Min 05/21/2002 70
Wichita Falls, Texas
Memorial Auditorium Building
May 21, 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:
Bill Altman - Mayor
Arthur Bea Williams - Councilors
Linda Ammons -
James Esther, Jr -
Michael Norrie -
Johnny Burns -
Matt Benoit - Assistant City Manager
Bill Sullivan - City Attorney
Ramona Coln - Deputy City Clerk
Harold Hawkins - Absent
Mayor called the meeting to order.
Item 2
The following person spoke under Public Comments.
David Brock, 1819 Hines, requested property at 1817-1818 Hines be exempt from the
livestock ordinance.
Item 3
Pastor Kile Bateman, Evangel Temple Assembly of God, gave the invocation.
Item 4
Mayor recognized the winners of the Clean Community Commission poster contest and
presented them with City pins, certificates of appreciation, and gift certificates. Mr. Cliff O'Neal and
Chris Pruitt, members of the Clean Community Commission assisted the Mayor. The following is a
list of the winners.
Elementary:
3rd Place— Patricia Shown — 5th grade/Alamo Elementary
2nd Place— Kristen Esquibel —3rd grade/ Huey Elementary
1 st Place—Carolyn Beckham —6th grade/ Ben Milam Elementary
Secondary:
3rd Place— Luke Gerrard —8th grade/ Kirby Middle School
2nd Place —Andrew Schaffer—7th grade/ Notre Dame Middle School
1 st Place— Deborah Perkins- Zundy Middle School
A special Commissioners Choice Award was presented to Mrs. Puthoff's first grade class of
Notre Dame Elementary.
Mayor proclaimed the month of May 2002 as "National Foster Care Month" in Wichita Falls.
Ron Smithee, President of the Wichita County Foster Parents Association, accepted the
proclamation.
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Item 4 continued
Mayor proclaimed May 21, 2002 as "Meredith Mahler Day" in Wichita Falls. Meredith
Mahler was recognized as Miss Texas Junior National Teen-ager. Miss Mahler accepted the
proclamation. Her parents, Rick & Julie Mahler, were in attendance.
Mr. Lonnie Banks, President of the Texas Lone Star Chapter Solid Waste Association of
North America Board of Directors, and Mr. Vance Kemler, Treasurer, presented the City with a
plaque for a successful 2002 Texas Solid Waste Association of North America's annual
conference. Mr. Ron Smith accepted the plaque.
Item 5
The minutes were approved as distributed.
Items 6a-8f
Assistant City Manager Matthew Benoit 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 Williams and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
Item 6a
RESOLUTION NO. 54-2002
RESOLUTION TO AWARD BID AND CONTRACT FOR SCOTLAND SANITARY
SEWER PROJECT PHASE 2; 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 Koch Materials in the amount of$31,668.00 for the City's
estimated requirement of CRS-2 emulsion products.
Item 8a-8f
Minutes of the following board and commission meetings were received.
a. Clean Community Commission — May 2, 2002
b. Library Advisory Board —April 30, 2002
c. Traffic Safety Commission —April 3, 2002
d. Wichita Falls Park Board —April 25, 2002
e. Planning & Zoning —April 10, 2002
f. Wichita Falls Economic Development Corporation —September 17, 2001
Item 9a
A public hearing was held on the proposed use of Community Development Block
Grant (CDBG) and Home Program Funds for the Consolidated Plan One-Year Action Plan.
Mayor declared the public hearing open.
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Item 9a continued
Mr. Dave Clark explained the process for receipt of these funds as an entitlement
City. He informed that $1,828,000.00 is anticipated in Community Development Block
Grants and $621,000.00 in Home Program funds, and mentioned the national criteria for
use of these funds.
Councilor Ammons asked for additional detail on the lead paint issue. Mr. Clark
provided information on the substantial cost of the federal guidelines for lead based paint
and how it will affect this program.
Mayor called for additional public comments. There being none, Mayor declared the public
hearing closed.
