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Min 11/05/2002 164 Wichita Falls, Texas Memorial Auditorium Building November 5, 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 Lydia Torres - City Clerk Mayor called the meeting to order. Item 2 No one signed up to speak under public comments. Item 3a Reverend Fredric Utz, St. Mark's United Methodist Church, gave the invocation. Item 4 Mrs. Carmen Cain, Systems Application Analyst, Information Systems, was recognized as employee of the month for November 2002. Mayor presented Mrs. Cain with a check, gift certificate for dinner, certificate for two rounds of golf and a City pin. Councilor Hawkins, on behalf of the Maskat Shrine, presented the Fire Department a check from the Maskat Shrine Oil Bowl proceeds in support of the Toys for Tots program. Battalion Chief Lynn Holzer accepted the check on behalf of the Fire Department. Mr. Jeff Ray informed that Midwestern State University was making a special tribute to Sheppard Air Force Base on November 16 and as part of that they will be special guests at a dinner and the football game along with City and County representatives. This is a special thanks for what SAFB has done and to let them know how much we appreciate them being a part of our City and our University. Mayor proclaimed November 16, 2002 as "Sheppard Air Force Base Day" and encouraged all citizens to actively show their support and appreciation to the men and women at Sheppard Air Force Base. General Arthur Rooney accepted the proclamation and thanked the Council, Midwestern State University and citizens of Wichita Falls for the support and welcome they give to SAFB. Mr. Jesse Rodgers, MSU President, commented on the pride that is felt because of the great relationship that exists between SAFB, MSU and Wichita Falls. Dr. Howard M. Farrell, Vice President University Advancement & Student Affairs was also in attendance. 165 Item 4 continued Mayor proclaimed the week of November 4-8, 2002 as "Celebrate Texas Nurse Practitioner Week" in Wichita Falls and called upon the people in Wichita Falls to participate in promoting a healthy lifestyle at home, work and school. Debra Walker, Karen Povido, Marie Williamson, Linda Holly and Alisha Pruitt accepted the proclamation. Mayor proclaimed November 15, 2002 as "Texas Recycles Day" and encouraged all citizens to participate in reuse of items. Mr. Trevor Simon, Clean Community Commission Chair, provided upcoming event information. Mrs. Rebecca Hawkins accepted the proclamation and expressed hope to have more opportunities to recycle here in Wichita Falls. Mayor proclaimed November 5, 2002 as "Brittany Wellsfry Day" in Wichita Falls. Miss Wellsfry was selected as Miss Teen Texas and is an example representative of our youth and a generation that is coming up to make this a better world. Mayor noted that she is an outstanding role model for our teens, and he congratulated her for her accomplishments and wished her well in all her endeavors. Mayor introduced Fire Marshall David Collins who made presentations to the winners in the fire prevention contests, which included poster coloring contest, essay contest, and Public Service Announcement contest. Fire Marshall Collin expressed appreciation to the sponsor of this contest, Golden Corral and Manager Russell Johnson. Mayor presented Mr. Johnson with a plaque for the support given by Golden Corral. Fire Marshall Collins also expressed appreciation to Midwestern State University and to TV-3 for judging the contests. Certificates, bonds, and City pins were given to the winners. City Council recessed at 9:30 a.m. and reconvened at 9:45 a.m. Item 5 The minutes were approved as distributed. Items 6a-6d City Manager gave a briefing on the items listed under the Consent Agenda and noted that Item 6b, Minutes of Commission on Human Needs-September 16, 2002 had already been received by the Council on October 1, 2002. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 6b, minutes of Commission on Human Needs-September 16, 2002. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Items 6a-6d Minutes of the following board and commission meetings were received. a. Wichita Falls-Wichita County Public Health District —August 23, 2002 c. Library Advisory Board — October 22, 2002 d. Wichita Falls Park Board — October 24, 2002 Mayor informed that, upon City Attorney's recommendation, Item 8a would be taken out of order and considered after Item 7e. 166 Item 7a ORDINANCE NO. 90-2002 ORDINANCE AMENDING APPENDIX B, ZONING ORDINANCE, OF THE CODE OF ORDINANCES AT CHAPTER 3100, SUBCHAPTER 3130, BY ADDING DAY CARE CENTER, COMMERCIAL TO THE LIST OF CONDITIONAL USES IN THE SINGLE FAMILY-1 AND SINGLE FAMILY-2 DISTRICT; 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. 