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Min 04/16/2002 54 Wichita Falls, Texas Memorial Auditorium Building April 16, 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. Beatrice Martin, 2008 Buchanan, spoke on behalf of Maria Veguilla, 1505 Burnett Street, requesting relief on a $1068.68 water bill. Ms. Veguilla lives in a duplex and there was a leak on the other duplex, which is vacant. Councilor Altman directed staff to look into this and that it be placed on the next Council agenda for action. Janice Kinnard, 4605 Stanford, was asking Council for reprieve on garage sale signs and review of sign ordinance. Item 3 Reverend Steve Scott, Woodhaven Baptist Church, gave the invocation. Item 4 Mayor proclaimed the week of April 22-26, 2002 as "Champions of Mental Health Week" in Wichita Falls. James E. Smith, Superintendent of the North Texas State Hospital, Elizabeth Norwood, Board Co-Chair, Eric Shelton, Board Co-Chair, and Jerry McClain, Public Information Officer for North Texas State Hospital, accepted the proclamation. Item 5 The minutes were approved as distributed with one correction. Item 6a-7g City Manager gave a briefing on the items listed under the Consent Agenda. 55 Item 6a-7g continued Councilor Altman noted that Item 6a had an incorrect Council Bill number in the agenda book. Moved by Councilor Altman that the Consent Agenda be approved with the exception of Item 6a. 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 6b RESOLUTION NO. 40-2002 RESOLUTION TO APPROVE PIPELINE LICENSE WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO INSTALL WATER LINE ACROSS RAILROAD RIGHT-OF-WAY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7a-7g Minutes of the following board and commission meetings were received. a. Library Advisory Board — March 26, 2002 b. Landmark Commission — March 28, 2002 c. Planning & Zoning — March 13, 2002 d. Board of Adjustment— March 20, 2002 e. Park Board Meeting — March 28, 2002 f. Traffic Safety Commission — March 6, 2002 g. Clean Community Commission —April 4, 2002 Item 6a RESOLUTION NO. 39-2002 RESOLUTION TO APPROVE PIPELINE LICENSE WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO INSTALL WATER LINE ACROSS RAILROAD RIGHT-OF-WAY; 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 approve Resolution No. 39-2002 denoting that this is Council Bill 75 and not Council Bill 76. Motion seconded by Councilor Williams 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 56 Item 8a A proposed ordinance was presented reappointing Larry Gillen Municipal Judge. Moved by Councilor Burns that proposed ordinance be approved. Motion seconded by Councilor Esther. Moved by Councilor Altman to table this item until after executive session. 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 8b ORDINANCE NO. 31-2002 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE FROM THE STATE OF TEXAS FOR THE TEXAS DEPARTMENT OF TRANSPORTATION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM WAVE GRANT FY 2002 FOR TRAFFIC ENFORCEMENT THROUGH THE "CLICK IT OR TICKET" PROGRAM; 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. 31-2002 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 8c ORDINANCE NO. 32-2002 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE FROM THE STATE OF TEXAS FOR THE TEXAS DEPARTMENT OF TRANSPORTATION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM WAVE GRANT FY 2002 FOR TRAFFIC ENFORCEMENT THROUGH THE "HOLIDAY STEP WAVES" PROGRAM; 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. 32 -2002 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 57 Item 8d ORDINANCE NO. 33-2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, SUSPENDING THE EFFECTIVE DATE OF PROPOSED REVISIONS OF RATES AND SCHEDULES OF TXU GAS DISTRIBUTION, A DIVISION OF TXU GAS COMPANY, A GAS UTILITY UNDER SUBTITLES A & B OF TITLE 3 OF THE TEXAS UTILITIES CODE, WITHIN THE CITY OF WICHITA FALLS FOR 90 DAYS FROM AND AFTER APRIL 25, 2002; PROVIDING FOR THE CONTINUATION OF EXISTING RATES WITHIN THE CITY OF WICHITA FALLS; AUTHORIZING THE CITY ATTORNEY TO PARTICIPATE IN THE NORTHWEST REGION STEERING COMMITTEE; 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 Esther that Ordinance No. 33-2002 be approved. Motion seconded by Councilor Williams. Jim Chase, Oncor District Manager, explained the proposed rate increases. He encouraged the City to suspend this request for ninety days and informed that 27 of the 36 cities have already suspended and are talking about forming a coalition. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 8e ORDINANCE NO. 34-2002 ORDINANCE WAIVING SECTION 82-58 OF THE CODE OF ORDINANCES GRANTING THE WICHITA FALLS RADIO CONTROL CLUB LICENSE TO DRIVE MOTORIZED VEHICLES UPON THE GRASS IN ORDER TO MOW AND IRRIGATE THE TURF AROUND THE MODEL AIRCRAFT RUNWAY IN JAYCEE PARK; 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. 34-2002 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 8f ORDINANCE NO. 35-2002 ORDINANCE WAIVING SECTION 82-63 OF THE CODE OF ORDINANCES GRANTING THE WICHITA COUNTY HUMANE SOCIETY PERMISSION TO POST SIGNS DURING THEIR EVENT MAY 4, 2002 IN LUCY PARK; 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. 35-2002 be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins 58 Item 8f continued Nays: None Item 8 ORDINANCE NO. 36-2002 ORDINANCE AMENDING ORDINANCE NO. 16-2002 TO SUSPEND 2222 JASPER FROM THE DEMOLITION LIST APPROVED BY SAID ORDINANCE, TO ALLOW THE PROPERTY'S CURRENT OWNER ADDITIONAL TIME TO REHABILITATE THE STRUCTURE; 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. 36-2002 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 9a RESOLUTION NO. 41-2002 RESOLUTION DECLARING THE VACATED FIRE STATIONS LOCATED AT 1701 MIDWESTERN PARKWAY, BLOCK 10, ABSTRACT 305, J.A. SCOTT SURVEY NO. NINE (9) AND 2515 FILLMORE, LOTS 9, 10, 11 AND 12, BLOCK 16-A, HIGHLAND ADDITION, WICHITA COUNTY, TEXAS, AS EXCESS PROPERTY; DIRECTING THE PROPERTIES TO BE SOLD BY SEALED BID; AUTHORIZING THE CITY MANAGER TO APPROVE THE SALE OF THESE PROPERTIES AND TO EXECUTE DEEDS TO CONVEY TITLE; 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. 41-2002 be approved. Motion seconded by Councilor Esther. Moved by Councilor Altman to delete the first Section 2 in the proposed resolution, which reads as follows: "The City Manager is authorized to approve the sale of these properties, and to execute deeds to convey title." The second Section 2 will be retained and it reads as follows: "It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law." 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 59 Item 9b RESOLUTION NO. 42-2002 RESOLUTION TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH MICHAEL E. KOEN ARCHITECT INC. FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE REROOF OF FIRE STATION #4; 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. 42-2002 be approved. Motion seconded by Councilor Williams. The need for an architect was discussed and it was noted that State law requires public work improvements over$10,000 be done by a registered architect. Councilor Altman requested that Mr. Mike Koen, Architect, come before the Council and give a step by step review on why there is a necessity for an architect. Motion carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 9c RESOLUTION NO. 43-2002 RESOLUTION AWARDING THE SEALED BID FOR EXCESS CITY-OWNED PROPERTY LOCATED AT 4304 ALPINE AND CONSISTING OF A 1.893 ACRE TRACT IN THE CHEROKEE COUNTY SCHOOL SUBDIVISION, BLOCK 4, RE- PLAT TWIN OAKS PARK AND AUTHORIZING EXECUTION OF THE DEED TO CONVEY TITLE; 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. 43-2002 be approved. 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 Moved by Councilor Burns to award bid to Mote, Inc. in the amount of$18,320.00, to Davis Construction Company in the amount of$14,219.00, and to Zac Corporation in the amount of $10,034.00 for the demolition of various hazardous structures. Councilor Burns explained that the decreased amount to Mote, Inc. reflected the property at 2222 Jasper that was removed from the demolition list in Agenda Item 8g above. Motion seconded by Councilor Hawkins. Lida Martin, Phoenix Arizona, spoke in reference to the Ninth Street Trailer Park, Items 14- 19 on the bid tabulation list of structures to be demolished. She requested a ninety-day extension. Mrs. Martin purchased this property from John Stacey and he did not inform her it was red-tagged. Mayor informed her that she would have to put up escrow funds in the amount of$5,558 and submit a plan to the City and bring the property up to Code. Councilor Williams added that she is required to provide proof of financial ability to remedy that property. 