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Min 12/03/2002 181 Wichita Falls, Texas Memorial Auditorium Building December 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 Lydia Torres - City Clerk Mayor called the meeting to order. Item 2 No one signed up to speak under public comments. Item 3 Pastor Dennis Wilkinson, Floral Heights United Methodist Church, gave the invocation. Item 4 Mr. Richard Maruscsak, Librarian II, Technical Services Manager, was recognized as employee of the month for December 2002. Mayor presented Mr. Maruscsak with a check, gift certificate for dinner, certificate for two rounds of golf and a City pin. Woman's Forum President-elect Carrie Spencer and SAFB Liaison Marlies Hassenewert presented Council with a Historic Falls Umbrella. The umbrella depicts different buildings and events of our City. These umbrellas are being sold by the Woman's Forum as a fundraiser. Councilor Esther stepped out of Council Chambers. Item 5 The minutes were approved as distributed. Items 6a-7a City Manager gave a briefing on the items listed under the Consent Agenda. 182 Items 6a-7a continued Moved by Councilor Williams that the Consent Agenda be approved. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 122-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR FOURTEENTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; 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 October 16, 2002 Zoning Board of Adjustment were received. Item 8a The proposed grease ordinance was removed from the agenda. Item 8b ORDINANCE NO. 98-2002 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING THE 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 Burns that Ordinance No. 98-2002 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Burns, and Hawkins Nays: None Item 8c ORDINANCE NO. 99-2002 ORDINANCE REZONING A 1.71-ACRE TRACT BEING LOTS 2, 3 & 4, BLOCK 110, WESTMORELAND PARK, A.K.A. 4700, 4702 & 4704 WYOMING AVENUE, FROM SINGLE FAMILY-2 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 Councilor Esther returned to Council chambers. 183 Item 8c continued Moved by Councilor Burns that Ordinance No.99-2002 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d ORDINANCE NO. 100-2002 ORDINANCE AMENDING THE 2001-02 BUDGET IN VARIOUS FUNDS AS PART OF THE 2001-02 FISCAL YEAR END CLOSING PROCESS; 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. 100-2002 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 8e ORDINANCE NO. 101-2002 ORDINANCE REZONING LOT 1, BLOCK 1, CELLULAR TELEPHONE ADDITION, A.K.A. 5073 REILLY ROAD, BEING, 5.39 ACRES OUT OF ABSTRACT 66, FROM SINGLE FAMILY-1 TO GENERAL COMMERICAL 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 Ammons that Ordinance No. 101-2002. 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 8f The proposed ordinance setting fees for grease generator permits was removed from the agenda by unanimous consent. Item 9a RESOLUTION NO. 123-2002 RESOLUTION APPROVING THE TRANSFER OF VARIOUS AGED RECEIVABLE ACCOUNTS TO DORMANT STATUS AS PART OF THE CITY'S FISCAL YEAR END CLOSING PROCESS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 184 Item 9a continued Moved by Councilor Ammons that Resolution No. 123-2002 be passed. Motion seconded by Councilor Hawkins. Mayor referred to the wording in Section 1 that read "Water/Sewer/Refuse Collection Charges" and noted that the wording in the proposed resolution was not the same as in the commentary. By unanimous consent Section 1 was amended to reflect the following wording: "Water/Sewer/Refuse/Storm Water Collection Charges". Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9b RESOLUTION NO. 124-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING ADJUSTMENTS TO THE ANNUAL SALARY OF THE CITY MANAGER, CITY ATTORNEY, CITY CLERK, AND MUNICIPAL COURT JUDGE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Mayor Altman that Resolution No. 124-2002 be passed with the insertion of the following salary figures: Section 1. Jim Berzina, City Manager- $143,687.50 Section 2. Bill Sullivan, City Attorney -$104,355.68 Section 3. Lydia Torres, City Clerk - $49,115.00 Section 4. Larry Gillen, Municipal Court Judge - $71,610.00 Motion seconded by Councilor Norrie. Discussion ensued regarding the effective date of the salary adjustments. Moved by Councilor Esther to amend the proposed resolution to reflect that the salary adjustments be effective December 1, 2002. Motion seconded by Councilor Williams and failed by the following vote. Ayes: Councilors Williams, Esther, and Burns Nays: Mayor Altman, Councilors Ammons, Norrie, and Hawkins Moved by Councilor Norrie to amend the proposed resolution to reflect that the salary adjustments be effective October 1, 2002. Motion failed for lack of a second. Discussion followed regarding the additional 20 vacation days for the City Manager. Some Council members felt that other key personnel should be allowed to accrue 50 days of vacation along with the City Manager. Councilor Hawkins suggested looking at the directors' level as well as all the Council appointees for vacation accrual. Moved by Councilor Hawkins to amend the proposed resolution by adding the three Council appointees City Attorney, City Clerk, and Municipal Judge to accrue 50 vacation days. 185 Item 9b continued Motion seconded by Councilor Williams. Councilor Burns felt that the accrual is a reward for length of service of the individual. David Brock, 1819 Hines, commented that it should be a City policy that accrual be allowed depending on the length of service, which would be more in line with what the State does. Motion failed by the following vote. Ayes: Councilors Williams and Hawkins Nays: Mayor Altman, Councilors Ammons, Esther, Norrie, and Burns Main motion with the insertion of the adjusted salaries carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: Hawkins Item 9c Appointment to the Wichita Appraisal District Board of Directors will be placed on the next Council Agenda. Item 9d RESOLUTION NO. 125-2002 RESOLUTION APPROVING APPLICATION OF THE TEXAS HOUSING FINANCE CORPORATIONS ACT TO PROPERTY WITHIN THE CITY AND GRANTING APPROVAL TO THE NORTEX HOUSING FINANCE CORPORATION FOR THE USE OF BOND PROCEEDS FOR HOME MORTGAGES; AND 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. 125-2002 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 10a Councilor Esther hoped that everyone had a good Thanksgiving. Councilor Hawkins noted that a lot of people are moving into Wichita Falls. He is happy to have survived a lot of the problems that other cities are having. He asked for a report on the industry as to who is moving in and what we can do to attract more industry. He asked for an update on the proposed Veterans' Home on Armory Road. City Manager informed that the City had made the final list for the Veterans' Home and we were asked to put up the sign, therefore, he was hopeful that we were the only ones on the final list. Councilor Williams encouraged people to help the less fortunate than we by contributing food, clothes and toys. There is a lot of need out there. 186 Item 10a continued Councilor Ammons commended Shirley Craft, Guy Dunn, and Gail Natale for the success of the Downtown Lighting. She encouraged attendance to the MSU Concert on Thursday at 7:30 p.m. and to River Bend on Friday and Saturday nights. Councilor Burns agreed that the Downtown Lighting was a spectacular event and he thanked everyone that participated. He reminded everyone that the Optimist Christmas tree lot is now open. Councilor Norrie echoed Councilor Williams comments and encouraged people to give to the charitable organizations. Mayor informed that he had appointed Councilors Esther, Councilor Norrie and himself to look into the concern regarding grazing animals. He mentioned that the committee would be meeting in the next couple of weeks. Councilor Hawkins informed that there would be a meeting with local legislators on Wednesday at 4:00 pm. at the Hamilton Building. Mayor thanked everyone for all the prayers on the premature birth of his grandson. Grandson and parents are doing well. Item 10b There were no staff reports. City Manager informed that they had concluded discussion with the two industries, PPG and Vetrotex, for non-annexation renewals and they will be on the next Council agenda. Item 10c City Council went into executive session at 10:56 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:40 a.m. Mayor announced that there were no votes or action taken in executive session. Item 10c(2a) Moved by Councilor Burns to reappoint Mr. Rick Boone, Place 2, to the Airport Board of Adjustment with term to expire December 31, 2004. 