90-2002 be passed. Motion seconded by Councilor Hawkins. Moved by Councilor Ammons to amend the proposed ordinance caption and Section 1 by including Single Family-1 to the Conditional Uses. Section 1 would read as follows: "Chapter 3100, SF-1 and SF-2 Singe Family Residential District, Subchapter 3130, Conditional Uses, Civic Uses, shall be added with the use as follows: Day Care Center, Commercial." Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Baxter Featherston, representing Trinity Lutheran Church, spoke in favor of this ordinance. Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7b ORDINANCE NO. 91-2002 ORDINANCE OF THE CITY COUNCIL OR THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE III. ELECTRICITY, DIVISION 4. ELECTRICAL STANDARDS, SECTION 22-401. NATIONAL ELECTRICAL CODE; 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. 91-2002 be passed. Motion seconded by Councilor Williams. Mr. Don Wright, Electrical Board Chair explained the recommended change and reasoning. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 167 Item 7c ORDINANCE NO. 92-2002 ORDINANCE MAKING AN APPROPRIATION IN THE HOLT HOTEL PROJECT IN THE AMOUNT OF $500,000 AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT CONTRACT WITH THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); 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. 92-2002 be passed with substitution of the word "ordinance" in the caption and in Section 2. 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 7d ORDINANCE NO. 93-2002 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 58, ARTICLE IV OF THE CODE OF ORDINANCES BY THE ADDITION OF SECTION 58-111, SMOKING IN MPEC FACILITIES PROHIBITED; 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. 93-2002 be passed. Motion seconded by Councilor Norrie. Councilors Williams and Hawkins felt that at the fee that was being charged for the skyboxes the lessee should have the option of whether to smoke or not. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, and Burns Nays: Councilors Williams and Hawkins Item 7e ORDINANCE NO. 94-2002 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, AT ARTICLE II, BUILDING CODES; AND AT ARTICLE VIII, DANGEROUS BUILDINGS OR STRUCTURES; PROVIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; 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. 94-2002 be passed with a change to replace the number 104.5" with 105" in the last paragraph of Section 113. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins 168 Item 7e continued Nays: None At this point Agenda Item 8a was taken out of order and considered. Item 8a RESOLUTION NO. 110-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SETTLE A CLAIM WITH TXU ELECTRIC COMPANY, ET AL, FOR THE PAYMENT OF FRANCHISE FEES; 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. 110-2002 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 7f ORDINANCE NO. 95-2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY; 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. 95-2002 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 7g ORDINANCE NO. 96-2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITYAND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; 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. 96-2002 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins 169 Item 7q continued Nays: None Item 7h A proposed ordinance was presented waiving Section 94-28 (a) (3) with respect to placing sidewalk on proposed Lot 90-A (existing Lots 90 & 91) Lake View Farms Subdivision. Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Ammons. Mr. Scott Taylor informed that staff viewed the area and there is no sidewalk adjacent to Lake Shore Drive on either side but since it is a commercial entity City ordinances require that a sidewalk be put in. There is also an ordinance that allows that funds be placed in escrow in lieu of construction. Councilor Esther noted that this was similar to the business owner who purchased a business on East Scott and there was no curb & gutter but Council did not waive it and he was required to put in sidewalk and curb and gutter. Councilor Esther felt that since this was a business he should comply with the ordinance. Councilor Hawkins