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Min 01/07/2003 1 Wichita Falls, Texas Memorial Auditorium Building January 7, 2003 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 Tem 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 David Brock, 1819 Hines, complained about lack of action by the Police Department regarding the criminal activity in his neighborhood. He also mentioned another incident where he says that Fire Marshall Collins broke the law. Mayor asked Mr. Brock to put his complaints in writing and send them to him in order to validate or invalidate them. Mayor also informed that the Council committee that is looking into the animal grazing issue would be meeting soon. Item 3 Pastor Charles Nichols, Southside Baptist Church, gave the invocation. Item 4 Ms. Seante Hanlon, Public Safety Dispatcher, Police Department, was recognized as employee of the month for January 2003. Mayor presented Ms. Hanlon with a plaque, check, dinner for two, and golf passes. Mayor proclaimed the month of January 2003 as Crime Stoppers month in Wichita Falls and he encouraged citizens to acknowledge the fine work this organization does for the Wichita Falls area. Mr. Wesley Middleton, President of Crime Stoppers, and Officers Joyner and Masterson accepted the proclamation. Item 5 The Minutes were approved as distributed. 2 Item 6a-8a City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Hawkins stepped out of Council Chambers. Councilor Williams asked that Item 8a be moved to the Regular Agenda. Moved by Councilor Norrie that the Consent Agenda be approved with the exception of Item 8a. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Item 6a RESOLUTION NO. 1-2003 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 6b RESOLUTION NO. 2-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE SCOTLAND SANITARY SEWER IMPROVEMENT PROJECT PHASE 2 AND AUTHORIZE FINAL PAYMENT TO BOWLES 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-7b Minutes of the following board and commission meetings were received. a. Landmark Commission — December 17, 2002 b. Library Advisory Board — December 10, 2002 Item 8a Moved by Councilor Burns to award the bid to Smith's Gardentown Farms in the amount of $16,222.50 and to Berend Brothers in the amount of $12,095.10 for the City's annual spring flowers. Motion seconded by Councilor Ammons. Councilor Williams commented that it was important that the local nurseries are participating in the bidding process. She also wanted to thank Staff for getting the best price. The plantings are one of the things that people recognize. It is a minimum amount for maximum public exposure. Councilor Hawkins returned to Council Chambers. Councilor Hawkins stated that it was nice to see that local vendors are receiving the bid and at the same time saving the City money. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 3 Item 9a ORDINANCE NO. 1-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 1604, 1606 1608 & 1610 13T" STREET, LOTS 4, 5, 6 & 7, BLOCK 1, LUKE WILSON ADDITION, WICHITA FALLS, TEXAS, FROM SINGLE FAMILY-2 TO LIMITED 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 Moved by Councilor Williams that Ordinance No. 1-2003 be approved. 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 9b ORDINANCE NO. 2-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $145,347 FOR THE PREVENTION, COUNSELING, AND PARTNER ELICITATION (PCPE) GRANT RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE A 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. 2-2003 be approved. 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 9c ORDINANCE NO. 3-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION (LONE STAR LIBRARIES PROGRAM), MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $10,707 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT; 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. 3-2003 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 4 Item 9d ORDINANCE NO. 4-2003 ORDINANCE WAIVING APPENDIX A, COMPREHENSIVE SUBDIVISION ORDINANCE, SECTION 9, STANDARDS AND SPECIFICATIONS, (B) STREETS, PARAGRAPH 1(H) TO ALLOW A RESIDENTIAL CUL-DE-SAC WITH A LENGTH OF OVER 300 FEET IN THE FOUNTAIN PARK SUBDIVISION, PROPOSED SECTION 22-13, PROPOSED LOTS 1 THROUGH 9, BLOCK 45; 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. 4-2003 be passed. 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 10a A proposed resolution was presented authorizing the City Manager to execute a lease agreement for the lease of City-owned land located at 4611 Lake Shore Drive to Wild Bird Rescue. Moved by Councilor Norrie that proposed resolution be passed. Motion seconded by Councilor Burns. Councilor Burns stepped out of Council Chambers. Kimberly Payne, 4653 Rainbow, President of Wild Bird Rescue, provided information on the non-profit entity. Mayor noted that this item should probably be tabled because it needs to go to Planning & Zoning for re-zoning. In addition, the City Attorney has been on vacation and has not reviewed the lease. Moved by Councilor Ammons to table this item. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 10b RESOLUTION NO. 3-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 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 Councilor Burns returned to Council Chambers. Moved by Councilor Ammons that Resolution No. 3-2003 be passed. Motion seconded by Councilor Norrie. Councilor Williams commented that we could have saved ourselves $12,000 if someone had pursued an answer to her question regarding this. She hopes that next time, concerns will be looked into. 5 Item 10b continued Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 10c A resolution was presented authorizing the City Manager to execute a lease agreement with River Bend Nature Works, Inc., for the operation of the River Bend Nature Works Center. Moved by Councilor Williams that proposed resolution be passed. Motion seconded by Councilor Ammons. Beverly Williamson, Executive Director of River Bend Nature Works, informed that they have been working with City Staff to develop a Memorandum of Understanding and have been in negotiations to develop a long-term lease agreement. Mrs. Williamson noted an inconsistency in the attached map, which did not reflect prior leases. Mayor mentioned a typographical error on page 4 of 15 — Number 5; the annual rent should read $1.00 not $1,00. Moved by Councilor Burns to table this item to make the necessary corrections and that it be placed back on the agenda in two weeks. 