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 10c(2b) Moved by Councilor Burns to appoint the following persons to the Construction Board of Adjustment. Place 1, Mr. Syd Litteken, General Building Contractor Place 2, Mr. Leo Lane, Mechanical Engineer Place 5, Mr. Jimmy Barnes, Plumbing Contractor Place 8, Mr. Charles Barr, Home Building Industry All above terms expire December 31, 2005. 187 Item 10c(2b) continued Place 10, Mr. Harris Pink, General Bldg. Contractor (Alternate) Place 11, Mr. Chuck Dennis, Home Building Contractor (Alternate) Terms for Place 10 and 11 will expire December 31, 2004. 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 10c(2c) Moved by Councilor Burns to reappoint Mr. Ken Dowdy, Place 2, and Mr. Douglas James, Place 4, to the Landmark Commission with terms to expire December 31, 2005 and to appoint Mrs. Shirley Craft to Place 3 with term to expire December 31, 2005. 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 10c(2d) Moved by Councilor Burns to reappoint the following persons to the Planning and Zoning Commission: Place 4, Mr. James Bradberry, Place 6, Mrs. Susan Wood-Reeves Place 8, Mr. Bill Rowland Terms for the above will expire December 31, 2004. In the same motion the following were appointed: Place 1, Mr. Steve Lane Place10, Mrs. Cayce Cleary Terms for place 1 and 10 will expire December 31, 2004. Place 11, Mr. Charles Barr with term to expire December 31, 2003. 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 10c(2e) Moved by Councilor Burns to reappoint Mr. David White, Place 1, and Mrs. Debra White, Place 2, to the Tax Increment Finance Board with terms to expire December 31, 2004. In the same motion Mrs. Debra White was appointed Chair with her Chair term to expire December 31, 2003. 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 10c(2f) Appointments to the Wichita Appraisal District were deferred until the next Council meeting. 188 Item 10c(2g) Moved by Councilor Burns to reappoint the following persons to the Zoning Board of Adjustments: Place 1, Dr. Dana Mills Place 2, Ms. Willa Burgess Place 6, Mr. Jose Garcia (Alternate 1) and the following were appointed: Place 7, Mr. Jerry Hutchins (Alternate 2) Place 9, Mr. James McNeil (Alternate 4) Terms for the above will expire December 31, 2004. In the same motion Dr. Dana Mills was appointed Chair with his chair term to expire December 31, 2003. 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 10c(2h) Moved by Mayor Altman that Mr. Curtis Harrelson, Place 1, be reappointed to the Aviation Advisory Board with term to expire December 31, 2005. 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 10c(2i) Moved by Mayor Altman to reappoint the following persons to the Clean Community Commission: Place 2, Mr. Cliff O'Neal, Place 7, Mr. Gregory Washburn Place 9, Ms. Clemmie Garrett, Terms of the above will expire December 31, 2004. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Burns to appoint the following to the Clean Community Commission: Place 1, Mrs. Diane Garcia with term to expire December 31, 2003, Place 3, Mrs. Nan Presson with term to expire December 31, 2004. 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 10c 2 Appointments to the Commission on Human Needs were deferred until the next Council meeting. 189 Item 10c(2k) Moved by Councilor Burns to reappoint the following persons to the Park Board: Place 1, Mr. Gary Patrick Place 3, Mr. Matthew Bohlen Terms for the above will expire December 31, 2005 Motion seconded by Mayor Altman and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Hawkins to appoint Mr. Brett Lee to the Park Board with term to expire December 31, 2002. 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 10c(21) Moved by Councilor Ammons to reappoint the following persons to the Traffic Safety Commission: Place 11, Mr. Al Sutko Place 15, Mr. Jody Wade. Terms for the above will expire December 31, 2005. Motion seconded by Mayor Altman and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 10c(2m) Moved by Mayor Altman to reappoint Mr. Kerry Maroney, Place 3 to the Water Resources Commission with term to expire December 31, 2004. In the same motion Mr. Eddie Holcomb was appointed to Place 2 with term to expire December 31, 2004. 