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Min 05/07/2002 62 Wichita Falls, Texas Memorial Auditorium Building May 7, 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 Pastor Ron Redding, Highland Heights Baptist Church, gave the invocation. Item 3 ORDINANCE NO. 37-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CANVASSING THE RETURNS OF THE MUNICIPAL GENERAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON MAY 4, 2002; 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. 37-2002 be passed. Motion seconded by Councilor Esther. Mayor Lueck and City Clerk Lydia Torres canvassed the results of the City Election held on May 4, 2002. After canvassing the election returns, the motion to pass Ordinance 37-2002 was voted on. Motion carried as follows. Ayes: Mayor Lueck, Councilors Williams, Ammons, Esther, Altman, Burns, and Hawkins Nays: None Item 4 City Clerk, Lydia Torres, administered the official oath of office to William K. Altman, Mayor, David Michael Norrie, Councilor District 3, Johnny Alan Burns, Councilor District 4, and Harold Lee Hawkins, Councilor District 5. 63 Item 4 continued Newly elected Mayor Altman, on behalf of the City Council, expressed appreciation to outgoing Mayor Lueck for his two years service on the Council and presented him with a plaque, a portrait, and a gift. City Council recessed for a thirty minute reception honoring outgoing Mayor Lueck and welcoming the newly elected and re-elected officials. City Council reconvened at 10:15 a.m. Item 6 Larry Sanner, 5007 Lake Shore Drive, expressed appreciation for the professional manner in which Lydia Torres, City Clerk, conducted the election and resolved issues arising on Election Day. Item 7 Mrs. Mary Ann Merriex, Licensed Vocational Nurse, Health Department, was recognized as employee of the month for May 2002. Mayor presented Mrs. Merriex with a plaque, check, dinner for two, transit and theater passes. Mayor Altman proclaimed the week of May 5-11, 2002 as "National Correctional Officer Week" in Wichita Falls. Mayor Altman proclaimed the week of May 6-12, 2002 as "Respect for Law Week" in Wichita Falls. Mayor Altman welcomed the Cunningham School Council and teachers who were in the audience. Item 7b Mr. Paul Gwynn, Laboratory and Water Pollution Coordinator, Health Department madea presentation on Grease Waste. He noted that a proposed ordinance would be forthcoming to the Council regarding this issue in June or July. Item 7c Mr. Scott Taylor responded to questions from the last Council meeting regarding State requirements. Mr. Taylor informed that the Texas Engineering Act requires that a licensed engineer in the State of Texas must design all public improvements that are structural, electrical or mechanical and over $8,000 in value. If it is not mechanical, electrical or structural, that value is $20,000. It is Mr. Taylor's determination that doing a roof on any public building is structural, so based on that they estimate the cost of this project to exceed $8,000. The law further talks about the competency of the engineer to do the design and states that the engineer should only design those projects in which he has education or experience. Mr. Taylor does not feel that anybody on his staff has the expertise to evaluate a roof and then to evaluate what kindof roofing system is needed. He informed that the Texas Engineering Act does allow a consultant to work under a registered engineer that works in that field. Also, the Texas Board of Architectural Examiners regulations state that if the Texas Engineers Act requires a licensed engineer then a licensed architect may also perform those duties. That was the reasoning behind his recommendation. Mr. Michael Koen, Architect, 2211 Midwestern Parkway, Suite 4 provided information on the Re-roofing of Fire Station #4 Project, as well as on the requirements and role of an architect. 64 Item 7c continued Mayor suggested that in the future architectural plans also be in digital format. Item 8 The Minutes were approved as distributed. Item 9a-10d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Williams that the Consent Agenda be approved. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9a RESOLUTION NO. 44-2002 RESOLUTION TO ACCEPT THE ANAEROBIC DIGESTER AND CLARIFIER RECOATING PROJECT AND AUTHORIZE FINAL PAYMENT TO CHAMPION COATINGS, INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 9b RESOLUTION NO. 45-2002 RESOLUTION TO AWARD BID AND CONTRACT FOR THE 2002 ALLEY REHABILITATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 10a-10d Minutes of the following board and commission meetings were received. a. Landmark Commission—April 17, 2002 b. Public Health Board — February 2, 2002 c. Clean Community Commission —April 11, 2002 d. Civil Service Commission—April 3, 2002 Item 11 a ORDINANCE NO. 38-2002 ORDINANCE WAIVING UTILITY CHARGES AT 1505 BURNETT STREET; 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.38 -2002 be passed. Motion seconded by Councilor Esther. 