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Min 09/03/2002 132 Wichita Falls, Texas Memorial Auditorium Building September 3, 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 - Michael Norrie - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Ramona Coln - Deputy City Clerk Mayor called the meeting to order. Item 2 No one signed up to speak under Public Comments. Item 3a Mayor Altman gave the invocation. Item 3b Jim Graham, Assistant Fire Marshall, was recognized as employee of the month for September 2002. Mayor presented Mr. Graham with a check, dinner for two, theater and golf passes. Item 3c The Minutes for August 20 and August 27 were approved as distributed. Items 6a-7a City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Hawkins requested that Item 6b be brought down to the Regular Agenda. Moved by Councilor Burns that the Consent Agenda be approved with the exception of Item 6b. Motion seconded by Councilor Williams and carried by the following vote. 133 Items 6a-7a continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 92-2002 RESOLUTION TO ACCEPT THE FM 367 WATER MAIN EXTENSION PROJECT AND AUTHORIZE FINAL PAYMENT TO GARCIA CONSTRUCTION CO.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 7a Minutes of the June 28, 2002 Wichita Falls-Wichita County Public Health District meeting were received. Item 6b RESOLUTION NO. 93-2002 RESOLUTION TO ACCEPT THE WELLINGTON LANE WATER LINE LOOP PROJECT AND AUTHORIZE FINAL PAYMENT TO GARCIA 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 Hawkins that Resolution No. 93-2002 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 8a ORDINANCE NO. 69-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT REVENUE FROM THE FEDERAL AVIATION ADMINISTRATION FOR A MASTER PLAN STUDY, RATES AND CHARGES STUDY AND DESIGN SERVICES FOR PHASE ONE AIRFIELD IMPROVEMENTS FOR KICKAPOO DOWNTOWN AIRPARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ACCEPTING SAME; 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. 69-2002 be passed. Motion seconded by Councilor Burns. It was suggested that Staff review the use of Kickapoo funds. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 134 Item 8b ORDINANCE NO. 70-2002 ORDINANCE MAKING AN APPROPRIATION IN THE MUNICIPAL AND KICKAPOO AIRPORT FUNDS FOR THE CITY'S MATCHING REQUIREMENTS OF FEDERAL AVIATION ADMINISTRATION ENTITLEMENT GRANTS; 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. 70-2002 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8c ORDINANCE NO. 71-2002 ORDINANCE WAIVING SECTIONS 14-384, 82-58, 82-62, 82-63, AND 82-68 OF THE CODE OF ORDINANCES, AND RESOLUTION 2509, AS AMENDED, TO PERMIT THE GIVING OF GOLDFISH AS PRIZES, DRIVING VEHICLES AND ANIMALS ON THE GRASS, SALES OF GOODS OR WARES, THE POSTING OF SIGNS, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, AND SALES WITHOUT PAYMENT OF THE PERCENTAGE OF GROSS TO THE CITY DURING THE ANNUAL FALLS FEST EVENT IN LUCY PARK SEPTEMBER 25-30, 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 Ammons that Ordinance No. 71-2002 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d ORDINANCE NO. 72-2002 ORDINANCE WAIVING SEC. 82-63 OF THE CODE OF ORDINANCES TO PERMIT SIGNS DURING AN EVENT BY THE MULTIPLE SCLEROSIS SOCIETY IN HAMILTON PARK SEPTEMBER 7, 2002. Moved by Councilor Esther that Ordinance No. 72-2002 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 135 Item 8e ORDINANCE NO. 73-2002 ORDINANCE WAIVING SEC. 82-58 OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE GRASS DURING AN EVENT BY THE WICHITA FALLS RC CLUB IN LAKE WICHITA PARK OCTOBER 5, 2002 Moved by Councilor Hawkins that Ordinance No. 73-2002 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 8f ORDINANCE NO. 74-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ENACTING SECTION 82-103 OF THE CODE OF ORDINANCES, ESTABLISHING A CATCH AND RELEASE POLICY IN THE TWO PONDS IN SOUTH WEEKS PARK REQUIRING THAT FISH CAUGHT BE RETURNED SAFELY TO THE PONDS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCEWAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Williams that Ordinance No. 74-2002 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8 ORDINANCE NO. 75-2002 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, ARTICLE XI, RESIDENTIAL CODES FOR ONE- OR TWO-FAMILY DWELLINGS, AT SECTION 22-701, CHANGES, DELETIONS AND AMENDMENTS, TO REQUIRE SMOKE ALARMS THAT ARE BOTH BATTERY OPERATED AND DIRECT WIRED; 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. 