Item 9b
A public hearing was held on the third year annual update to the Public Housing
Agency (PHA) Plan.
Mayor declared the public hearing open.
Mr. Dave Clark gave a briefing on the Section 8 Housing Program. There are now a
total of 989 families that can be assisted under this program. Lead paint hazards are now in
effect as well as more detailed screening of applicants for criminal and drug activity. There
is a proposed 5% increase in rent structure to allow tenants to get a better unit. He
mentioned that these are changes of which the public needs to be aware.
Councilor Ammons mentioned concern about the availability of Section 8 housing in
our City.
Mrs. Katherine Fitch informed there are 137 families on the City's waiting list for
Section 8 housing. She noted that due to the lead based paint regulations imposed this
year it is difficult to find landlords who will rent at the rates set by HUD.
Mr. Clark informed that there are applications before Texas Department of Public
Housing and Community Affairs for low income tax credit projects. He added that two
projects with tax credits have been built in Wichita Falls, a third is under construction, and
an application is pending.
Councilor Williams asked if Wichita Falls Housing Authority is eligible for these
grants. It is her understanding that they have apartments available. Mrs. Fitch replied that
they are not, and noted that 18 months ago the Housing Authority had 180 vacancies but
currently have only 31 units available.
Mayor called for additional public comments. There being none, Mayor declared the public
hearing closed.
Item 10a
Moved by Councilor Williams to reject the bids for four 72" front mount rotary
mowers received on February 22, 2002.
Motion seconded by Councilor Esther.
Mrs. Peggy Gahagan explained that the bids received were for mowers that are no
longer available and the replacement mower did not meet City requirements.
Motion carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
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Item 11 a
A proposed ordinance was presented waiving Chapter 5600 of Appendix B, Zoning
Ordinance, regarding manufactured housing at 211 East Washington.
Moved by Councilor Williams that proposed ordinance be passed.
Motion seconded by Councilor Ammons.
Mr. Dave Clark explained the homeowner's wishes and the reasoning behind Staff's
recommendation to deny this request.
Councilor Williams expressed concern regarding the correct physical address since she
had gone to the location and was unable to find the physical address.
Christina Rodriguez, 1505 North 9th Street, spoke in favor of the proposed ordinance. As
the owner of this property, she wants to improve the site by setting up a newer manufactured
home. She thought that the property was grandfathered.
City Attorney expressed concern on that this would be considered spot zoning if waived,
which is not permitted by Texas law.
David Brock, 1819 Hines, said that he had concerns about incorrect addresses since his
property is in this same area and he felt the tax office had not kept up with 911 street changes.
Motion failed with the following vote.
Ayes: None
Nays: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Item 11 b
ORDINANCE NO. 40-2002
ORDINANCE APPROPRIATING $225,000 FROM THE U.S. DEPARTMENT OF
JUSTICE FOR THE WEED AND SEED 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. 40-2002 be passed.
Motion seconded by Councilor Esther.
Councilor Williams explained that the Weed and Seed Program had applied for these funds,
but because they have not yet received their tax exemption the City has agreed to receive these
funds for them. After Weed and Seed has been accredited by the Internal Revenue Service, they
will receive the funds themselves.
Motion carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
Item 12a
RESOLUTION NO. 55-2002
RESOLUTION AUTHORIZING THE ACQUISITION OF FOUR VACANT
PROPERTIES LOCATED WEST OF THE NEW BOAT RAMP BY LAKE WICHITA
FOR PARK PURPOSES; FINDING AND DETERMINING THAT THE MEETINGAT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
74
Item 12a continued.
Moved by Councilor Burns that Resolution No. 55-2002 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
Item 12b
RESOLUTION NO. 56-2002
RESOLUTION TO ACCEPT THE SUPERVISORY CONTROL AND DATA
ACQUISITION PROJECT AND AUTHORIZE THE TRANSFER OF THE
REMAINING FUNDS TO AN OPERATIONG ACCOUNT; 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. 56-2002 be passed.
Motion seconded by Councilor Ammons.
