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Min 08/06/2002 111 Wichita Falls, Texas Memorial Auditorium Building August 6, 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 Johnny Burns - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons - James Esther, Jr - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Michael Norrie - Absent Mayor called the meeting to order. Item 2 The following persons spoke under Public Comments. Ronald Guffey, 1513 Rowland Rd., stated that he was opening a salvage yard between Ft. Worth Street and East Scott and he does not want to put in the required fencing. Mr. Dave Clark will look into this and inform Council. Yolanda Bruce, 1668 Hawes, requested waivers for water detention, sidewalks and curb and gutter for acreage on Borland Lane. Mayor asked that she provide her request in writing to him and he would turn it over to Community Development. Item 3a Reverend Keith Cupples, Trinity Methodist Church gave the invocation. Item 3b Officer Viroj Deejai, Police Department, was recognized as employee of the month for August 2002. Mayor presented Officer Deejai with a check, dinner for two, transit and theater passes. Item 3c The Minutes for July 16 and July 24 were approved as distributed. Items 4a-6b City Manager gave a briefing on the items listed under the Consent Agenda. Mayor requested that Item 6b be brought down to the Regular Agenda. 112 Items 4a-6b continued Councilor Williams requested that Item 4a be brought down to the Regular Agenda. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Items 4a and 6b. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 5 Bid was awarded to following vendors for the purchase of the City's annual supply of chemicals for Water and Wastewater Treatment. Norit Americas, Inc., Atlanta, GA $6,336.00 for powered activated carbon BBB Fertilizer Co., McKinney, TX $22,807.29 for anhydrous ammonia Reliant Gases, Odessa, TX $96,862.50 for liquid carbon dioxide FE3, Inc., Parsippany, NJ $112,734.72 for liquid ferric sulphate Pencco, Inc., Bellville, TX $24,816.00 for hydrofluorisilic acid (fluoride) Harcros Chemical, Dallas, TX $12,136.00 for potassium permanganate Texas Lime Co., Cleburne, TX $332,022.60 for calcium oxide (quicklime) Vulcan Chemical Tech., Birmingham, AL $56,011.73 for sodium chlorite Southwest Chemical, McAlester, OK $14,243.04 for citric acid, food grade Harcros Chemical, Dallas, TX $20,961.50 for copper sulfate Harcros Chemical, Dallas, TX $41,976.00 for sulpher dioxide Eaglebrook, Inc., Matteson, IL $106,412.00 for ferrous chloride Item 6a Minutes of the June 25, 2002 Transportation Policy Committee meeting were received. Item 4a RESOLUTION NO. 78-2002 RESOLUTION TO AWARD BID AND CONTRACT FOR THE REROOFING OF FIRE STATION NO. 4 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 Hawkins that Resolution No. 78-2002 be passed. Motion seconded by Councilor Burns. Councilor Williams asked why the Lydick Roofing bid was rejected. Mr. Scott Taylor informed that an addendum was sent out on this project and they failed to return a signed addendum and that is grounds for rejection. Councilor Hawkins said he was pleased with the bid but wanted to know how they are going to provide fire protection while working on the roof. Mr. Taylor informed that there would not be any disruption to the fire station itself, it will continue to function as it currently is. We will make sure that during the construction the contractors' equipment is so parked that it will not interfere with the driveway. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None 113 Item 6b Mayor noted that there was a typographical error on the agenda outline; the minutes are actually the minutes of the Technical Advisory Committee of the Wichita Falls MPO. Moved by Mayor Altman to receive the July 10, 2002 minutes of the Technical Advisory Committee. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 7a ORDINANCE NO. 57-2002 AN ORDINANCE OF THE CITY OF WICHITA FALLS, TEXAS, FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; DECLARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 57-2002 be passed. Motion seconded by Councilor Esther. City Attorney informed that a rate increase request was received from TXU in March to increase residential, commercial, and industrial rates. Council suspended those rates and we obtained a consultant and as a result this ordinance is being presented to Council, which will grant approximately 43% of TXU's rate request. This ordinance will increase the residential gas rates by 6.5% and for the commercial customers it will increase 0.33%. This case is different because it is a regional case in which we are one of 36 cities in this region. We feel the proposed ordinance is fair to the company but also appropriate, given our review and study of the rate request. Regardless of what rates are set parties have a right to appeal if there is no agreement. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 7b ORDINANCE NO. 58-2002 ORDINANCE REZONING 5.92 ACRES OUT OF BLOCKS 12 & 13, LEAGUE 2, DENTON COUNTY SCHOOL LAND, A-57, FROM SINGLE FAMILY-1 TO SINGLE FAMILY-2; 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. 58 -2002 be passed. 114 Item 7b continued Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 7c ORDINANCE NO. 59-2002 ORDINANCE REZONING 15 ACRES OUT OF ABSTRACT 344, 1810 TRIGG LANE, FROM SINGLE FAMILY-2 RESIDENTIAL TO MULTIFAMILY ZONING AND AMENDING THE LAND USE 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. 59-2002 be passed. Motion seconded by Councilor Esther. This item was discussed at length with Council expressing concern about the traffic burden that would be created on Trigg Lane. Councilor Ammons mentioned that there was a similar situation on Riley Road. Councilor Williams stated that she was very disturbed by the surrounding neighbor's reasons for their objections, using such phrases as the "kind of people" that are going to move into that neighborhood and "another Antioch Gardens". It disturbs me that there are similar concerns with another area of our City and that we are becoming a little too exclusive and apparently wanting to relegate the people who we consider too poor to live among us to some never never land. We do it under the guise of wanting to keep our neighborhood streets safe and the traffic low, when in fact it is another form of prejudice that is being hidden behind some bogus reason. Mr. Clark agreed that there usually was a knee jerk reaction to apartment development. Mr. Clark commented that the development has a consistency of potential development around the area. It is an area that is not likely to develop as Single Family. Dennis Probst, 4605 Jacksboro Hwy., representing the property owner, spoke in favor of the ordinance. Debbie Dobbins, 5527 Lucky Lane, spoke against the ordinance. Richard Graham, 1340 N. Saratoga, spoke in favor of apartment complexes. He felt that the developer should address a poor road. Councilor Esther suggested duplicating what was done with Stone Lake Development in regard to traffic flow and related issues. Stone Lake Development is located at Bartley Road and Southwest Parkway. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Mayor informed that Councilor Norrie was out of the State on training with his employment. 115 Item 7d ORDINANCE NO. 60 -2002 ORDINANCE REZONING A 24.44-ACRE TRACT OF LAND OUT OF BLOCK 19, LEAGUE 1, DENTON COUNTY SCHOOL LAND, FROM SINGLE FAMILY-2 TO LIMITED COMMERCIAL AND GENERAL COMMERCIAL ZONING AND AMENDING THE LAND USE PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Burns stepped out of Council Chambers. Moved by Councilor Esther that Ordinance No. 60 -2002 be passed. Motion seconded by Councilor Ammons. Moved by Councilor Williams to amend Section 1 of the proposed ordinance by changing the word "Light" to "Limited" in the last sentence. Said sentence would read as follows: "Said property Land Use Plan designation shall be changed to Limited Commercial and General Commercial." Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Hawkins Nays: None Councilor Burns returned to Council Chambers. Item 7e ORDINANCE NO. 61-2002 ORDINANCE AMENDING CHAPTER 6800 OF APPENDIX B, ZONING ORDINANCE, CODE OF ORDINANCES REGARDING LANDSCAPING REGULATIONS; 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. 61-2002 be passed. Motion seconded by Councilor Hawkins. Mayor stepped out of Council Chambers. Mayor Pro Tern Burns presided and called for comments from the Council. Councilor Hawkins stated that we are continuing to put out regulations that run up the cost of doing business. Motion carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, and Esther Nays: Councilor Hawkins Mayor returned to Council Chambers. 