stated that to him it was just another location. He mentioned that Council had set another precedent in that if an area is well developed and streets are rural type and there are no sidewalks in rest of the subdivision we do not require sidewalks there. He did not think it was fair or just that Mr. Sanner has to replat to build a building to produce more taxes for us and then we put the added burden on him of having the only sidewalk in the neighborhood. Councilor Hawkins said that he realizes that some day in the future that street may be constructed by the City but why penalize the business people who are trying to improve our City, the services, and our tax base. Mayor commented that the escrow fund was created where funds could be placed in lieu of construction. Hopefully, someday it will come to fruition that if we do a capital improvement program and as we adequately fund our street maintenance we will gradually have curb and sidewalk throughout the City. That is the City's long-range goal and that was the original intent of the ordinance. Councilor Hawkins stated that he disagrees with the ordinance, then and now. Councilor Burns commented that when the ordinance passed it was to get curb and gutter throughout the City and a methodology to get that done, hence the escrow fund. If that is not our objective then we need to change that ordinance. I would like to see the Sidewalk Committee come up with something for the Council to consider. Councilor Williams stated that while we do not want to be unfair to home and business owners in the areas where we are trying to get some continuity on sidewalks and curb and gutter, we also do not want to be unfair to the citizens in subsequent years who would be required to put up the cost of the improvements when that is necessary, when they did not participate in the fruits of the enterprise. It does not make sense to create ordinances and two years later dismantle them. Larry Sanner, 5007 Lake Shore Drive, applicant, stated that he did not mind curb & gutter or escrowing the money, but this street has only been seal coated twice since 1969. 1 am going to build that building and I am going to generate taxes for the City. That tax base should be used for the streets. If you are going to escrow the funds you should put a time limit on it. You may keep it thirty years and not do it. You should have a master plan. It is difficult for the businesses because you keep burdening us with additional requirements, and if you keep going up on the requirements, we have to pass the cost on to the citizens. We all have to keep making a profit. He did a minor plat and he felt that Council needed to look at the difference between minor and major plats. You need to take that under consideration. He mentioned that there are two houses being built on Lake Shore Drive and he was told that the sidewalk was waived. We are generating taxes and I do not think sidewalks should be required with all the other requirements put on us. 170 Item 7h continued Mayor commented that this year Council embarked on a program to start adequately funding the Street Maintenance Fund. I would think that one of the considerations we look at is to look at rebuilding streets where we have escrow funds. Councilor Ammons asked how many streets the City had installed curb and gutter in the past year. Mr. Scott Taylor responded that the City has not installed any curb and gutter this past year. Motion failed by the following vote. Ayes: Councilors Ammons and Hawkins Nays: Mayor Altman, Councilors Williams, Esther, Norrie, and Burns Item 7i A proposed ordinance was presented waiving Appendix A Section 9 (b) (2) (a) with respect to placing curb and gutter on proposed Lot 90-A (existing Lots 90 & 91) Lake View Farms Subdivision. Moved by Councilor Ammons that proposed ordinance be passed. Motion seconded by Councilor Hawkins and failed by the following vote. Ayes: Councilor Hawkins Nays: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Item 7j A proposed ordinance was presented waiving Appendix A Section 9 (b) (2) (a) with respect to placing curb and gutter on Lot-3, Galloway Acres Subdivision (and adjacent lot due west, 217 Valley View Road). Moved by Councilor Norrie that proposed ordinance be passed. Motion seconded by Councilor Hawkins. Councilor Hawkins noted that Mr. Tom Toney does not want to build, it is just to move the property line over so he can put in a garden. It was noted that Mr. Toney wanted to buy the land from his neighbor and