65 Item 11 a continued This issue was discussed at length. Ms. Veguilla spoke on her behalf and through an interpreter, Beatrice Martin. She explained her situation and informed that she was on SSI. City Attorney expressed concern on the City's position as to an out right waiver. He reminded Council that there are provisions in the Constitution that talk about free services for private purposes. In addition, there are covenants in our outstanding bond obligations that address providing free service and expressly prohibit that. As you debate this issue be mindful that to actually waiver this bill in its entirety may present issues elsewhere. City Attorney was asked if allowing Ms. Veguilla to pay $1/month for 1339 months would satisfy his concerns, and he replied that it would. Moved by Mayor Altman to amend Section 1 of the proposed ordinance by deleting the wording in that section and replacing it with the following wording: "Water charges in the amount of$1338.45 incurred by Ms. Maria Veguilla at 1505 Burnett for the month of March 2002 may be paid at a rate of$1.00/month without interest. Motion seconded by Councilor Williams. It was noted that the intent is that this monthly $1.00 charge would be added on to her normal water bill. If she does not get another meter she does not have to pay the $1.00/month. As long as she has a meter she will have to pay the $1.00/month. Motion on the amendment carried as follows. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried as follows. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 11 b ORDINANCE NO. 39-2002 ORDINANCE WAIVING SECTION 14-384 OF THE CODE OF ORDINANCES WHICH PROHIBITS GIVING ANIMALS AS PRIZES OR INDUCEMENTS; 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. 39 -2002 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 66 Item 12a RESOLUTION NO. 46-2002 RESOLUTION APPROVING A TEMPORARY ALCOHOLIC BEVERAGE PERMIT IN A LIMITED COMMERCIAL ZONE FOR A ONE-DAY EVENT JUNE 15, 2002, AT THE HARRISON HOUSE, 2014 ELEVENTH STREET; 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. 46 -2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 12b RESOLUTION NO. 47-2002 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR THE SECONDARY RESERVOIR PIPELINE IMPROVEMENT PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Norrie stepped out of Council Chambers. Moved by Councilor Williams that Resolution No. 47-2002 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Councilor Norrie returned to Council Chambers. Item 12c RESOLUTION NO. 48-2002 RESOLUTION TO AWARD BID AND CONTRACT FOR THE WELLINGTON LANE WATER LINE LOOP 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 Williams that Resolution No. 48 -2002 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 67 Item 12d RESOLUTION NO. 49-2002 RESOLUTION AWARDING A PROPOSAL TO BUSINESS IMAGING SYSTEMS, INCORPORATED FOR A POLICE DOCUMENT IMAGING SYSTEM AND AUTHORIZING THE PURCHASE OF RELATED HARDWARE FROM THE STATE QUALIFIED INFORMATION SYSTEMS VENDOR LIST; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Burns that Resolution No. 49-2002 be passed. Motion seconded by Councilor Williams. Councilor Hawkins stepped out of Council Chamber. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Item 12e RESOLUTION NO. 50-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH URS GREINER WOODWARD CLYDE TO PERFORM PRELIMINARY DESIGN, FINAL DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES FOR IMPROVEMENTS AT THE KICKAPOO DOWNTOWN AIRPARK; 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. 50-2002 be passed. Motion seconded by Councilor Ammons. Councilor Hawkins returned to Council Chambers. Mrs. Leslie Sagar and Mr. Robert Schmidt, URS Greiner Woodward Clyde representatives, gave a presentation on the Kickapoo Downtown Airpark. A copy of that information is attached hereto as Exhibit A. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 12f RESOLUTION NO. 51-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH URS GREINER WOODWARD CLYDE TO CONDUCT AN AIRPORT MASTER PLAN FOR KICKAPOO DOWNTOWN AIRPARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 68 Item 12f continued Moved by Councilor Esther that Resolution No. 51-2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 12q RESOLUTION NO. 52-2002 RESOLUTION TERMINATING THE 1956 AGREEMENT WITH THE JUNIOR CHAMBER OF COMMERCE REGARDING DEVELOPMENT OF JAYCEE PARK AND CHANGING THE NAME TO LAKE WICHITA PARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Burns that Resolution No. 52-2002 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 12h RESOLUTION NO. 53-2002 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR TEXAS DEPARTMENT OF HEALTH GRANT FOR LOCAL PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM; 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. 53 -2002 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 13a Councilor Esther mentioned some of the projects such as Kickapoo Airpark, the Coliseum, the water issues, and noted how Council had remained focused. He stated that if the Council looks at the Wellington loop and those areas they would be on target and he expressed hopes of staying on target. Councilor Hawkins welcomed Bill Altman as Mayor and Michael Norrie as Councilor District 3. He added that this had been an enjoyable Council meeting. He requested that persons with cell phones be asked to turn them off during Council meetings. He looks forward to the next two years with this proactive Council. 