Min 04/02/2002 47
Wichita Falls, Texas
Memorial Auditorium Building
April 2, 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 person spoke under public comments.
Scott Storm, 4716 Brookdale:
a) City going into electronic recycling business;
b) Need for additional dumpster at Brookdale and Southwest Parkway.
Item 3
Reverend Robert Landback, Church of the Good Shepherd, gave the invocation.
Item 4
Mr. Ervin Lodes, Transit Operator, Public Transportation, was recognized as employee of
the month for April 2002. Mayor presented Mr. Lodes with a plaque, check, dinner for two, transit
and theater passes.
Mayor read the following proclamations.
"Child Abuse Prevention Month" -April 2002
"Blue Ribbon Day in Wichita Falls"— April 2, 2002. This is in conjunction with Child Abuse
Prevention Month.
"Habitat For Humanity-Women Build" —Junior League Project at 922 Gerald Street
"Patsy Baggett Award" — presented to Carol Coughlin, post humusly, and to Cathy Bullitt.
Chief Ken Coughlin accepted the award on behalf of his late wife Carol, and Mrs. Bullitt
accepted her award.
Mr. Mike Edgin, Mathis, West, Huffhines, 624 Indiana presented the City's Comprehensive
Annual Financial Report.
Item 5
The Minutes were approved as distributed.
48
Item 6a-7a
City Manager gave a briefing on the items listed under the Consent Agenda.
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
RESOLUTION NO. 34-2002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO ACCEPT THE BRIDWELL STREET RECONSTRUCTION PROJECT
(CDBG) AND AUTHORIZE FINAL PAYMENT TO FREEMAN CONSTRUCTION
CO.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Item 6b
RESOLUTION NO. 35-2002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO ACCEPT THE 2001 STREET RESURFACING PROJECT PHASE II,
AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT CO.; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 6c
RESOLUTION NO. 36-2002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
THE UNIVERSITY KIWANIS CLUB OF WICHITA FALLS, GRANTING
CONCESSION RIGHTS FOR FOOD AND DRINK SALES AT THE UNIVERSITY
KIWANIS PARK BASEBALL FIELDS BUILDING DURING THE SUMMER 2002
BASEBALL SEASON; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Item 6d
RESOLUTION NO.37-2002
RESULTION AUTHORIZING THE CITY MANAGER TO APPLY FOR $39,200.00 IN
GRANT FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY/UNITED STATES FIRE ADMINISTRATION-ASSISTANCE TO
FIREFIGHTER GRANT PROGRAM TOWARD THE PURCHASE OF SELF-
CONTAINED BREATHING APPARATUS; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
Item 7a
Minutes of the following board meeting were received.
a. Board of Adjustment—January 16, 2002
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Item 8a
The appeal submitted by Mr. David Bates regarding the Wichita Falls/Wichita
County Public Health District's decision denying approval of the septic system at 3653
Wellington Lane was discussed. It was noted that a special meeting had been held April 1,
2002 at the location of the septic system with representatives from TNRCC who inspected
the site and agreed that the Health Department's denial was in order and outlined ways that
Mr. Bates might bring plans into compliance.
City Attorney noted that it was proper for Council to take action in the event their
appeal is denied. They can file an amended plan and there is no need for further Council
action.
Moved by Councilor Altman to remove from the table the consideration on the
appeal of the decision of the City of Wichita Falls/Wichita County Health District's denying
approval of the septic system at 3653 Wellington Lane.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins
Nays: None
Motion before the Council now is to deny the appeal and an affirmative vote would be to
deny the appeal.
Motion to deny the appeal carried as follows.
Ayes: Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins
Nays: Mayor Lueck
Item 9a
ORDINANCE NO. 25-2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING CHAPTER 106, ARTICLE VII OF THE CODE OF
ORDINANCES, CITY OF WICHITA FALLS, TEXAS, CONCERNING THE
REGULATION OF THE DISCHARGE OF INDUSTRIAL WASTEWATER INTO THE
SANITARY SEWER SYSTEM AND THE STORM DRAINAGE SYSTEM; DEFINING
TERMS; REGULATING DISCHARGES OF CERTAIN SUBSTANCES INTO THE
WASTEWATER TREATMENT SYSTEM; PROVIDING LIMITATIONS ON
WASTEWATER STRENGTH; PROVIDING FOR SEWAGE SURCHARGES;
REQUIRING PERMITS FOR CERTAIN INDUSTRIAL DISCHARGERS; PROVIDING
FOR PERMIT FEES; PROVIDING REPORTING REQUIREMENTS; PROVIDING
FOR SUSPENSION AND DISCONNECTION OF SERVICE AND REVOCATION OF
PERMIT; PROVIDING FOR PENALTIES; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR EMERGENCY PASSAGE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE
Moved by Councilor Altman that Ordinance No. 25-2002 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
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Item 9b
ORDINANCE NO. 26-2002
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, RECODIFYING SECTIONS 106-921 AND 106-922 OF CHAPTER
106, ARTICLE VII, DIVISION 6, REGARDING WASTEWATER DISCHARGE
PERMIT FEES AND ABNORMAL SEWAGE SURCHARGES; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR EMERGENCY
PASSAGE; 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. 26-2002 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 9c
ORDINANCE NO. 27-2002
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, RENAMING FM 2380, ALSO KNOWN AS LAKE ROAD, TO KEMP
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 Williams that Ordinance No. 27-2002 be passed.