there is a platting requirement. Mayor asked why Mr. Toney had to replat since he is not building. Mr. Clark stated that if a lot-split is being done then a replat is required, however, there are some people that do this without the City being involved and the County accepts that. Mr. Tom Toney, 3216 Galloway Road, said that he was going to buy 40-foot frontage off his neighbor's property and he does not have any plans to construct anything on it. Councilor Burns stated that if the ordinance requires curb and gutter then that is how he is going to have to vote. He suggested maybe some sort of a lease. Mayor commented that in the discussion when the ordinances were adopted, waiver provisions were adopted because there can be certain exceptional circumstances and we recognized that they had to be very exceptional. This may be one of those that we can consider to be very exceptional and not do any harm to the whole lot because there will be no building going on. It is simply moving of his lot line without any adjacent construction. That may be something that could be done in the waiver allowing the ordinance without doing any harm to the long-range goal of the ordinance. Councilor Esther stated that all Mr. Toney wanted to do was to put in a garden and maybe we could allow him to do that with some stipulation that if there was any construction taking place 171 Item 7j continued Councilor Burns disagreed and felt that if you are going to live by the ordinance then you adhere to it no matter what one intends to do with the property after it is purchased. It was noted that the waiver goes with the property indefinitely no matter even when it changes ownership. Mayor asked if a lease requires replatting. Mr. Taylor stated that it does not, and added that it is an agreement between two parties that does not involve the City. Mayor suggested a lease with first right of purchase. Councilor Burns said that it does not matter what the person does with the property an ordinance is an ordinance. The issue of circumventing City ordinances was discussed since some property is exchanged without replatting, therefore City requirements on sidewalks and curb and gutter are not met. City Attorney opinioned that exchange of property without replatting was a violation of City ordinance. Mayor suggested having the City periodically check the County Clerk deed records for filings to determine when property exchanges hands. Motion failed by the following vote. Ayes: Councilors Ammons and Hawkins Nays: Mayor Altman, Councilors Williams, Esther, Norrie, and Burns Mayor and Councilor Hawkins stepped out of Council Chambers. Mayor Pro Tern Burns presided. Item 8b RESOLUTION NO. 111-2002 RESOLUTION GRANTING TWO UTILITY EASEMENTS TO MIDWESTERN STATE UNIVERSITY ACROSS CITY-OWNED PROPERTY TO ACCOMMODATE THE STUDENT HOUSING EXPANSION 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. 111-2002 be passed. Motion seconded by Councilor Williams. Mayor returned to Council Chambers. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Councilor Hawkins returned to Council Chambers. Item 8c RESOLUTION NO. 112-2002 RESOLUTION TO ENDORSE AN APPLICATION TOTHE WICHITA FALLS SALES TAX BOARD FOR PROJECT MODIFICATION AND APPROVAL OF CERTAIN PARK AND DRAINAGE PROJECTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 172 Item 8c continued Moved by Councilor Williams that Resolution No. 112-2002 be passed with the substitution of the word "resolution" in Section 2. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d RESOLUTION NO. 113-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA ACTING THROUGH ITS GENERAL SERVICES ADMINISTRATION (GSA) FOR OFFICE FLOOR SPACE AT WICHITA FALLS MUNICIPAL AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Williams stepped out of Council Chambers. Moved by Councilor Hawkins that Resolution No. 113-2002 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Councilor Williams returned to Council Chambers. Item 8e RESOLUTION NO. 114-2002 RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $10,000 FOR PUBLIC EDUCATION AND FOR THE PURCHASE OF EDUCATIONAL MATERIAL AND EQUIPMENT TO ENHANCE THE COMPOSTING PROGRAM; 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. 114-2002 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 9a Moved by Councilor Williams to award bid to Hach Company, in the amount of$30,400.00 for the purchase of Alkalinity Analyzers for the Water Treatment Plants. