion Of Loop 11 From U.S. 287 To Interstate Highway 44. (City Council Bill #) City Council Agenda Tuesday, January 15, 2001 Page 3 10. 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 Appointee To Position Of Mayor Pro Tem As Authorized By Section 551.074 Of The Texas Government Code." (2) Appointment Of Mayor Pro Tem. 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 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