Mr. Scott Taylor stated that the contract had not been completed by J&K Communications,
however, unforeseen difficulties have arisen and he recommends the project be accepted as
complete and authorize the transfer of the remaining $6,125.25 to the appropriate operating
account to j complete the project.
p p
Motion carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
Item 12c
RESOLUTION NO. 57-2002
RESOLUTION TO ACCEPT THE TAYLOR STREET RECONSTRUCTION (CDBG)
PROJECT AND AUTHORIZE FINAL PAYMENT TO DUKE 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. 57-2002 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
Item 12d
RESOLUTION NO. 58-2002
RESOLUTION TO AWARD BID AND CONTRACT FOR WOODS MEMORIAL PARK
IMPROVEMENT 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 Ammons that Resolution No. 58-2002 be passed.
75
Item 12d continued
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
Item 12e
RESOLUTION NO. 59-2002
RESOLUTION AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE
AGREEMENT WITH CINGULAR WIRELESS, LLC AS RECOMMENDED BY THE
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION AND
APPROVING AN AMENDMENT TO THE CORPORATION'S FY 2001-2002
BUDGET; 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. 59-2002 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
Item 12f
RESOLUTION NO. 60-2002
RESOLUTION AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE
AGREEMENT WITH VERNON COLLEGE AS RECOMMENDED BY THE WICHITA
FALLS ECONOMIC DEVELOPMENT CORPORATION AND APPROVING AN
AMENDMENT TO THE CORPORATION'S FISCAL YEAR 2001-2002 BUDGET;
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. 60-2002 be passed.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
Item 12q
RESOLUTION NO. 61-2002
RESOLUTION CERTIFYING COMPLETION OF PHASE 1 OF AN ECONOMIC
DEVELOPMENT INCENTIVE AGREEMENT AND AUTHORIZING PAYMENT
TO CRYOVAC 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 Esther that Resolution No. 61-2002 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
76
Item 12g continued.
Nays: None
Item 12h
RESOLUTION NO. 62-2002
RESOLUTION CERTIFYING PROJECT COMPLETION OF AN ECONOMIC
DEVELOPMENT INCENTIVE AGREEMENT AND AUTHORIZING PAYMENT TO
UNITED ELECTRIC, MAGIC AIRE DIVISION; 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. 62-2002 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns
Nays: None
Item 13a
Councilor Ammons commented on the new tornado sirens and the difference in the sound.
She asked Staff to look into the removal of the old tornado siren posts.
Councilor Burns congratulated Mr. Matthew Benoit, Assistant City Manager, on a smooth
meeting.
Councilor Norrie expressed appreciation to Mr. Scott Taylor for his quick evaluation of the
problems dealing with the Supervisory Control and Data Acquisition System Project and his
incentive to save the City money.
Councilor Esther received notice that there are 118 slots for Navy R.O.T.C.Scholarships
and urged parents and students who are interested to contact him or the Wichita Falls Independent
school superintendent's office.
Councilor Williams thanked the Sanitation and Traffic Departments for correcting some
citizen concerns.
Councilor Williams wanted to alleviate any fears on increasing property taxes. She stated
that the Council has not yet looked at the tax base, and urged citizens to give the Council a chance
to look at the budget and do what's best for all involved.
Mayor spoke on the contributions of the 4A Board and the frugal way they spend the funds.
This allows the City to build up these funds so we can offer better incentives to large companies to
locate in our City.
Item 13b
Mr. Scott Taylor commented on the success of the April 9`h hazardous material
collection in Burkburnett, Texas. The Wichita Falls Independent School District saved
$10,000.00 disposing of chemicals from their various science labs.
Item 13c
City Council went into Executive Session at 10:45 a.m. as authorized by Section 551.074 of
the Texas Government Code.
City Council reconvened at 11:00 a.m.
77
Item 14
No appointment of Mayor Pro Tem was made at this time.
City Council recessed at 11:05 a.m. and proceeded to the River Bend Nature Works
Complex for a tour.
