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Min 11/19/2002 175 Wichita Falls, Texas Memorial Auditorium Building November 19, 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 Audibrium 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 - Michael Norrie - Absent James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Item 2 David Brock, 1819 Hines, asked Council to appoint a committee to look into the issue of grazing horses on his property. Item 3 Pastor Scott Van Bidder, First Church of the Nazarene, gave the invocation. Item 4 Captain Andrew P. Schulze, S.A.F.B. encouraged local families to host Sheppard Air Force Base service men and women on Thanksgiving Day. He informed that "Operation Thanksgiving" was in its 25th year and had been very successful because of the positive response from the people in Wichita Falls. Mayor proclaimed November 21, 2002 as the "Great American Smoke Out" in Wichita Falls, sponsored by the American Cancer Society. Dr. Chuck Burke, Tobacco Control Chair, accepted the proclamation and noted that this is the 26th year of this event. He encouraged non- smokers to support and motivate those who smoke to participate in this event by not smoking. Item 5 The minutes were approved as distributed. Items 6a-8e City Manager gave a briefing on the items listed under the Consent Agenda. 176 Items 6a-6e continued Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 6b. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns and Hawkins Nays: None Item 6a RESOLUTION NO. 115-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7 Bid was awarded to Professional Turf Products in the amount of $35,000.00 for the purchase of a Groundsmaster 4000-D mower through the Houston-Galveston Area Council of Governments Cooperative Purchasing Program. Items 8a-8e Minutes of the following board and commission meetings were received. a. Wichita Falls Traffic Safety Commission— October 2, 2002 b. Planning and Zoning Commission— October 9, 2002 c. Construction Board of Adjustments & Appeals— October 21, 2002 d. Tax Increment Financing Board — November 6, 2002 e. Landmark Commission— October 24, 2002 Item 6b RESOLUTION NO. 116-2002 RESOLUTION AUTHORIZING AN INCREASE OF THE ANNUAL LEASE AMOUNT ON TWENTY-TWO (22) LEASE LOTS AT LAKE ARROWHEAD TO $624.00 FOR A PERIOD OF FIVE YEARS BEGINNING JANUARY 1, 2003 THROUGH DECEMBER 31, 2007; 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. 116-2002 be passed. Motion seconded by Councilor Williams. Councilor Hawkins asked how many of the vacant lots had been leased. Mrs. Pat Hoffman informed that none had been leased. She added that they have been working with the Health Department on septic tank issues. Councilor Hawkins stated that there had been heavy discussion by Council previously regarding the leasing of vacant lots. If more lots were leased we might not have to increase the rate. City Manager informed that there are environmental issues out there, and added that there were other leases out there at $600. Mrs. Hoffman informed that other leases had gone up to $600 in June 2001. Councilor Hawkins felt that available lots should be leased. Councilor Burns agreed that if this is a revenue stream we should determine which lots can be leased and lease them. Councilor Ammons asked that the leases be reviewed in their entirety noting that the way the leases are written funding cannot be obtained in a secondary market. 177 Item 6b continued Mayor suggested that Staff prepare a presentation on the lake lots addressing what is leased and the benefits, and Council can determine any changes. He asked that this be presented to Council within the next couple of meetings. Mayor felt that the yearly rate was rather low and suggested it be raised to $624.00. Moved by Councilor Ammons to amend the proposed resolution by replacing the $600.00 figure with $624.00. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Burns Nays: Councilor Hawkins Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 9 ORDINANCE NO. 97-2002 ORDINANCE MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT REVENUE RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT 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 Ammons that Ordinance No. 97-2002 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 10a RESOLUTION NO. 117-2002 RESOLUTION MODIFYING THE FM 2380 TRAIL PROJECT AND APPROVING AN AMENDMENT TO THE 4B SALES TAX CORPORATION'S FISCAL YEAR 2002-2003 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. 117-2002 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 178 Item 10b RESOLUTION NO. 118-2002 RESOLUTION MODIFYING THE WOODS MEMORIAL PARK PROJECT AND APPROVING AN AMENDMENT TO THE 4B SALES TAX CORPORATION'S FY 2002-2003 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. 118-2002 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 10c RESOLUTION NO. 119-2002 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION CONTRACT WITH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE FOR THE PURCHASE OF CERTAIN SUPPLIES AND EQUIPMENT; 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. 119-2002 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 10d RESOLUTION NO. 120-2002 RESOLUTION ACCEPTING BIDS FOR CERTAIN PARCELS OF EXCESS REAL PROPERTY AND AUTHORIZING EXECUTION OF DEEDS TO CONVEY TITLE; 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. 120-2002 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None 179 Item 10e RESOLUTION NO. 121-2002 RESOLUTION TO AWARD BID AND CONTRACT FOR THE HOLLIDAY CREEK PEDESTRIAN AND BICYCLE TRAIL, PHASE 4 PROJECT, AND APPROVE CHANGE ORDER NO.1; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTUION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 121-2002 be passed. Motion seconded by Councilor Burns. Mr. Scott Taylor informed that the low bidder was Freeman Construction, Vernon, Texas in the amount of $377,858.52. The change order was a decrease in the amount of $55,470.00, making the total adjusted bid $322,388.52. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 11 a Councilor Ammons asked Mr. Scott Taylor to check the alley at 2002 Jones Street for City responsibility. Mr. Taylor stated that he would check into that, however he thought the alley was an easement and the City does not maintain easements. Councilor Ammons invited everyone to attend the Downtown Lighting celebration and related events on Saturday, November 23 from 4 p.m. to 8 p.m. Councilor Burns thanked Animal Control for their quick response to citizen concerns. He reminded everyone that the Optimist Club will begin selling Christmas trees the day after Thanksgiving on Kemp in front of Bank One Tower. Councilor Esther asked Staff to check into the chug hole at Maurine and 144. Mr. Scott Taylor will look into this. Councilor Esther asked how sanitation used the days they did not collect refuse. Mr. Taylor provided that information. Councilor Esther asked for a status report on the Police Fire Training Center. City Manager informed that design plans are being reviewed and will advertise for bids in February. Councilor Esther asked that the appointment of a committee to review the animal grazing issue be placed on the agenda. Councilors Williams and Hawkins were in support of placing this item on the agenda. Staff will place an item on the next Council agenda for the appointment of a committee to look into this. Councilor Esther asked for prayer for the leaders of our country. He stated that there was something wrong when people are afraid to go to a football game or board an airplane. We need to ask God for help. Councilor Hawkins thanked Mr. Bobby Teague, Building Inspector, for being very receptive to citizen concerns. Councilor Hawkins was pleased with the decision to hire from within and felt that Mr. Teague was going to do a good job. Councilor Hawkins asked Staff to consider expanding the lighting downtown in an effort to attract people who are traveling through Wichita Falls on the overpass. Councilor Williams thanked Mr. Matt Benoit for providing a copy of the proposed Public Safety Building. She asked that something similar with less detail be made available for citizens in that neighborhood to let them see what it is going to look like. 180 Item 11 a continued Councilor Williams asked Mr. Darron Leiker to look at the lighting on the 1800 block of Hines Street for sufficiency and that he coordinate with the Police Chief. Councilor Williams asked the Police Department to be especially mindful during the times that there are calls or raids relating to narcotic problems in that area. She suggested that at that time for at least a week they start looking at Mr. David Brock's business because it seems like whenever there is a call or raid he experiences a lot more vandalism than one would expect a business to have. There might be more than a casual connection to that. Councilor Williams mentioned that Councilor Esther had previously mentioned a rash of crimes near the trail around Andrews and Dee Drive. She said she had looked inb this and if there was a rash of crimes they were not reported. The Police Department cannot do anything about a crime that is not reported. We do not want to give the trail a bad name when it does not deserve it, however, it is important to make crime reports if they are happening. Mayor reminded citizens about Operation Thanksgiving and encouraged families to participate in this wonderful program by inviting service men and women to their homes. Item 11 b City Manager thanked the Council and those who attended the employee retirement dinner Friday night and noted that it was enjoyable evening. Item 11 c City Council went into executive session at 10:05 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:27 a.m. City Council adjourned at 11:27 a.m. PASSED AND APPROVED this day o 2002. WILLIAM K. ALTMAN MAYOR ATTEST: 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, November 19, 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: Pastor Scott Van Bibber First Church Of The Nazarene 4. Presentations: 5. Approval of Minutes CONSENT AGENDA 6. Resolutions: a. Resolution Of The City Council Of The City Of Wichita Falls, Texas Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of City Council Agenda Tuesday, November 19, 2002 Page 2 Housing And Urban Development Funded Programs. (City Council Bill #232) b. Resolution Authorizing An Increase Of The Annual Lease Amount On Twenty-Two (22) Lease Lots At Lake Arrowhead To $600.00 For A Period Of Five Years Beginning On January 1 , 2003 Through December 31 , 2007. (City Council Bill #233) 7. Award Of Bid: Purchase Of A Groundsmaster 4000-D Mower Through The Houston-Galveston Area Council Of Governments Cooperative Purchasing Program, From Professional Turf Products, In The Amount Of $35,000.00. 8. Receive Minutes: a. Wichita Falls Traffic Safety Commission — October 2, 2002 b. Planning & Zoning Commission — October 9, 2002 c. Construction Board of Adjustment and Appeals — October 21 , 2002 d. Tax Increment Financing Board — November 6, 2002 e. Landmark Commission — October 24, 2002 REGULAR AGENDA 9. Ordinances: Ordinance Making Appropriation To The Special Revenue Fund For Grant Revenue Received From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #234) 10. Resolutions: a. Resolution Modifying The FM2380 Trail Project And Approving An Amendment To The Corporation's Fiscal Year 2002-2003 Budget (City Council Bill #235) b. A Resolution Modifying The Woods Memorial Park Project And Approving An Amendment To The Corporation's FY 2002-2003 Budget. (City Council Bill #236) c. Resolution Authorizing The City Manager To Execute An Interlocal Cooperation Contract With The Texas Local City Council Agenda Tuesday, November 19, 2002 Page 3 Government Purchasing Cooperative For The Purchase Of Certain Supplies And Equipment. (City Council Bill #237) d. Resolution To Accept And/Or Reject Bids For The #5 Vacated Fire Station At 2515 Fillmore And A 1 .47 Acre Tract Of Land Located At 4200 Weeks Park Drive. (City Council Bill #238) e. Resolution To Award Bid And Contract For The Holliday Creek Pedestrian And Bicycle Trail, Phase 4 Project and Approve Change Order No. 1. (City Council Bill #239) 11 . 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 Council Appointed Officials As Authorized By Section 551.074 Of The Texas Government Code." 12. 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