116 Item 7f ORDINANCE NO. 62-2002 ORDINANCE CLOSING, VACATING, AND ABANDONING APPROXIMATELY A 2.2-FOOT WIDE BY 36.9-FOOT LONG AND A 1.6-FOOT WIDE BY 36.8-FOOT LONG PORTION OF A 7.5-FOOT WIDE UTILITY EASEMENT LOCATED AT 5111 AND 5114 LAKE WELLINGTON PARKWAY, WICHITA FALLS, WICHITA COUNTY, TEXAS; ALSO KNOWN AS LOT 4, BLOCK 8, AND LOT 12, BLOCK 11, LAKE WELLINGTON ESTATES PHASE 5; 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. 62-2002 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 7q ORDINANCE NO. 63-2002 ORDINANCE WAIVING SEC. 82-58 AND SEC 82-63 OF THE CODE OF ORDINANCES TO ALLOW HOWMET TO DRIVE UPON THE GRASS AND POST SIGNS DURING THEIR EMPLOYEE PICNIC IN LAKE WICHITA PARK SEPTEMBER 14, 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 Hawkins that Ordinance No. 63-2002 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 Item 7h ORDINANCE NO. 64-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES, AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, BY THE ADDITION OF ARTICLE XI, RESIDENTIAL CODES FOR ONE- OR TWO-FAMILY DWELLINGS, TO ADOPT THE INTERNATIONAL COUNCIL CODE'S INTERNATIONAL RESIDENTIAL CODE FOR ONE- OR TWO-FAMILY DWELLINGS, 2000, AND MAKING CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS THERETO; PROVIDING FOR INCLUSION; PROVIDING FOR SEVERABILITY; 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. 64-2002 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 117 Item 7i ORDINANCE NO. 65-2002 ORDINANCE MAKING AN APPROPRIATION IN THE COLISEUM CONSTRUCTION FUND FOR ADDITIONAL PRIVATE CONTRIBUTIONS; 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. 65-2002 be passed. Motion seconded by Councilor Esther. Mayor noted that the figures on the Coliseum Funding Plan under Bond Financing needed to be carried over to the Revised column. Moved by Councilor Hawkins to amend the Coliseum Funding Plan by moving the figures under Bond Financing over to the Revised column, as well as maintain them on the Approved column. Councilor Williams stepped out of Council Chambers. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Burns, and Hawkins Nays: None Councilor Williams returned to Council Chambers. Mayor expressed appreciation, on behalf of the Council, to Mrs. Kay Yeager for almost solely raising the $5 million in private funds. Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 8a RESOLUTION NO. 79-2002 RESOLUTION TO AWARD BID AND CONTRACT FOR THE FIRE DRILL FIELD 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. 79-2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 8b RESOLUTION NO. 80-2002 RESOLUTION TO AWARD BID AND CONTRACT FOR THE LARGE WATER MAIN IMPROVEMENT PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 118 Item 8b continued Moved by Councilor Williams that Resolution No. 80-2002 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 Item 8c RESOLUTION NO. 81-2002 RESOLUTION TO APPROVE ENGINEERING SERVICES CONTRACT WITH CAMP, DRESSER, & MC KEE, INC. FOR THE VULNERABILITY ASSESSMENT AND EMERGENCY RESPONSE PLAN OF THE CITY OF WICHITA FALLS WATER SYSTEM; 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. 81-2002 be passed. Motion seconded by Councilor Ammons. Councilor Burns stepped out of Council Chambers. Mr. Scott Taylor stated that the contract needed to be amended in three areas. The first amendment is to Section 8.5 Controlling Law. Section 8.5 should read as follows: "This Agreement is to be governed by the law of the State of Texas and venue for all legal proceedings shall be in Wichita County, Texas." Moved by Councilor Esther to amend Section 8.5 of the Engineering Services Contract to read as follows: "This Agreement is to be governed by the law of the State of Texas and venue for all legal proceedings shall be in Wichita County, Texas." Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Hawkins Nays: None The next amendment is to Section 8.12. Force Majeure. Delete the following wording at the end of Section 8.12: "and ENGINEER shall be reimbursed by OWNER for all costs incurred in connection with or arising from a force majeure event, including but not limited to those costs incurred in the exercise of reasonable diligence to avoid or mitigate a force Majeure event." Moved by Councilor Williams to delete the following wording in Section 8.12. Force Majeure of the Engineering Services Contract: "and ENGINEER shall be reimbursed by OWNER for all costs incurred in connection with or arising from a force majeure event, including but not limited to those costs incurred in the exercise of reasonable diligence to avoid or mitigate a force Majeure event." Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Hawkins Nays: None Mr. Taylor stated that the last amendment would be to Exhibit A. Add the following wording to Task 8: Work on this task shall not begin without written notification by the owner. Moved by Councilor Williams to amend the Engineering Services Contract by adding the following sentence to Task 8 in Exhibit A: "Work on this task shall not begin without written notification by the owner." 119 Item 8c continued Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Hawkins Nays: None Moved by Mayor Altman to amend the Engineering Services Contract by adding the following phrase to Task 7 in Exhibit A: "One copy of each of the above in digital format acceptable to the City." Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Hawkins Nays: None Councilor Burns returned to Council Chambers. Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 8d RESOLUTION NO. 82-2002 RESOLUTION AUTHORIZING THE SALE AND TRANSFER OF OWNERSHIP OF THE HOLT HOTEL, 600 8th STREET, ALSO KNOWN AS LOTS 6 AND 7, BLOCK 163, ORIGINAL TOWNSITE OF THE CITY OF WICHITA FALLS, WICHITA COUNTY, TEXAS, TO THE HOLT RESTORATION CORPORATION, A NOW PROFIT CORPORATION, FOR $5,000.00 WHICH WAS DETERMINED TO BE THE FAIR MARKET VALUE; 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. 82-2002 be passed. Motion seconded by Councilor Hawkins. Mr. Dave Clark informed that the Wichita County Heritage Society would ultimately own this project. This corporation has been created by the Wichita County Heritage Society to hold the title during the development process. The project has achieved 90% of its funding. The creation of this corporation is a step in the process to facilitate the transfer to local holdings. Richard Graham, 1340 N. Saratoga, inquired as to who was on the Corporation. Mr. Howard Morris, 3636 Maplewood, informed that the members of the Corporation included Ken Hill, Marvin Groves, David O'Neal, and himself. City Manager noted that this is the time to get this done. If bids come in extremely high and for some reason the project is stopped, it will come back to the City for ultimate demolition and those CDBG funds would be used to demolish that building. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None 120 City Council recessed at 10:45 a.m. and reconvened at 11:00 a.m. Item 8e RESOLUTION NO. 83-2002 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE LAMAR BAPTIST CHURCH FOR A PROPOSED CANOPY TO BE CONSTRUCTED IN THE ELEVENTH STREET 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 Hawkins that Resolution No. 83-2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 8f RESOLUTION NO. 84-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, EXPRESSING SUPPORT TO AMEND THE TEXAS ELECTION CODE RELATING TO CANCELLATION OF UNOPPOSED ELECTIONS; 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. 84-2002 be passed. Motion seconded by Councilor Williams. City Clerk informed that this is an effort to avoid needless expense when the result in all unopposed races is a foregone conclusion. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 9a Moved by Councilor Williams to award the bid to Cascadia Sport Systems, Inc., in the amount of$90,850.00 for the purchase of the Dasher Board System for the MPEC Coliseum. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 9b Moved by Councilor Esther to award the bid to Commercial Refrigeration, Inc., in the amount of$288,739.00 to furnish and install the artificial ice refrigeration system for the MPEC Coliseum. 