60 Item 10a continued Moved by Councilor Burns to amend the motion by removing from the bid tabulation list items 14 through 19 in the amount of$5,558 from the bid to Davis Construction and amend their award of bid to $8,661 total for those two buildings. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None David Brock, 1819 Hines spoke regarding 601 Denver. He informed that dismantling was started on this property prior to the bid being awarded. He asked Council not to allow contractors to go into property until the contract is awarded. Main motion as amended carried by the following vote. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 11 a Councilor Ammons informed that property that is red tagged is not filed at the Courthouse, therefore, title companies are not aware of that information. Councilor Burns informed that Early Voting for the Joint City-School Election would begin Wednesday, April 17. City Clerk provided information on Early Voting. Councilor Altman requested that staff give a report on the lights on Scott Street. Councilor Esther asked that Staff look into the need for additional lighting on Harding Street off Trout Street. He asked voters that when they go to the polls that they remember the right of voting in a free society. Guard your right and not get into personalities. We have flaws that need to be corrected and we need talented people to make those decisions. Think about your City in who will do the best job. Councilor Hawkins thanked Darron Lieker for his immediate response to citizen concerns. He was glad to see the traffic lights that have been taken out and hopes to see the one at El Mejicano taken out also. He spoke against the City putting up signs and advertising in the right-of- way but not allowing the citizens to do it. He mentioned that a dumpster with a "Rent Me" sign was in the right-of way at the landfill. He asked that Staff look into this. He hopes the Sidewalk Committee will meet soon and see that some of the injustices are cleared up. He encouraged voters to get out and vote. Councilor Altman agreed with Councilor Hawkins and said the dumpster needs to be moved. City Manager stated that it would be taken care of. Councilor Williams asked the Police Chief to check into the intersection at 101h and Indiana Streets where citizens are running that stop sign. She asked Mr. Darron Lieker to report on how speed limits are set. She asked Mr. Jack Murphy to look into the possibility of having the Senior Zone patrons leave the parking that is up close to the Library patrons. Councilor Esther asked that the Police Chief patrol the intersection of Airport Drive and Spur 325 for drivers who are running that stop sign, and that they enforce the idea of stopping. Councilor Ammons mentioned the radar trailer and asked that anyone interested in participating in the rental of a radar trailer mail their donations to the City of Wichita Falls to the attention of the Traffic Safety Commission. Mayor asked the citizens to vote. It is your City and take time to vote. 61 Item 11 b Darron Lieker reported on how speed limits are set. Item 11 c City Council went into Executive Session at 10:25 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:35 a.m. Item 8a ORDINANCE NO. 30-2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING LARRY GILLEN MUNICIPAL JUDGE FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman to remove Item 8a 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 Moved by Councilor Altman to amend proposed ordinance by inserting the number "two" in the blank, designating that Municipal Judge Larry Gillen be reappointed for a two year term. 