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins 173 Item 9a continued Nays: None Item 9b Moved by Councilor Williams to award bid to Howell Wakefield Corporation in the amount of $63,885.76 for the purchase of an end court riser system for the Kay Yeager Coliseum. 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 9c Moved by Councilor Esther to award bid to Stage Right Corporation, in the amount of $68,614.00 for the purchase of a performance stage for the Kay Yeager Coliseum. 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 10a Councilor Ammons mentioned that today was Election Day and reminded voters to go vote. She invited everyone to go eat lunch at the Episcopal Church on 101h Street. Councilor Ammons mentioned that the Floral Heights Addition on the west side of Kemp will have a clean up day on November 16. She asked Mr. Clark what determines a building as historical and he provided that information. Councilor Burns also encouraged citizens to have lunch at the Church of the Good Sheppard on 101h Street, and noted that they are also holding a bazaar. Councilor Norrie informed that there was a proposed water park that a group of citizens are trying to get into our City and he asked what funding mechanism was available to support this. Mayor replied that the 4A funds could be used and that the group needs to approach the 4A Board to request funds. City Manager mentioned that he had been in contact with the person heading up that project and will inform them of the 4A and 4B funds and availability. Councilor Esther mentioned a water line break in the 700 block of Woods Street. Mr. Scott Taylor informed that that is the number one project on their list and that they will begin to replace that water line in February. Councilor Esther asked that Staff look at the possibility of lighting the trail behind Dee Drive in order to discourage criminal activity. Police Department will look into that. Councilor Esther asked that Staff look into beautifying the entrance at Kickapoo Airport. Mr. Darron Leiker informed that he is looking into beautifying that area and has discussed it with Mr. Jack Murphy. Councilor Hawkins suggested that the City and SAFB put in a temporary cover at the main gate for the airman to keep them out of inclement weather while waiting for the bus. Councilor Hawkins asked that Staff look into the possibility of having staff take pictures during Council presentations so that parents and those accompanying the recipients can be in the pictures instead of having to take them. 174 Item 10a continued Councilor Hawkins asked if alcohol would be allowed in the skyboxes at the Kay Yeager Coliseum. City Manager replied that catering is done by the Coliseum. Councilor Hawkins asked if there had been any water breaks recently on Kiel Road and the road by the Prison. Mr. Taylor replied that there had not been any. Councilor Hawkins mentioned that the water storage facility on Missile Road is being used to ride 4-wheelers and that is causing erosion. He suggested that a patrol watch be put out there. Councilor Hawkins asked citizens to help the firemen to complete their Toys for Tots project. Councilor Williams asked for an update on the house on Piedmont. Mr. Clark informed that they are continuing to slowly work on it. It has been painted on the outside. Councilor Williams asked about the progress on the property in Southland Addition. Mr. Clark informed that the property owner is working on it. Councilor Williams reported that the residents on Wellington Lane were thankful to the City for the water. She also reported that the Kinko Kids Day Program was a great success and very well attended. Councilor Norrie referred to the house on Piedmont and asked if the owner had obtained a certificate of occupancy. Mr. Clark replied that he would have to check but he did not think one had been issued. Mayor mentioned that today we had seen two examples of persons serving on the City's boards. He encouraged citizens to apply for the City boards/commissions. Information is run on the City Channel and on our website or they can contact the City Clerk. Item 10b There were no staff reports. Item 10c City Council went into executive session at 12:40 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 2:05 p.m. Mayor announced that there were no votes or action taken in executive session. City Council adjourned at 2:06 p.