Motion seconded by Councilor Ammons.
Council felt that the effective date should be extended to allow businesses in the
affected area to make any necessary adjustments.
Moved by Councilor Altman to amend Section 1 of the proposed ordinance by
adding the following phrase at the end of the sentence: "effective January 1, 2004.
Sentence would then read: TM 2380, also known as Lake Road, starting at Southwest
Parkway to the city limits of Wichita Falls as shown on the attached map is hereby renamed
to Kemp Boulevard effective January 1, 2004."
Motion seconded by Councilor Burns and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, Burns, and Hawkins
Nays: Councilor Ammons
Councilors Ammons and Hawkins felt that the street name should remain as Lake
Road because it was an identifier to the Lake.
Motion as amended carried by the following vote
Ayes: Mayor Lueck, Councilors Williams, Esther, Altman, and Burns,
Nays: Councilors Ammons and Hawkins
51
Item 9d
ORDINANCE NO. 28-2002
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, WAIVING SECTION 94-128(a)(3) WITH RESPECT TO PLACING
SIDEWALK ON CRESCENT LANE, LOT 1 CAPITAL ADDITION
SUBDIVISION; 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. 28-2002 be passed.
Motion seconded by Councilor Ammons.
Randy Blaine, 4206 Scottsdale, owner of the property in question, spoke in favor of
the ordinance, but if he is required to construct a sidewalk, he asked that he be allowed to
put in a sidewalk only on the property that he uses, which is 250 feet. He suggested that he
begin sidewalk construction on Iowa Park Road down to Crescent Lane for 261 feet and
stop at his back fence line. The 261 feet is the portion he uses; he does not use the back
554 feet of property which is a vacant lot.
Councilor Burns suggested suspending the sidewalk requirement instead of waiving
it. It was suggested that the Sidewalk Committee look at ways to suspend rather than to
permanently waive, as is currently the policy.
After a lengthy discussion on sidewalk policy and waivers, the following amendment
was proposed.
Moved by Councilor Burns to amend Section 1 of the proposed ordinance to read as
follows: "Said requirement for sidewalk along Crescent Lane from the sewer easement to
the north property line, along the west line of Lot 1, Capital Addition Subdivision is hereby
suspended pending development of the described area in a manner requiring a building
permit."
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Burns, and Hawkins
Nays: Councilor Altman
Item 9e
ORDINANCE NO. 29 -2002
ORDINANCE AMENDING ORDINANCE 50-2001 AT SUBSECTION 5.01,
ENTITLED RIGHTS-OF-WAY FEE, TO UPDATE THE MONTHLY FEE FOR
ACCESS LINE RATES; 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.29-2002 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
Councilor Burns stepped out of Council Chambers.
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Item 10a
RESOLUTION NO. 38-2002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO APPROVE ADVANCE FUNDING AGREEMENT FOR THE
REHABILITATION OF FM 369 (SOUTHWEST PARKWAY); 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. 38-2002 be approved.
Councilor Williams stepped out of Council Chambers.
Motion seconded by Councilor Altman and carried by the following vote.
Ayes: Mayor Lueck, Councilors Ammons, Esther, Altman, and Hawkins
Nays: None
Item 10b
City Manager requested that this item dealing with the Wichita Falls Landmark Historic
District guidebook be removed from the agenda. The Landmark Commission requested this be
removed to refine the proposed resolution.
Item 11 a
Councilor Esther requested that all information and action taken by Council on the issue of
the Bates septic system be maintained in their file so that there will not be a misunderstanding in
the future.
Councilor Hawkins requested that staff check into the traffic signal at Missile Road and SH
q 9
240.
Councilor Williams mentioned that there was a move from someone in government to
frighten citizens into thinking that Council is going to outlaw garage sales. She informed that it is
not so, and this is the second time that scare tactics have been involved and next time she is going
to name names.