69 Item 13a continued Councilor Williams was pleased that Bill Altman is our Mayor. All Mayors that she has worked with have had and will continue to have her support. She thinks that this Council will accomplish much. Councilor Ammons concurred with Councilor Williams. She asked for an update on the Ninth Street Trailer Park. Mr. Dave Clark provided an update. City Attorney informed that they are working on some issues that will be coming before the Council. Councilor Ammons asked for an update on the fire station bids. Mr. Clark informed that they will be advertised and they will be sealed bids. Councilor Burns congratulated the Mayor and Councilor Hawkins and welcomed Councilor Norrie on board. He expressed appreciation to the voters who got out and voted. He felt it was a respectable turnout. It has been a good meeting. Councilor Norrie was impressed with how everyone has made him feel welcomed. He expressed appreciation to the City Manager, City Clerk Lydia Torres, Mr. Scott Taylor and others who assisted him and provided him with quite a bit of information. He looks forward to the next two years. Mayor Altman stated that it was apparent that this was going to be a Council that works together. We will disagree at times but we will be a progressive and effective Council and he looks forward to working with everyone. He encouraged the citizens to express their comments to the Council. Item 13b Major Gerald Todd, Police Department gave a report on the mail bombs. City Manager stated that he looks forward to working with this Council. We are going to work with you and will continue the progress mentioned this morning. Item 13c There was no executive session; this item was erroneously placed on the agenda. City Council adjourned at 12:15 p.m. PASSED AND APPROVED this-day ofY L 2002. WILLIAM K. ALTMAN MAYOR ATTEST: VuLb Lydia Torres l 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, May 7, 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. TELEVISED SERVICES TO BEGIN 2. Invocation: Pastor Ron Redding Highland Heights Baptist Church 3. Canvass The Returns Of The Municipal General/Special Election Election Held In The City Of Wichita Falls, Texas On May 4, 2002. (a) Ordinance Canvassing The Returns Of The Municipal General/Special Election Held In The City Of Wichita Falls, Texas On May 4, 2002. (City Council Bill #87) 4. Administering Of Oath To New Council Members. R E C E S S 5. Call To Order. 6. 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.) City Council Agenda Tuesday, May 7, 2002 Page 2 7. Presentations: (a) Employee Of The Month (b) Health Department (c) Michael E. Koen, Architect Inc. 8. Approval of Minutes CONSENT AGENDA 9. Resolutions: a. Resolution To Accept The Anaerobic Digester And Clarifier Recoating Project, And Authorize Final Payment To Champion Coatings, Inc. (City Council Bill #88). b. Resolution To Award Bid And Contract For The 2002 Alley Rehabilitation Project. (City Council Bill #89) 10. Receive Minutes: a. Landmark Commission — April 17, 2002 b. Public Health Board — February 2, 2002 c. Clean Community Commission — April 11 , 2002 d. Civil Service Commission — April 3, 2002 REGULAR AGENDA 11 . Ordinances: a. Ordinance Waiving Utility Charges At 1505 Burnett Street. (City Council Bill # 90) b. Ordinance Waiving Section 14-384 Of The Code Of Ordinances Which Prohibits Giving Animals As Prizes Or Inducements. (City Council Bill #91) 12. Resolutions: a. Resolution Approving A Temporary Alcoholic Beverage Permit In A Limited Commercial Zone For A One-Day Event June 15, 2002, At The Harrison House, 2014 Eleventh Street. (City Council Bill #92) City Council Agenda Tuesday, May 7, 2002 Page 3 b. Resolution To Approve Change Order No. 1 For The Secondary Reservoir Pipeline Improvement Project. (City Council Bill #93) c. Resolution To Award Bid And Contract For The Wellington Lane Water Line Loop Project. (City Council Bill #94) d. Resolution Awarding A Proposal To Business Imaging Systems, Incorporated For A Police Document Imaging System And Authorizing The Purchase Of Related Hardware From The State Qualified Information Systems Vendor List. (City Council Bill #95) e. Resolution Authorizing The City Manager To Execute An Agreement With URS Greiner Woodward Clyde (URS) Of Fort Worth To Perform Preliminary Design, Final Design, Bidding And Construction Phase Services For Improvements At The Kickapoo Downtown Airpark. (City Council Bill #96) f. Resolution Authorizing The City Manager To Execute An Agreement With URS Greiner Woodward Clyde (URS) Of Fort Worth To Complete An Airport Master Plan For Kickapoo Downtown Airpark. (City Council Bill #97) g. Resolution Terminating The 1956 Agreement With The Junior Chamber Of Commerce Regarding Development Of Jaycee Park And Changing The Name To Lake Wichita Park. (City Council Bill #98) h. Resolution Authorizing The City Manager To Apply For Texas Department Of Health Grant For Local Public Health Preparedness And Response For Bioterrorism. (City Council Bill #99) 13. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: 14. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east City Council Agenda Tuesday, May 7, 2002 Page 4 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