Min 03/05/2002 29
Wichita Falls, Texas
Memorial Auditorium Building
March 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
The following persons spoke under Public Comments.
Jon Moeller, 1528 175h Street— Reinvestment Zone
David Brock, 1819 Hines— Complaint against Assistant Fire Marshall
Item 3
Dr. James Sterling, Loop 11 Church of Christ, gave the invocation.
Item 4
Mr. Jon Reese, Fire Equipment Operator, Fire Department, was recognized as employee of
the month for March 2002. Mayor presented Firefighter Reese with a plaque, check, dinner for two,
and theater passes.
Mayor proclaimed the week of March 3-9, 2002 as "Severe Weather Awareness Week" in
Wichita Falls.
Item 5
The Minutes were approved as distributed.
Item 6a-8c
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ammons that the Consent Agenda be approved.
Motion seconded by Councilor Altman.
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Item 6a-8c continued
Councilor Altman noted that the date of the Clean Community Commission minutes was
incorrect. The date will be corrected from February 14, 2002 to February 21, 2002.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins
Nays: None
Item 6a
RESOLUTION NO. 22-2002
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
THE NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION FOR ANNUAL SERVICES
FOR CITY ATHLETIC LEAGUES; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
Item 7a
Bid was awarded to ABB Meters in the amount of $73,500.00 and to Badger Meter in the
amount of$38,838.45 for the purchase of the City's estimated annual requirement of water meters.
Item 7b
RESOLUTION NO. 23-2002
RESOLUTION TO AWARD BID AND CONTRACT FOR SANITATION PARKING
LOT REHAB PROJECT; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Items 8a-8c
Minutes of the following commission meeting were received.
a. Clean Community Commission — February 7, 2002
b. Clean Community Commission — February 21, 2002
c. Wichita Falls/Wichita County Public Health District — December 21, 2001
Item 9a
A public hearing was held on hazardous structures.
Mayor declared the public hearing open.
Tommy Robinson, 708 Jalonic, requested that the structure at 707 Jalonic be demolished.
Smith Walker, 2107 Berkeley, requested that the property at 2215 Piedmont be removed
from the list of structures to be demolished. He explained that this property had been in legal limbo
because of his divorce, which was finalized three weeks ago. He said he was going to reinstate his
building permit and begin the remodeling.
Mr. Dave Clark stated that the City would like to see the property repaired and it has been
sitting for two years without repairs and the neighbors have complained. The cost to repair the
structure is more than 50% of its value. Council does have the option to provide a 90-day
extension within which he could file the required information and begin the reconstruction of this
structure.
Mayor reminded Mr. Walker that he needed to file a plan and financial information with the
City. Mr. Walker stated that he was prepared to do this.
Bill Butler, 2216 Harrell, asked Council to take some action on the property at 2215
Piedmont because he lives behind that property and he has had to look at it for two years.
31
Item 9a continued
Upon a citizen's request Mr. Clark read all the addresses on the list of hazardous structures
to be demolished. He informed Council that the structure at 2100 Miramar is currently being
demolished and is already half torn down.
Mayor called for additional public comments. There being none, Mayor declared the public
hearing closed.
Item 10a
ORDINANCE NO. 16-2002
ORDINANCE CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS
AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY
OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN
THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN
EMERGENCY; 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. 16-2002 be passed with Exhibit A as
provided in the supplement exempting Item 15, the structure at 2215 Piedmont.
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 10b
ORDINANCE NO. 17-2002
ORDINANCE MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND
FOR GRANT REVENUE FROM TARRANT COUNTY 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 Burns that Ordinance No. 17-2002 be passed.
Motion seconded by Councilor Ammons.
City Attorney noted that a correction was needed in Item 10b and Item 10c. The
dates referring to the budget years are incorrect and should reflect 2001-2002 instead of
2002-2003 in this item and 2000-2001 in Item 10c.
Councilor Altman called a point of order and asked for Mr. Dave Clark's comments
regarding Item 10a.
Mr. Clark clarified that as a result of the action taken by Council on Item 10a in
exempting the property at 2215 Piedmont no further action will be taken, as opposed to
requiring that plans and financial information.
Councilor Altman stated that it is understood that if Mr. Smith does not comply within
ninety days Staff will place this back on the agenda.