121 Item 9b continued Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 10a Mr. Matthew Benoit, Assistant City Manager, gave a presentation on the 4B Public Safety Projects. He provided the 4B Board's financial status, information on the projects and financing, as well as the Board's recommendations. Councilor Ammons asked if the debt was the City's or the 4B Board. Mr. Benoit replied that it does belong to the 413 Board as a financial corporation but it is the Council that needs to take action in issuing the debt. It is a liability of the City even though it lies with a different board. Mayor commented that it is secured by the 413 sales tax income not by general fund income and it will be paid from that cash flow but the City's general taxing ability backs that up. Mr. Jim Dockery stated that this is similar to the Library project where the City issued the debt and had an agreement with the 4B Board for paying the annual debt service; it is a debt of the City. There is a commitment to pay the annualized service on it. Councilor Ammons noted that revenue is up by 5%. Councilor Williams commented that it is not what we anticipated. Councilor Hawkins added that we had anticipated 2%, but we do not want to obligate all those funds on one project. Councilor Williams suggested looking at paying off some of the smaller projects. Item 10b Mrs. Barbara Clements, Director of Health, gave a report on mosquitoes and mosquito control, specifically the West Nile virus. City Manager informed that Mr. Scott Taylor is officially the Director of Public Works. Item 10c Councilor Ammons congratulated Mr. Taylor on his appointment and expressed appreciation to him for the work he is doing. Councilor Ammons asked for an update on the Piedmont property. Mr. Clark informed that it would be on the hazardous structures' list for next Council meeting. Councilor Ammons expressed appreciation to Mrs. Kay Yeager for her work and effort on the MPEC Coliseum. Councilor Burns mentioned that a citizen had called him about the need to allow citizens to make home repairs in emergency situations. He said that this citizen had difficulty obtaining a roofing contractor after the June storm. Councilor Burns asked that Staff look into the possibility of inserting a provision in the Code to allow for repairs in the instance of an emergency. Councilor Esther congratulated Mr. Taylor on his appointment. Councilor Esther asked Staff to look at Jefferson Street where it meets Old Iowa Park Road, for repairs and signage. Councilor Esther commented on the positive comments about the development on the north side, downtown, and our community in general. He thanked the Staff for the positive moves in improving the various areas of our City. Councilor Esther expressed concern about the filthy area at the Maurine Street underpass and mentioned that he had spoken with Mr. Dave Clark about correcting that. 122 Item 10c continued Councilor Hawkins thanked the Staff because every time he turned in a citizen concern to Staff they took care of it. He commented that Staff is becoming more sensitive to the calls from the citizens. Councilor Hawkins mentioned the Employee of the Month and asked that the City Manager look into the possibility of rewarding them more, possibly with a day off. Councilor Williams informed that the Police Department is looking into the traffic situation on Wellington Lane. Councilor Williams thanked the Health Department for looking into the mosquito issue and for educating the citizens. Councilor Williams mentioned that the lighting issue at Harding Street from Thompson Road to Cottonwood is a dangerous situation and it was mentioned prior to Mr. Darron Leiker becoming the new Director of Traffic Transportation. She asked Mr. Leiker that it be taken care of before the summer. Councilor Williams mentioned Mr. Scott Taylor's promotion and thanked the City Manager for promoting from within. Mayor Altman commented that this had been a great productive meeting. Mayor Altman informed that he would not be present at the next Council meeting and informed that Mayor Pro Tern Burns would be presiding. City Council adjourned at 11:55 a.m. 