75-2002 be passed. Motion seconded by Councilor Norrie. Mr. Dave Clark informed that passage of this ordinance would reinstate the original language as written in the International Code requiring a battery back up smoke alarm to be installed in new structures. Charles Barr, 2100 Indian Heights, spoke against proposed ordinance. Rick Graham, 1314 Saratoga Trail, spoke in favor of proposed ordinance. Motion carried by the following vote. 136 Item 8g continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8h A proposed ordinance was presented amending Appendix A Comprehensive Subdivision Regulations and Chapter 74 of the Code of Ordinances. Moved by Councilor Esther that proposed ordinance be passed. Motion seconded by Councilor Williams. Mr. Dave Clark explained that there was a change in State law requiring agreements between regulatory agencies that deal with subdivisions, particularly within the extraterritorial jurisdictions. Council was provided a map entitled "Level of Development Authority". Concerns were expressed by Council regarding the designated area levels as well as verbiage in the proposed ordinance. After review of the map and discussion, Mayor Altman suggested that this item be tabled and that a sub committee be appointed to review this matter and that recommendations be brought back to Council. Moved by Councilor Ammons that this item be tabled. 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 9a RESOLUTION NO. 94-2002 RESOLUTION TO ACCEPT THE WOODS MEMORIAL PARK IMPROVEMENT PROJECT AND AUTHORIZE FINAL PAYMENT TO B.W. STRAYHORN COMPANY; 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. 94 -2002 be passed. Motion seconded by Councilor Ammons. Mr. Jack Murphy will ask the 4B Sales Tax Board for approval to use the remaining funds from this project to concrete the edging around the park. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 137 Item 9b RESOLUTION NO. 95-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH URS CORPORATION TO COMPLETE A RATES AND CHARGES STUDY 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. Moved by Councilor Norrie that Resolution No. 95-2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: Mayor Altman Item 9c City Manager asked that this resolution be removed from the agenda since it was related to the Subdivision Development Ordinance, which was tabled. Item 10a Councilor Burns reminded everyone about the Cancer Society Golf Tournament that will take place this Friday at Weeks Park Golf Course. Councilor Burns also congratulated all the local football teams who opened their season successfully. Councilor Norrie reminded the public about school zones and being extra cautious in these areas. Councilor Norrie mentioned Dr. Cliff Burross and Dr. Elia Dimitri, two long standing health professionals, had retired recently and thanked them for their years of commitment to our City, Councilor Esther asked the City Manager and Code Enforcement to work closely with the citizens of District 2 who want to beautify their area. Councilor Esther asked the Police Chief for closer monitoring on the illegal activity in his district. Councilor Hawkins asked Staff to check into damaged streets in his district, specifically North Village Drive and the north end of Hooper at Margaret Street. Councilor Hawkins mentioned that there was a couch in the median on Maplewood. Councilor Hawkins mentioned that a citizen had called for police patrol on his farm because someone is stealing anhydrous ammonia from his tanks. Mayor Altman expressed his condolences to the Bill Thacker family in the loss of Jan Thacker. Mrs. Thacker contributed in so many ways in our community and she will be missed. Mayor Altman referred to the editorial in the newspaper concerning the Fire Fighters/Police Officers Referendum and stated that the information regarding the cause of the referendum was not factual. The editorial stated that the action or inaction of the City Council was the cause of the referendum and this is not fact. Mayor explained that all decisions regarding salaries are looked at every year and if there is dissatisfaction on any subject, the referendum process is available. Item 10b There were no Staff reports. 138 Item 10c City Council went into executive session at 10:38 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:55 a.m. Item 10d Moved by Councilor Burns to appoint Mr. James Bradberry, Place 4, to the Planning and Zoning Commission with term to expire December 31, 2002. Mr. Bradberry will replace Mrs. Lin Purtle. 