City Council adjourned at 11:35 a.m.
PASSED AND APPROVED this _day of 2002.
V.Jj�
WILLIAM K. ALTMAN
MAYOR
ATTEST:
o
Lydia Torres
City Clerk
u
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
21, 2002, Beginning At 8:30 a.m.
City Council: Mayor - William Altman, Councilors Arthur Bea
Williams, Linda Ammons, James Esther, Mike
Norrie, 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: Pastor Kile Bateman
Evangel Temple Assembly of God
4. Presentations:
5. Approval of Minutes
CONSENT AGENDA
6. Resolutions:
a. Resolution To Award Bid And Contract For Scotland
Sanitary Sewer Project Phase 2. (City Council Bill #100)
7. Award Of Bid:
a. Purchase Of The City's Estimated Requirement Of CRS-2
Emulsion Products From Koch Materials In The Amount Of
$31 ,668.00.
City Council Agenda
Tuesday, May 21, 2002
Page 2
8. Receive Minutes:
a. Clean Community Commission — May 2, 2002
b. Library Advisory Board — April 30, 2002
c. Traffic Safety Commission — April 3, 2002
d. Wichita Falls Park Board — April 25, 2002
e. Planning & Zoning Commission — April 10, 2002
f. Wichita Falls Economic Development Corp. — Sept. 17, 2001
REGULAR AGENDA
9. Public Hearings:
a. Public Hearing On The Proposed Use Of Community
Development Block Grant (CDBG) And Home Program
Funds For The Consolidated Plan One -Year Action Plan.
b. A Public Hearing On The Third Year Annual Update To The
Public Housing Agency (PHA) Plan.
10. Rejection of Bid:
a. Rejecting Bids For 72" Front Mount Rotary Mowers.
11 . Ordinances:
a. Ordinance Waiving Chapter 5600 Of Appendix B, Zoning
Ordinance, Of The Code Of Ordinances Regarding
Manufactured Housing At 211 East Washington. (City
Council Bill #101)
b. Ordinance Appropriating $225,000 From The U.S.
Department Of Justice For The Weed And Seed Program.
(City Council Bill #102)
12. Resolutions:
a. Resolution Authorizing The Acquisition Of Four Vacant
Properties Located West Of The New Boat Ramp By Lake
Wichita For Park Purposes. (City Council Bill #103)
b. Resolution To Accept The Supervisory Control And Data
Acquisition System (SCADA) Project And To Authorize
Transfer Of Remaining Funds. (City Council Bill #104)
City Council Agenda
Tuesday, May 21, 2002
Page 3
c. Resolution To Accept The Taylor Street Reconstruction
(CDBG) Project And Authorize Final Payment To Duke
Construction. (City Council Bill #105)
d. Resolution To Award Bid And Contract For Woods Memorial
Park Improvement Project. (City Council Bill #106)
e. Resolution Authorizing An Economic Development Incentive
Agreement With Cingular Wireless, LLC As Recommended
By The Wichita Falls Economic Development Corporation
And Approving An Amendment To The Corporation's FY
2001-2002 Budget. (City Council Bill #107)
f. Resolution Authorizing An Economic Development Incentive
Agreement With Vernon Regional Junior College As
Recommended By The Wichita Falls Economic
Development Corporation And Approving An Amendment To
The Corporation's Fiscal Year 2001-2002 Budget. (City
Council Bill #108)
g. Resolution Certifying Project Completion Of An Economic
Development Incentive Agreement And Authorizing Payment
To Cryovac Corporation. (City Council Bill #109)
h. Resolution Certifying Project Completion Of An Economic
Development Incentive Agreement And Authorizing Payment
To United Electric, Magic Aire Division. (City Council Bill
#110)
13. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council
b. Staff/Council Discussion
c. Executive Session:
(1) "Consider Qualifications Of Possible Appointee To
Position Of Mayor Pro Tem, As Authorized By Section
551.074 Of The Texas Government Code."
14. Appointment Of Mayor Pro Tem.
15. 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 21, 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