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 11 a Councilor Ammons questioned why the Council/Landmark Commission work session was being held at 8 a.m. She stated that the Floral Heights residents wanted to attend. Mayor stated that he had polled the Council and this meeting was for Council to interact with the Landmark Commission, however, if a subsequent meeting is needed it can be held in the evening. Councilor Ammons invited Council and interested persons to attend the Floral Heights meeting at 1401 Grant, January 9 at 7 p.m. She noted that the Floral Heights group is very interested in the Landmark Commission designation. Councilor Burns stated that he and his family enjoyed the hockey game very much, and noted that the facility was spectacular. Everyone involved did a great job to get it opened and we were very impressed with it. It was very easy to get out of the parking lot after the game. He hopes that the Coliseum continues to be filled. I was very proud of it on behalf of the citizens. Councilor Norrie informed that the City-County Health District had a new Medical Director, Dr. Dale Moquist, and he welcomed him. He mentioned that they want to open negations to look at the agreement between the Residency Program and the Health Department. Councilor Esther stated that Monday we lost a valuable asset to this City, Mrs. Gwendolyn Jackson. She pushed for education with fervor. I would like for us to pause for a moment of silence in remembrance of this great citizen, and we want to express our gratitude for the services she granted to us all these years. A moment of silence was held in memory of Mrs. Gwendolyn Jackson for her worthy contributions to our City. Councilor Hawkins thanked Councilor Esther for this. Councilor Hawkins noted that we were not going to get the Veteran's Home but maybe we can look at it and find out what we did right and wrong to prepare a better offer for the other two Veteran's Homes. Councilor Hawkins mentioned that our Coliseum was one of the top five in the United States. I was pleased to see the City working with the general contractors to have a Certificate of Occupancy to have ice skating 6 Item 11 a continued and other things while they are still working on it. This shows we have a desire to work with general contractors and hope this continues. We will have the Maskat Bull Fest there next year. I am very proud of our Coliseum. Wichita Falls can produce quality when we need to. Councilor Williams wished everyone a Happy New Year. She expressed how much she appreciates the opening of the Coliseum although it was not expected to open until March. She invited the naysayers to join us for a year to prove the success of this facility. After that, the conclusion will be a fact and not a gut feeling. The MPEC concept is a reality and we have finally succeeded. Come grow with us. Mayor recognized the loss of Mrs. Gwendolyn Jackson. It is difficult to remember a citywide event where she was not there playing the piano. Our sympathy goes out to her family. Mayor mentioned that the hockey game was very exciting. Overall the opening was a resounding success, and it is going to benefit us as a community. Item 11 b City Manager stated that one of the best ways to honor Mrs. Gwendolyn Jackson would be by our participation at the MLK Breakfast on January 18. Mrs. Jackson and her piano playing will be missed and there will be a void. Councilor Williams informed that the program begins at 8:45 a.m. and the breakfast begins at 7:45 a.m. at MPEC. The City Council adjourned at 9:45 a.m. PASSED AND APPROVED this day of 2003. WILLIAM K. ALTMAN MAYOR ATTEST: 4 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, January 7, 2003, 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 Charles Nichols Southside Baptist Church 4. Presentations: Employee Of The Month 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 Housing And Urban Development Funded Programs. (City Council Bill #265) City Council Agenda Tuesday, January 7, 2003 Page 2 b. Resolution To Accept The Scotland Sanitary Sewer Improvement Project Phase 2 And Authorize Final Payment To Bowles Construction Co. (City Council Bill #266) 7. Receive Minutes: a. Landmark Commission — December 17, 2002 b. Library Advisory Board — December 10, 2002 8. Award of Bids: a. Award Of Bid For The Purchase Of The City's Annual Spring Flowers To Smith's Gardentown Farms In The Amount Of $16,222.50, And To Berend Brothers In The Amount Of $12,095.10. REGULAR AGENDA 9. Ordinances: a. Ordinance Rezoning 1604, 1606 1608 & 1610 131h Street, Lots 4, 5, 6 & 7, Block 1 , Luke Wilson Addition, From Single Family-2 To Limited Commercial Zoning, And Amending The Land Use Plan. (City Council Bill #267) b. Ordinance Making An Appropriation In The Special Revenue Fund In The Amount Of $145,347 For The Prevention, Counseling, And Partner Elicitation (PCPE) Grant Received From The Texas Department Of Health And Authorizing The City Manager To Execute A Contract Accepting Same. (City Council Bill #268) c. Ordinance Accepting Grant Funds Received From The Texas State Library And Archives Commission (Lone Star Libraries Program), Making An Appropriation In The Special Revenue Fund In The Amount Of $10,707, And Authorizing The City Manager To Execute The Grant Contract. (City Council Bill #269) d. Ordinance Waiving Appendix A, Comprehensive Subdivision Ordinance, Section 9, To Allow A Residential Cul-De-Sac Over 300 Feet In Length In The Fountain Park Subdivision, Section 22-B. (City Council Bill #270) City Council Agenda Tuesday, January 7, 2003 Page 3 10. Resolutions: a. Resolution Authorizing The City Manager To Execute A Lease Of A Parcel Of Land Located At 4611 Lake Shore Drive To Wild Bird Rescue. (City Council Bill #271) b. Resolution to Approve Change Order No. 1 for the Fire Drill Field Project. (City Council Bill #272) c. Resolution Authorizing The City Manager To Execute A Lease Agreement With River Bend Nature Works, Inc., For The Operation Of The River Bend Nature Works Center. (City Council Bill #273) 11 . Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 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