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 City Council adjourned at 10:40 a.m. PASSED AND APPROVED this � day of 16AA 12002. WILLIAM K. ALTMAN MAYOR ATTEST: i 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, April 16, 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 Steve Scott Woodhaven Baptist Church 4. Presentations: (1 ) Falls Fest (2) Champions Of Mental Health Week Proclamation (3) Community Development Month Proclamation 5. Approval of Minutes CONSENT AGENDA 6. Resolutions: a. Resolution To Approve Pipeline License With The Burlington Northern And Santa Fe Railway Company To Install A 16- Inch Water Line Across Railroad Right-Of-Way. (City Council Bill #75) City Council Agenda Tuesday, April 16, 2002 Page 2 b. Resolution To Approve Pipeline License With The Burlington Northern And Santa Fe Railway Company To Install A 20- Inch Water Line Across Railroad Right-Of-Way. (City Council Bill #76) 7. Receive Minutes: a. Library Advisory Board Minutes — March 26, 2002 b. Landmark Commission — March 28, 2002 c. Planning & Zoning Commission — March 13, 2002 d. Board Of Adjustment — March 20, 2002 e. Wichita Falls Park Board — March 28, 2002 f. Wichita Falls Traffic Safety Commission — March 6, 2002 g. Clean Community Commission — April 4, 2002 REGULAR AGENDA 8. Ordinances: a. Ordinance Appointing Larry Gillen Municipal Judge For A Specified Term. (City Council Bill #77) b. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue From The State Of Texas For The Texas Department Of Transportation Selective Traffic Enforcement Program Wave Grant FY 2002 For Traffic Enforcement Through The "Click It Or Ticket" Program. (City Council Bill #78) c. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue From The State Of Texas For The Texas Department Of Transportation Selective Traffic Enforcement Program Wave Grant FY 2002 For Traffic Enforcement Through The "Holiday Step Waves" Program. (City Council Bill #79) d. Ordinance Suspending The Effective Date Of Proposed Revisions Of Rates And Schedules Of TXU Gas Distribution Within The City Of Wichita Falls For 90 Days From And After April 25, 2002; Authorizing The City Attorney To Participate In The Northwest Region Steering Committee. (City Council Bill #80) e. Ordinance Waiving Sec 82-58 Of The Code Of Ordinances Granting The Wichita Falls Radio Control Club License To City Council Agenda Tuesday, April 16, 2002 Page 3 Drive Motorized Vehicles Upon The Grass In Order To Mow And Irrigate The Turf Around The Model Aircraft Runway In Jaycee Park. (City Council Bill #81) f. Ordinance Waiving Sec 82-63 Of The Code Of Ordinances Granting The Wichita County Humane Society Permission To Post Signs During Their Event May 4, 2002 In Lucy Park. (City Council Bill #82) g. Ordinance Amending Ordinance No. 16-2002 Declaring Certain Structures As Dangerous By Removing 2222 Jasper From The Demolition List And Allowing The Owner Time To Rehabilitate The Structure. (City Council Bill #83) 9. Resolutions: a. Resolution Declaring The Vacated Fire Stations Located At 1701 Midwestern Parkway, Block 10, Abstract 3054A. Scott Survey No. Nine (9) And 2515 Fillmore, Lots 9, 10, 11 & 12, Block 16-A, Highland Addition, Wichita County, Texas, As Excess Property And Directing The Properties To Be Sold By Sealed Bid. (City Council Bill #84) b. Resolution to Approve and Authorize the City Manager to Execute a Contract with Michael E. Koen Architect Inc. for Architectural Services for the Design of the Re-roof of Fire Station #4. (City Council Bill #85) c. Resolution Awarding The Sealed Bid For Excess City- Owned Property Located At 4304 Alpine, A 1 .893 Acre Tract, Out Of Block 4, Cherokee County School, Re-Plat Twin Oaks Park And Authorizing Execution Of The Deed To Convey Title. (City Council Bill #86) 10. Award of Bids: a. Award Of Bid For Demolition Of Various Hazardous 11. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: City Council Agenda Tuesday, April 16, 2002 Page 4 (1) Consider Appointment Of Municipal Court Judge As Authorized By Section 551.074 Of The Texas Government Code. 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