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, November 5, 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 Fredric Utz St. Mark's United Methodist Church 4. Presentations: (1) Employee Of The Month (2) Maskat Shrine - Monetary Contribution To W.F. Fire Department In Support Of "Toys For Tots" (3) Proclamations For: (a) Texas Recycles Day (b) Celebrate Texas Nurse Practitioner Week (c) Brittany Wellsfry Day (d) Sheppard Air Force Day (e) Fire Safety — Poster Contest Winners 5. Approval of Minutes City Council Agenda Tuesday, November 5, 2002 Page 2 CONSENT AGENDA 6. Receive Minutes: a. Wichita Falls-Wichita County Public Health District — August 23, 2002 b. Commission On Human Needs — September 16, 2002 c. Library Advisory Board — October 22, 2002 d. Wichita Falls Park Board — October 24, 2002 REGULAR AGENDA 7. Ordinances: a. Ordinance Amending Appendix B, Zoning Ordinance, Of The Code Of Ordinances At Chapter 3100, By Adding Day Care Center, Commercial To The List Of Conditional Uses In The Single Family-2 District. (City Council Bill #217) b. Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Chapter 22, Buildings And Building Regulations, Article III. Electricity, Division 4. Electrical Standards, Section 22-401 . National Electrical Code (City Council Bill #218) c. Ordinance Making An Appropriation In The Holt Hotel Project In The Amount Of $500,000 Authorizing The City Manager To Execute A Grant Contract With The U.S Department Of Housing And Urban Development (HUD). (City Council Bill #219) d. Ordinance Amending Chapter 58, Article IV Of The Code Of Ordinances By The Addition Of Section 58-111 , Smoking At MPEC Facilities Prohibited. (City Council Bill #220) e. Ordinance Amending Part II Of The Code Of Ordinances At Chapter 22, Buildings And Building Regulations, At Article II, Building Codes; And At Article Vill, Dangerous Buildings Or Structures. (City Council Bill #221) f. Ordinance Amending The Existing Electric Franchise Between The City And Oncor Electric Delivery Company, To Provide For A Different Consideration. (City Council Bill #222) City Council Agenda Tuesday, November 5, 2002 Page 3 g. Ordinance Amending The Existing Gas Franchise Between The City And TXU Gas Company, To Provide For A Different Consideration. (City Council Bill #223) h. Ordinance Waiving Section 94-128 (a) (3) of the Code of Ordinances with Respect to Placing Sidewalk on Lake Shore Drive, Proposed Lot 90-A (Existing Lots 90 & 91), Lake View Farms Subdivision. (City Council Bill #224) i. Ordinance Waiving Appendix A Section 9 (B) (2) (a) of the Code of Ordinances with Respect to Placing Curb and Gutter on Lake Shore Drive, Proposed Lot 90-A (Existing Lots 90 & 91), Lake View Farms Subdivision. (City Council Bill #225) j. Ordinance Waiving Appendix A Section 9 (B) (2) (a) of the Code of Ordinances with Respect to Placing Curb and Gutter on Galloway Road, Lot 3, Galloway Acres Subdivision (and adjacent lot due west, 217 Valley View Road). (City Council Bill #226) 8. Resolutions: a. Resolution Authorizing The City Manager To Settle A Claim With TXU Electric Company, Et Al, For The Payment Of Franchise Fees. (City Council Bill #227) b. Resolution Granting Two Utility Easements To Midwestern State University On City-Owned Property To Accommodate The Student Housing Expansion Project. (City Council Bill #228) c. Resolution To Endorse An Application To The Wichita Falls Sales Tax Board For Project Modification And Approval Of Certain Park And Drainage Projects. (City Council Bill #229) d. Resolution Authorizing The City Manager To Execute A Lease Agreement With The United States Of America Acting Through Its General Services Administration (GSA) For Office Floor Space At Wichita Falls Municipal Airport. (City Council Bill #230) e. Resolution Accepting A Grant In The Amount Of $10,000 For Public Education And For The Purchase Of Educational Material And Equipment To Enhance The Composting Program. (City Council Bill #231) City Council Agenda Tuesday, November 5, 2002 Page 4 9. Award of Bids: a. Award Of Bid For The Purchase Of Alkalinity Analyzers To Hach Company In The Amount Of $30,400.00. b. Award Of Bid For The Purchase An End Court Riser System To Howell Wakefield Corporation, In The Amount Of $63,885.76. c. Award Of Bid For The Purchase Of A Performance Stage To Stage Right Corporation In The Amount Of $68,614.00. 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council b. Staff/Council Discussion c. Executive Session: "Deliberate The Evaluation Of The City Manager, City Attorney, City Clerk And Municipal Judge As Authorized By Section 551 .074 Of The Texas Government Code." 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