'If, PASSED AND APPROVED this day of 2002. JOHN A. BURNS ,f MAYOR PRO TEM ATTEST: sJI kvu 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, August 06, 2002, Beginning At 8:30 a.m. City Council: Mayor William K. Altman - Councilors Arthur Bea Williams, Linda Ammons, James Esther, Michael 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. a. Invocation: Reverend Keith Cupples Trinity United Methodist Church b. Presentations: Employee Of The Month C. Approval Of Minutes CONSENT AGENDA 4. Resolutions: a. Resolution To Award Bid And Contract For The Re-roofing Of Fire Station No. 4 Project. (City Council Bill #147) 5. Award of Bid: Award Of Bid To Various Vendors For The City's Annual Supply Of Chemicals For Water And Wastewater Treatment. City Council Agenda Tuesday, August 6, 2002 Page 2 6. Receive Minutes: a. Transportation Policy Committee (TPC) — June 25, 2002 b. Wichita Falls Metropolitan Planning Organization — July 10, 2002 REGULAR AGENDA 7. Ordinances: a. Ordinance Adopting General Service Rates To Be Charged For Sales And Transportation Of Natural Gas To Residential, Commercial And Industrial Customers. (City Council Bill #148) b. Ordinance Rezoning 5.92 Acres Out Of Blocks 12 & 13, League 2, Denton County School Land, A-57, From Single Family-1 To Single Family-2 In The Trophy Park Subdivision. (City Council Bill #149) c. Ordinance Rezoning 15 Acres Out Of Abstract 344, Located At 1810 Trigg Lane, From Single Family-2 Residential To Multifamily Zoning And Amending The Land Use Plan (City Council Bill #150) d. Ordinance Rezoning A 24.44-Acre Tract Of Land Out Of Block 19, League 1 , Denton County School Land, From Single Family-2 To Limited Commercial And General Commercial Zoning And Amending The Land Use Plan. The Property Is Located At The Northwest Corner Of Southwest Parkway And Barnett Road (City Council Bill #151) e. Ordinance Amending Chapter 6800 Of Appendix B, Zoning Ordinance, Code Of Ordinances Regarding Landscaping. (City Council Bill #152) f. Ordinance Closing A Portion Of A 7.5-Foot Wide Utility Easement Located At 5111 Lake Wellington Parkway, Also Known As Lot 4, Block 8, Lake Wellington Estate Phase 5 And At 5114 Lake Wellington Parkway; Also Known As Lot 12, Block 11 , Lake Wellington Estate Phase 5. Homes Located On Both Of These Addresses Have Been Built In This Easement. (City Council Bill #153) City Council Agenda Tuesday, August 6, 2002 Page 3 g. Ordinance Waiving Sec. 82-58 And Sec 82-63 Of The Code Of Ordinances To Allow Howmet To Drive Upon The Grass And Post Signs During Their Employee Picnic In Lake Wichita Park On September 14, 2002. (City Council Bill #154) h. Ordinance Amending Part II Of The Code Of Ordinances, At Chapter 22, Buildings And Building Regulations, By The Addition Of Article XI, Residential Codes For One Or Two- Family Dwellings, To Adopt The International Council Code's International Residential Code For One- Or Two-Family Dwellings, 2000, And Making Certain Additions, Amendments, And Deletions Thereto. (City Council Bill #155) i. Ordinance Making An Appropriation In The Coliseum Construction Fund For Additional Private Contributions. (City Council Bill #156) 8. Resolutions: a. Resolution To Award Bid And Contract For The Fire Drill Field Project. (City Council Bill #157) b. Resolution To Award Bid And Contract For The Large Water Main Improvement Project. (City Council Bill #158) c. Resolution To Approve An Engineering Services Contract With Camp, Dresser & Mckee, Inc. For The Performance Of A Vulnerability Assessment Study And Emergency Response Plan Of The City Of Wichita Falls, Texas Water System. (City Council Bill #159) d. Resolution Authorizing The Sale And Transfer Of Ownership Of The Holt Hotel, 600 8th Street, Also Known As Lots 6 And 7, Block 163, Original Town-site Of The City Of Wichita Falls, Wichita County, Texas, To The Holt Restoration Corporation, A Non-Profit Corporation, For The Fair Market Value As Determined By The Appraisal (City Council Bill #160) e. A Resolution Authorizing The City Manager To Execute An Encroachment Agreement With The Lamar Baptist Church For A Canopy To Be Constructed In The Eleventh Street Right-Of-Way. (City Council Bill #161) City Council Agenda Tuesday, August 6, 2002 Page 4 f. Resolution Expressing Support To Amend The Texas Election Code Relating To Cancellation Of Unopposed Elections. (City Council Bill #162) 9. Award of Bids: a. Award Of Bid For The Purchase Of The Dasher Board System For The MPEC Coliseum To Cascadia Sport Systems, Inc., In The Amount Of $90,850.00. b. Award Of Bid For Furnishing And Installing The Artificial Ice Refrigeration System For The MPEC Coliseum To Commercial Refrigeration, Inc., In The Amount Of $288,739.00. 10. Other Council Matters: a. Assistant City Manager's Presentation On Public Radio Communication System. b. Staff/Council Discussion. c. Discussion Of Items Of Concern To Members Of The City Council. 11 . 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