Moved by Councilor Hawkins to approve the proposed ordinance with the correction
of the date change from 2002-2003 to 2001-2002 in the second paragraph.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins
32
Item 10b continued
Nays: None
Item 10c
ORDINANCE NO. 18-2002
ORDINANCE MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND
IN THE AMOUNT OF $43,664 FOR THE HOUSING OPPORTUNITIES FOR
PEOPLE WITH AIDS (HOPWA) GRANT RECEIVED FROM THE TARRANT
COUNTY 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
Moved by Councilor Williams that Ordinance No. 18-2002 be passed with the
correction of the date change in paragraph three from 2000-2001 to 2001-2002.
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 10d
ORDINANCE NO. 19-2002
ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND
FOR ADDITIONAL REVENUE FOR THE RYAN WHITE CARE CONSORTIUM
GRANT RECEIVED FROM TARRANT COUNTY 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. 19-2002 be passed.
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 10e
ORDINANCE NO. 20-2002
ORDINANCE REZONING 4303 RIVERCREST DRIVE, BEING LOT 5, BLOCK 3,
WEST RIVERCREST ADDITION, FROM SINGLE FAMILY-1 TO LIMITED
COMMERCIAL AND AMENDING THE COMPREHENSIVE PLAN; 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. 20-2002 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
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Item 10f
ORDINANCE NO. 21-2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS
CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 4, 2002, AND
NAMING POLLING PLACES; 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. 21-2002 be approved.
Motion seconded by Councilor Esther.
City Clerk provided information regarding the May 4, 2002 Municipal Election.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins
Nays: None
Item 11 a
RESOLUTION NO. 24-2002
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT FOR A JOINT
ELECTION ON MAY 4, 2002; 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. 24-2002 be approved with the
following changes to the Agreement.
Page 2, second paragraph, Section V: Add to the last sentence..."except that the Wichita
Falls Independent School District will not have a poll at the City View site."
Page 4, Section X (2) Election Expenses: Add the following sentence - "No other expenses
for personnel other than election judges and clerks shall be included as costs of the
election."
Motion seconded by Councilor Burns.
City Clerk presented an overview of the Agreement and its benefits to voters.
Motion carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins
Nays: None
Item 11 b
RESOLUTION NO. 25-2002
RESOLUTION TO ACCEPT THE KOVARIK ROAD AREA WATER LINE PROJECT
AND AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION; 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. 25-2002 be approved.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins
34
Item 11 b continued
Nays: None
Item 11 c
A proposed resolution was presented recognizing and endorsing implementation of
the guidebook which outlines instructions for completing Wichita Falls Landmark and
Historic District nomination forms.
Moved by Councilor Williams that proposed resolution be approved.
Motion seconded by Councilor Ammons.
Council expressed concerns about some of the proposed requirements and
procedures, and wanted additional time to review the documents.
City Manager asked Council to keep in mind the following issues: a) Maintain
historical in nature; b) City is not staffed to handle this size project; and c) Tax base
consequences.
Moved by Councilor Altman to table proposed resolution until the April 2, 2002
Council Meeting.
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 11 d
RESOLUTION NO. 26-2002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR A
FAILURE TO APPEAR PROGRAM; 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. 26-2002 be approved.
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 12a
Moved by Councilor Hawkins to award bid to Bane Machinery, Inc. in the amount of
$95,700.00 for the purchase of three each triple gang flail mowers.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins
Nays: None
35
Item 13a
Councilor Burns expressed regret concerning the fire that destroyed the Richmond
Condominiums but was thankful that no one had been injured.
Councilor Altman mentioned that the Taste of Town was tonight at MPEC and invited
everyone to attend.
Councilor Esther asked that the State Highway Department be notified about the dangerous
situation at 144 and 287 when drivers attempt to get to the Maurine Street exit.
Councilor Hawkins mentioned that there was a possibility of the City being a recipient of a
360-bed veteran's home.
Councilor Hawkins also encouraged persons to attend the Taste of the Town and stated
that the proceeds go to worthwhile charities.
Councilor Hawkins asked for updates on Loop 11 and the on-off ramp at the south end of
the overhead.
Mayor gave information on the Kell Freeway extension.
Councilor Williams asked Mr. Clark to look into the status of a structure at the Sunrise
Mobile Park which burned about two years ago.
Mayor referred to the hazardous structures list and stated that he was glad we were going
to do something about the trailer park on Ninth Street.
Item 13b
City Manager mentioned that the following changes to City intersections would be made on
the noted dates.