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 10d(2) Moved by Councilor Burns to appoint Mr. Curtis Harrelson, Place 1, and Mr. Dana Mills, Place 3, to the Aviation Advisory Board with terms to expire December 31, 2002. They will replace Robert Reid and Elizabeth Edwards respectively. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Items 10d(3) Due to a lengthy agenda, appointments to the Commission on Human Needs were deferred until the next Council meeting. City Council adjourned at 11:35 a.m. PASSED AND APPROVED this day of 2002. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres City Clerk 1 1 1 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, September 3, 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. Invocation: Reverend Alice Hupp Park Place Christian Church 4. Presentation: Employee Of The Month 5. Approval of Minutes. CONSENT AGENDA 6. Resolutions: a. Resolution To Accept The Fm 367 Water Main Extension Project And Authorize Final Payment To Garcia Construction Co. (City Council Bill #173) b. Resolution To Accept The Wellington Lane Water Line Loop Project And Authorize Final Payment To Garcia Construction (City Council Bill #174) 7. Receive Minutes: City Council Agenda Tuesday, September 3, 2002 Page 2 a. Wichita Falls-Wichita County Public Health District — June 28, 2002 REGULAR AGENDA 8. Ordinances: a. Ordinance Making An Appropriation To The Special Revenue Fund For Grant Revenue From The Federal Aviation Administration For A Master Plan Study, Rates And Charges Study And Design Services For Phase I Airfield Improvements For Kickapoo Downtown Airpark And Authorizing The City Manager To Execute An Agreement Accepting Same (City Council Bill # 175) b. Ordinance Making An Appropriation In The Municipal And Kickapoo Airport Funds For The City's Matching Requirements Of Federal Aviation Administration Entitlement Grants. (City Council Bill #176) c. Ordinance Waiving Sections 14-384, 82-58, 82-62, 82-63, And 82-68 Of The Code Of Ordinances, And Resolution 2509, As Amended, To Permit The Giving Of Goldfish As Prizes, Driving Vehicles And Animals On The Grass, Sales Of Goods Or Wares, The Posting Of Signs, Possession And Consumption Of Alcoholic Beverages, And Sales Without Payment Of The Percentage Of Gross To The City During The Annual Falls Fest Event In Lucy Park September 25-30, 2002. (City Council Bill #177) d. Ordinance Waiving Sec. 82-63 Of The Code Of Ordinances To Permit Signs During An Event By The Multiple Sclerosis Society In Hamilton Park September 7, 2002. (City Council Bill #178) e. Ordinance Waiving Sec. 82-58 Of The Code Of Ordinances To Permit Vehicles On The Grass During An Event By The Wichita Falls RC Club In Lake Wichita Park October 5, 2002. (City Council Bill #179) f. Ordinance Establishing A Catch And Release Policy In The Two Ponds In South Weeks Park Requiring That Fish Caught Be Returned Safely To The Ponds. (City Council Bill #180) City Council Agenda Tuesday, September 3, 2002 Page 3 g. Ordinance Amending Part II Of The Code Of Ordinances, At Chapter 22, Buildings And Building Regulations, Article XI, Residential Codes For One- Or Two-Family Dwellings, At Section 22-701 , Changes, Deletions And Amendments, To Require Smoke Alarms That Are Both Battery Operated And Direct Wired. (City Council Bill #181) h. Ordinance Amending Appendix A Comprehensive Subdivision Regulations and Chapter 74 Of The Code Of Ordinances. (City Council Bill #182) 9. Resolutions: a. Resolution To Accept The Woods Memorial Park Improvement Project And Authorize Final Payment To B. W. Strayhorn Company. (City Council Bill #183) b. Resolution Authorizing The City Manager To Execute An Agreement With URS Corporation To Complete A Rates And Charges Study For Kickapoo Downtown Airpark. (City Council Bill #184) c. Resolution Authorizing The City Manager To Enter Into Inter- local Agreements With Wichita, Clay And Archer Counties Regarding Subdivision Development. (City Council Bill #185) 10. 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 Appointees To Planning & Zoning Commission As Authorized By Section 551 .074 Of The Texas Government Code. d. Appointments To Boards And Commissions: (1) Planning & Zoning Commission (2) Aviation Advisory Board (3) Commission On Human Needs 11 . Adjourn. City Council Agenda Tuesday, September 3, 2002 Page 4 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