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Min 02/05/2002 15 Wichita Falls, Texas Memorial Auditorium Building February 5, 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 Edi Jonai Foster, member of St. John's Baptist Church, gave the invocation. Item 4 Charles Henderson, Utilities System Worker III, Water Distribution, was recognized as employee of the month for February 2002. Mayor presented Mr. Henderson with a plaque, check, dinner for two, and theater passes. Item 5 The Minutes were approved as distributed. Item 6a-7f City Manager gave a briefing on the items listed under the Consent Agenda. Mayor requested that Item 6a be brought down to the Regular Agenda. Councilor Hawkins requested that Item 6b be brought down to the Regular Agenda. Moved by Councilor Altman that the Consent Agenda be approved with the exception of Items 6a and 6b. Councilor Altman also noted the following correction under Item 7b: Change the word "proved" to "provide" in the last sentence of Item 2. Motion seconded by Councilor Burns and carried by the following vote. 16 Item 6a — 7f continued Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 6c RESOLUTION NO. 11-2002 RESOLUTION TO ACCEPT THE 2001 STREET RESURFACING PROJECT AND AUTHORIZE FINAL PAYMENT TO FREEMAN CONSTRUCTION COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a-7f Minutes of the following board and commission meetings were received. a. Library Advisory Board — January 22, 2002 b. Commission on Human Needs —January 14, 2002 c. Zoning Board of Adjustment— December 19, 2001 d. Clean Community Commission — January 10, 2002 e. Landmark Commission —January 2, 2002 f. Park Board —January 24, 2002 Item 6a RESOLUTION NO. 9-2002 RESOLUTION TO APPROVE CHANGE ORDER #2 AND ACCEPT THE FM 2380 UTILITY RELOCATION PROJECT AND AUTHORIZE FINAL PAYMENT TO JALYN CONSTRUCTION, 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 Altman that Resolution No. 9-2002 be passed. Motion seconded by Councilor Burns. Mayor asked for an explanation of this change order. Mr. George Bonnett provided information relating to this change order. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 6b RESOLUTION NO. 10-2002 RESOLUTION TO ACCEPT THE 2001 ALLEY REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION COMPANY; FINDING AND 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. 10-2001 be passed. Motion seconded by Councilor Altman. Councilor Hawkins commented that we spent approximately $40,000 less than anticipated on this project and asked why the amount of alley work was not increased to use up that $40,000. Mr. George Bonnett informed that there was a good size alley that was intertwined with the 2000 Budget Utility Improvement Program. The BUIP bid that was bid in August came in twice the price as the estimate, and bids were rejected. Part of that 17 Item 6b continued BUIP was a 12-inch water line that serves Crockett School, so we had to drop a large alley out of this program because we have to re-bid the BUIP. We cannot add another alley because they take a great deal of time to design. We had nothing to put in its place so we are recommending that these dollars be released back to the Sanitation Fund and we will re-bid that when we do the 2002 program. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 8a ORDINANCE NO. 11-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE WICHITA FALLS CODE OF ORDINANCES, AT CHAPTER 82, PARKS AND RECREATION, ARTICLE V, SOFTBALL COMPLEX; 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.11-2002 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 9a A proposed resolution was presented approving amendments to the FY 2001-02 budget for the Wichita Falls (4b) Sales Tax Corporation. Moved by Councilor Williams that proposed resolution be passed. Motion seconded by Councilor Esther. Moved by Councilor Altman to table this item until the next two agenda items are considered. 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 9b RESOLUTION NO. 13-2002 RESOLUTION APPROVING A CONTRACT AMENDMENT FOR ARCHITECTURAL SERVICES FOR THE PUBLIC SAFETY TRAINING CENTER; 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. 13-2002 be passed. 18 Item 9b 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 9c RESOLUTION NO. 14-2002 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH RCC CONSULTANTS FOR PROFESSIONAL CONSULTING SERVICES FOR PUBLIC SAFETY COMMUNICATIONS PROJECTS; 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. 