101h & Indiana —4-way stop sign on April 2, 2002;
10th & Lamar—4-way stop sign on April 3, 2002;
111h & Indiana—stop sign at 11th Street on April 4, 2002;
11th & Lamar—stop sign at 111h Street on April 5, 2002;
Harrison & Speedway—4-way stop sign on April 9, 2002;
Councilor Burns asked that the stop sign at the intersection of York and Lebanon be
checked. He felt it should be on York not Lebanon. Councilor Ammons informed that the Traffic
Safety Commission was looking into that.
Councilor Hawkins asked that the Assistant City Manager look into the new pre-loops for
updates.
Councilor Altman asked that the crosswalk at Harrison and Speedway be checked for
adequate identification.
Councilor Hawkins asked staff to check the possibility of maintaining the signal light
operational at the intersection of Harrison and Speedway during the day.
City Manager provided a handout to Council on utility and transfer fees.
City Council adjourned at 10:40 a.m.
PASSED AND APPROVED this day of 2002.
JERRY LUECK
MAYOR
ATTEST:
p1J otab
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, March
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: Dr. James Sterling
Loop 11 Church of Christ
4. Presentations: Employee Of The Month
5. Approval of Minutes
CONSENT AGENDA
6. Resolutions:
a. Resolution Authorizing The City Manager To Execute A
Contract With The North Central Texas Officials Association
For Annual Services For City Athletic Leagues. (City Council
Bill #40)
7. Award of Bids:
a. Award Of Bid For The City's Estimated Annual Requirement
Of Water Meters To ABB Meters In The Amount Of
City Council Agenda
Tuesday, March 5, 2002
Page 2
$73,500.00, And To Badger Meter In The Amount Of
$38,838.45.
b. Resolution To Award Bid And Contract For Sanitation
Parking Lot Rehab Project.
8. Receive Minutes:
a. Clean Community Commission — February 7, 2002
b. Clean Community Commission — February 14, 2002
c. Wichita Falls/Wichita County Public Health District —
December 21 , 2001
REGULAR AGENDA
9. Public Hearings:
a. A Public Hearing On Hazardous Structures
10. Ordinances:
a. An Ordinance Declaring Certain Structures As Dangerous, In
Violation Of Ordinance And Commanding Certain Action
With Regard To Same. (City Council Bill #41 )
b. Ordinance Making Appropriation To The Special Revenue
Fund For Grant Revenue Received From Tarrant County
And Authorizing The City Manager To Execute Contract
Accepting Same.. (City Council Bill #42)
c. Ordinance Making An Appropriation To The Special
Revenue Fund For Housing Opportunities For People With
AIDS (HOPWA) Grant Received From Tarrant County And
Authorizing The City Manager To Execute A Contract
Accepting Same. (City Council Bill #43)
d. Ordinance Making An Appropriation To The Special
Revenue Fund For Additional Revenue For The Ryan White
Care Consortium Grant Received From Tarrant County And
Authorizing The City Manager To Execute Contract
Accepting Same. (City Council Bill #44)
e. Ordinance Rezoning 4303 Rivercrest Drive, Being Lot 5,
Block 3, West Rivercrest Addition, From Single Family -1 To
Limited Commercial. (City Council Bill #45)
City Council Agenda
Tuesday, March 5, 2002
Page 3
f. An Ordinance Of The City Council Of The City Of Wichita
Falls Calling For A General Election To Be Held May 4, 2002
And Naming Polling Places. (City Council Bill #46)
11 . Resolutions:
a. Resolution Authorizing The City Manager To Execute An
Agreement With The Wichita Falls Independent School
District For A Joint Election May 4, 2002. (City Council Bill
#47)
b. Resolution To Accept The Kovarik Road Area Water Line
Improvement Project And Authorize Final Payment To
Bowles Construction. (City Council Bill #48)
c. Resolution Recognizing And Endorsing The Implementation
Of Instructions For Completing Wichita Falls Landmark &
Historic District Nomination Forms. (City Council Bill #49)
d. Resolution Authorizing An Inter-local Agreement With The
Texas Department Of Public Safety For A Failure To Appear
Program. (City Council Bill #50)
12. Award of Bids:
a. Award Of Bid For The Purchase Of Three (3) Each Triple
Gang Flail Mowers To Bane Machinery, Inc., In The Amount
Of $95,700.00.
13. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
14. 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.
City Council Agenda
Tuesday, March 5, 2002
Page 4
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