Councilor Ammons expressed appreciation to Staff for their quick response in looking into
the need for additional lighting and street repair in Wichita Gardens.
Councilor Burns asked that the number of school crosswalks be looked into around the
Fowler Elementary School. Citizen's concern was having too many crosswalks in that particular
area.
Councilor Altman mentioned that City employee Susan Morris had received some unfair
criticism from some people regarding the handling of the Bates septic system issue. He felt she
acted professionally and made the right decision with the information she was provided. He
expressed appreciation to the Staff for accurate and thorough material provided to Council the last
four years of his tenure on the Council.
Mayor mentioned that the City Manager sends out two people on Saturday to take down the
garage sale signs. He is opposed to this. Regarding Susan Morris, he stated that he has received
numerous complaints and has told those persons to contact Councilor Altman.
Item 11 b
Mr. Dave Clark stated that Senator Kay Bailey Hutchison will be in Wichita Falls and
will be touring the Holt Hotel on Wednesday at 2:45 p.m. and invited interested persons to
attend.
53
Item 11 b continued
Roy Ressell informed that there will be a project sponsored by TNRCC on April 9 at
Texoma Fertilizer where citizens can participate in eliminating hazardous waste.
City Manager informed that it does not appear the City can legally send money to
New York City after the September 11, 2001 disaster, as previously requested by Carol
Wagner. He did note that a lot of money was received at the Fire Department and
approximately $40,000 has been sent to New York City on behalf of the citizens of Wichita
Falls.
City Manager referred to the electronic recycling and stated that the City is not going
into that business. He also mentioned that anyone who wants to get on the State
purchasing list can, and would then be eligible to bid on any appropriate City bid that goes
through the State purchasing.
City Manager clarified that it is a stretch to say that the City is considering outlawing
garage sales because he has instructed that illegally posted signs be taken down. City
Ordinance prohibits posting signs on utility poles and City right of way to prevent traffic
hazards. This is not anti garage sales; it is complying with City Code.
City Council adjourned at 10:45 a.m.
PASSED AND APPROVED this day of 2002.
JERRY LUECK
MAYOR
ATTEST:
Lydia Torres
City Clerk
i
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, April 2,
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: Rev. Robert Landback
Church Of The Good Shepherd
4. Presentations: Comprehensive Annual Financial Report
5. Approval of Minutes
CONSENT AGENDA
6. Resolutions:
a. Resolution To Accept The Bridwell Street Reconstruction
Project (CDBG) And Authorize Final Payment To Freeman
Construction Co. (City Council Bill #64)
b. Resolution To Accept The 2001 Street Resurfacing Project,
Phase II, And Authorize Final Payment To Zack Burkett Co.
(City Council Bill #65)
c. Resolution Authorizing The City Manager To Execute A
Contract With The University Kiwanis Club Of Wichita Falls
City Council Agenda
Tuesday, , 2001
Page 2
Granting Concession Rights For Food And Drink Sales At
The University Kiwanis Park Baseball Fields Building During
The Summer 2002 Baseball Season. (City Council Bill #66)
d. Resolution Authorizing The City Manager To Apply For
$39,200.00 In Grant Funds From The Federal Emergency
Management Agency/United States Fire Administration-
Assistance To Firefighter Grants Program Toward The
Purchase Of Self-Contained Breathing Apparatus. (City
Council Bill #66)
e. (City Council Bill # )
f. (City Council Bill # )
7. Receive Minutes:
a.
b.
C.
REGULAR AGENDA
8. Appeals:
a. An Appeal By David Bates Of The Decision Of The Wichita
Falls/Wichita County Public Health District, Denying
Approval Of The Septic System At 3653 Wellington Lane.
9. Ordinances:
a. Ordinance Amending Chapter 106 Of The Code Of
Ordinances Which Regulates Industrial Wastewater
Discharges. (City Council Bill # )
b. Ordinance Recodifying Sections 106-921 And 106-922 Of
Chapter 106, Article VII, Division 6, Regarding Wastewater
Discharge Permit Fees And Abnormal Sewage Surcharges.
(City Council Bill # )
c. Ordinance Renaming Fm 2380, Also Known As Lake Road,
To Kemp Boulevard. (City Council Bill # )
d. 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
City Council Agenda
Tuesday, , 2001
Page 3
10. Resolutions:
a. Resolution To Approve Advance Funding Agreement For
The Rehabilitation Of FM 369 (Southwest Parkway). (City
Council Bill # )
b. Resolution Recognizing And Endorsing The Implementation
Of Instructions For Completing Wichita Falls Landmark &
Historic District Nomination Forms. (City Council Bill # )
11 . Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
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