14-2002 be passed. Motion seconded by Councilor Ammons. Mr. Jim Dockery suggested that the Agreement be amended to tie Appendix II to the Agreement. He suggested adding the following phrase in the next to the last sentence in the first paragraph of Article IV: " substantially in accordance with the Project Schedule annexed hereto as Appendix B and incorporated herein, as such may be modified from time to time by the mutual consent of the City and RCC". That sentence would read: "City and RCC will work together to help ensure that work tasks are completed in a timely manner substantially in accordance with the Project Schedule annexed hereto as Appendix B and incorporated herein, as such may be modified from time to time by the mutual consent of the City and RCC." City Attorney suggested that Article XIII, Item C be amended by adding the word "exclusively" to the following sentence: The venue for any action to enforce any provision of this Agreement shall be "exclusively" the Texas District Court having jurisdiction over Wichita County. Moved by Councilor Altman that Article IV and Article XI II, Item C be amended as stated immediately above by Mr. Dockery and the City Attorney. 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 9a RESOLUTION NO. 12-2002 RESOLUTION APPROVING AMENDMENTS TO THE FY 2001-02 BUDGET FOR THE WICHITA FALLS (46) SALES TAX CORPORATION; 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 to remove from the table the proposed resolution listed under Council Bill No. 26. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins 19 Item 9a continued Nays: None Moved by Councilor Williams that Resolution No. 12-2002 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 9d RESOLUTION NO. 15-2002 RESOLUTION TO ACCEPT THE LINEAR PARK FROM EASTSIDE DRIVE TO EAST SCOTT AVENUE PROJECT (CDBG) AND AUTHORIZE FINAL PAYMENT TO D&W ASSOCIATES, 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 Altman that Resolution No. 15-2002 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 9e RESOLUTION NO. 16-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN APPLICATION WAIVER FOR THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT AND DESIGNATING WICHITA COUNTY AS THE RECIPIENT OF THE ALLOCATED AMOUNT OF $43,923; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Williams stepped out of Council Chambers. Moved by Councilor Hawkins that Resolution No. 16-2002 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Lueck, Councilors Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 10a Moved by Councilor Hawkins to award bid to Smith's Gardentown Farms for the purchase of the City's annual spring flowers in the amount of$31,566.70. Motion seconded by Councilor Ammons. Councilor Williams returned to Council Chambers. Increased cost of the flowers was discussed and it was suggested to consider splitting the bid next year or growing some of the flowers in-house. 20 Item 10a continued Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 11 a Councilor Hawkins asked about the possibility of using 4B funds to help with a water theme park. City Manager stated that it could be a problem since it would be public money being used for a private project. He asked for Council input on this. Councilor Hawkins encouraged voters to get out and vote on the school bond issue. Councilor Williams stated that some of the fears in the Eastside have been laid to rest knowing that there will not be a jail there but a Public Safety Training Center. Councilor Ammons also encouraged voters to get out and vote. Councilor Altman asked for a discussion on how funds are coming in on the Sewer Water District and the status of the Faith Village Preliminary Hydrology Study. Item 11 b City Manager informed on proposed street name changes, Kemp Street extended (2380) and Athletic and Langford Streets. City Manager will provide a legislative update list to Council regarding property tax exemptions. Councilor Hawkins requested a list of displaced residents being affected by the Jasper Street Project. City Clerk provided an update on the pre-clearance submission to the Department of Justice relating to the redistricting plan for the City of Wichita Falls. City Manager noted that February 15 would be Mr. George Bonnett's last day with the City. He is retiring after serving the City for 18 years. City Manager expressed appreciation to Mr. Bonnett for the excellent service he has provided all these years. Council members also expressed appreciation to Mr. Bonnett for his service to the City and its citizens. Item 11 c(1) Moved by Councilor Altman to appoint Dr. Kathy Sultemeier to the Wichita Falls City/County Health Board, Place 3, with term 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 11 c(2) Moved by Mayor to appoint Mr. Bill Presson to the Commission on Highway Transportation System Needs. 