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 10c(2n) Moved by Mayor Altman to reappoint Ms. Diane Stewart, Place 2, to the Wichita Falls/Wichita County Health Board with term to expire December 31, 2004. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 190 Item 10c(2n) continued Moved by Councilor Hawkins to waive the term limit requirement and reappoint Dr. Susan Strate, Place 5, to the Wichita Falls/Wichita County Health Board with term to expire December 31, 2004. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None City Council adjourned at 12:00 p.m. PASSED AND APPROVED this day of It CJ ), 2002. WILLIAM K. ALTMAN MAYOR ATTEST: �. ,JLydia 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, December 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: Pastor Dennis Wilkinson Floral Heights United Methodist Church 4. Presentations: Employee Of The Month 5. Approval of Minutes CONSENT AGENDA 6. Resolutions: a. Resolution Authorizing Application For Fourteenth Year Funding Of The North Texas Regional Drug Enforcement Task Force. (City Council Bill #240) City Council Agenda Tuesday, December 3, 2002 Page 2 7. Receive Minutes: a. Board of Adjustment — October 16, 2002 REGULAR AGENDA 8. Ordinances: a. Ordinance Providing Regulations For The Generation, Accumulation, Discharge, And Disposal Of Grease Interceptor Wastes, Including, But Not Limited To, The Permitting And Servicing Of Grease Interceptor Waste Generators. (City Council Bill #241) b. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #242) c. Ordinance Rezoning A 1 .71-Acre Tract Being Lots 2, 3 & 4, Block 110, Westmoreland Park, A.K.A. 4700, 4702 & 4704 Wyoming Avenue, From Single Family-2 To Multifamily Zoning And Amending The Land Use Plan. (City Council Bill #243) d. Ordinance Amending The 2001-02 Budget In Various Funds As Part Of The 2001-02 Fiscal Year End Closing Process. (City Council Bill #244) e. Ordinance Rezoning Lot 1 , Block 1 , Cellular Telephone Addition, A.K.A. 5073 Reilly Road, being, 5.39 acres out of Abstract 66, from Single Family-1 to General Commerical Zoning And Amending The Land Use Plan. (City Council Bill #245) f. Ordinance Setting Fees For Grease Generator Permits As Defined In The Grease Trap Ordinance. (City Council Bill #246) City Council Agenda Tuesday, December 3, 2002 Page 3 9. Resolutions: a. Resolution Approving The Transfer Of Various Aged Receivable Accounts To Dormant Status As Part Of The City's Fiscal Year End Closing Process. (City Council Bill #247) b. Resolution Making Adjustments To The Annual Salary Of The City Manager, City Attorney, City Clerk, And Municipal Court Judge. (City Council Bill #248) c. Resolution Appointing One Member To Serve On The Wichita Appraisal District Board Of Directors. (City Council Bill #249) d. Resolution Approving The Application Of The Texas Housing Finance Corporations Act To Property Within The City And Granting Approval To The NORTEX Housing Finance Corporation For The Use Of Bond Proceeds For Home Mortgages. (Council Bill #250) 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: a) Airport Board Of Adjustment b) Construction Board Of Adjustment c) Landmark Commission d) Planning & Zoning Commission e) TIF Board f) Wichita Appraisal District g) Zoning Board Of Adjustments "As Authorized By Section 551 .074 Of The Texas Government Code." (2) Appointments To Boards And Commissions: a) Airport Board Of Adjustment b) Construction Board Of Adjustment c) Landmark Commission d) Planning & Zoning Commission City Council Agenda Tuesday, December 3, 2002 Page 4 e) TIF Board f) Wichita Appraisal District - "Resolution of the City Council" (City Council Bill #249) g) Zoning Board Of Adjustment h) Aviation Advisory Board i) Clean Community Commission j) Commission On Human Needs k) Park Board 1) Traffic Safety Commission m)Water Resources Commission n) City/County Health Board 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