21 Item 11 c(2) continued Councilor Hawkins noted that Mr. Presson could not be appointed because it would cause the Commissioners Court to have a quorum. County Judge Woody Gossom had previously brought this to the attention of some of the Council members. Motion failed for lack of a second. Moved by Councilor Altman to appoint Mr. Leo Lane to the Commission on Highway Transportation System Needs, Place 1, with term to expire December 31, 2004. Motion seconded by Councilor Hawkins. Councilor Hawkins asked that the Ordinance creating this Commission be placed on the agenda as an item of discussion. Councilors Williams and Burns concurred. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 11d Moved by Councilor Altman to amend the term set for Mr. Bo Stahler, Place 4 of the Commission on Highway Transportation System Needs from December 31, 2003 to December 31, 2004 in order to comply with Ordinance 142-95, which establishes this Commission. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None The City Council adjourned at 10:40 a.m. PASSED AND APPROVED this�� day of c , 2002. J RY LUECK MAYOR ATTEST: l C Lydia Torres J 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, February 5, 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: Reverend Foster St. John's Baptist Church 4. Presentations: Employee Of The Month 5. Approval of Minutes CONSENT AGENDA 6. Resolutions: a. Resolution To Approve Change Order #2 And Accept The FM 2380 Utility Relocation Project And Authorize Final Payment To Jalyn Construction, Inc. (City Council Bill #22) b. Resolution To Accept The 2001 Alley Rehabilitation Project And Authorize Final Payment To Duke Construction Company. (City Council Bill #23) City Council Agenda Tuesday, February 5, 2002 Page 2 c. Resolution To Accept The 2001 Street Resurfacing Project And Authorize Final Payment To Freeman Construction Company. (City Council Bill #24) 7. Receive Minutes: a. Library Advisory Board — January 22, 2002 b. Commission On Human Needs — January 14, 2002 c. Board Of Adjustment — December 19, 2001 d. Clean Community Commission — January 10, 2002 e. Landmark Commission — January 2, 2002 f. Park Board — January 24, 2002 REGULAR AGENDA 8. Ordinances: a. Ordinance Amending Part li Of The Wichita Falls Code Of Ordinances, At Chapter 82, Parks And Recreation, Article V, Softball Complex. (City Council Bill #25) 9. Resolutions: a. Resolution Approving Amendments To The FY 2001-02 Budget For The Wichita Falls (413) Sales Tax Corporation. (City Council Bill #26) b. Resolution Approving A Contract Amendment For Architectural Services For The Public Safety Training Center. (City Council Bill #27) c. Resolution Authorizing The City Manager To Execute A Contract With RCC Consultants For Professional Consulting Services For Public Safety Communications Projects. (City Council Bill #28) d. Resolution To Accept The Linear Park From Eastside Drive To East Scott Avenue Project (CDBG) And Authorize Final Payment To D&W Associates, Inc. (City Council Bill #29) e. Resolution Authorizing An Application Waiver For The Juvenile Accountability Incentive Block Grant And Designating Wichita County As The Recipient Of The Allocated Amount Of $43,923. (City Council Bill #30) City Council Agenda Tuesday, February 5, 2002 Page 3 10. Award Of Bid: Award Of Bid For The Purchase Of The City's Annual Spring Flowers To Smith's Gardentown Farms, In The Amount Of $31 ,566.70. 11 . Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Appointments To Boards And Commissions: (1)City/County Health Board. (2) Highway Transportation System a. Motion To Amend Term Set For Bo Stahler, Place 4 Of The commission On Highway Transportation Needs System From December 31, 2003 to December 31, 2004 In Order to Comply with Ordinance 142-95 Establishing This 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. 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