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Min 02/18/2003 24 Wichita Falls, Texas Memorial Auditorium Building February 18, 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 Linda Ammons - Councilors James Esther, Jr - Michael Norrie - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Arthur Bea Williams - Absent Mayor called the meeting to order. Item 2 David Brock, 1819 Hines, expressed appreciation to Police Chief for raiding the crack house in his neighborhood and deterring the prostitution activity there. However, he complained about the inaccuracy of the police reports regarding his stolen vehicle. He said that he had provided this and other concerns in writing to the Council yesterday requesting answers. Bruce Landy, 1701 Pearlie Drive, asked that Council look at allowing commercial water accounts be paid with credit cards. Mayor suggested that he discuss that with Mr. Jim Dockery, Finance Director. Scott Gaston, 5945 Kiel, asked Council to consider providing water mains in that area. He said that there are not enough homes out there to distribute the cost to install water lines and he is requesting assistance from the City. Councilors Hawkins, Norrie, and Esther agreed to have staff put this request on the agenda for discussion. Item 3 Reverend Terri Perkins, Grant Street United Methodist Church, gave the invocation. Item 4 Mayor recognized Mr. Jack Mezzo, American Red Cross, and Mr. Greg Stockton, Restaurant Association, and read a proclamation declaring March 4, 2003 as "Taste of the Town Day". He congratulated the restaurateurs for holding this event and thanked them for contributing to our community in this way. Mr. Mezzo and Mr. Stockton accepted the proclamation and expressed appreciation to the Council and the citizens for their participation in this event. They invited everyone to attend the Taste of the Town and provided additional information. 25 Item 5 The minutes were approved as distributed. Items 6a-6d and 6f City Manager gave a briefing on the items listed under the Consent Agenda. Mayor requested that Item 6e be brought down to the Regular Agenda. Moved by Councilor Esther that the Consent Agenda be approved with the exception of Item 6e. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Minutes of the following commission meetings were received. a. Planning and Zoning Commission — January 8, 2003 b. Traffic Safety Commission —January 8, 2003 c. 4B Sales Tax Corporation — November 7, 2002 d. Wichita Falls Park Board — January 23, 2003 f. Library Advisory Board — January 28, 2003 Item 6e Moved by Councilor Ammons that the minutes of the January 23, 2003 Wichita Falls Landmark Commission meeting be received. Motion seconded by Councilor Burns. Mayor noted that these were draft minutes and asked if drafts were going to be provided now as opposed to adopted minutes. Mr. Clark responded that draft minutes are provided when it is imperative that Council receive the information prior to Board approval. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor asked that Item 9a be taken out of order and considered at this time. Item 9a RESOLUTION NO. 12-2003 RESOLUTION AUTHORIZING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH PRATT AND WHITNEY CANADA AS RECOMMENDED BY THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION AND APPROVING AN AMENDMENT TO THE 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 Hawkins that Resolution No. 12-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins 26 Item 9a continued Nays: None Item 7 A public hearing was held to approve an amendment to the proposed use of Community Development Block Grant (CDBG) funds in a previously approved Consolidated Plan. Mayor declared the public hearing open. Mayor informed that the Outside Agencies Committee was comprised of Councilors Williams, Ammons, and Norrie. Mr. David Clark informed that there is $818,382.00 available for reallocation. There are times when CDBG funding costs come in lower than scheduled or projects are not completed and that money becomes available for reallocation. The Council Subcommittee on Outside Agencies has recommended the following appropriations of unspent CDBG funds. $40,000 for additional emergency repair work available to low and moderate income homeowners; $35,000 for Christmas in April; $500,000 for street mill and overlay projects in eligible areas; Park Improvements: Williams Park $35,100.00 Lamar Park $80,182.00 Lincoln Park $10,000.00 Scotland Park $45,100.00 Connector/walkway to Linear Parkway $10,000.00 Kay Yeager Coliseum — handicapped access stairway rails $63,000.00 Mr. Clark added that the following are additional program changes. These are program changes only and no additional funding is going into these. In-Fill Housing Program — Amount of "mortgage buy down" increased from $20,000 to $25,000; and expand the eligible area to citywide. First Time Homebuyer Assistance —Down payment assistance increased from $5,000 to $7,500 and maximum sales price up to $80,000. Councilor Hawkins questioned why $63,000.00 was being designated for the Coliseum. Mayor replied that the Coliseum complies with all required codes but the stairs are very steep and it is a safety issue. We have had several senior citizens who are unable to go up those stairs without help and several people have fallen. The $63,000.00 will be to put in a center rail down each of the stairways. Those were not budgeted or required by Code; it is simply a safety issue. Councilor Hawkins stated that it should have been taken into consideration and should have been done when the Coliseum was being built. He expressed concern about using CDBG funds for the Coliseum and did not think it was proper use of these funds. CDBG funds are supposed to be used in an area to help the area that is not able to produce the taxes to run that area. He also disapproved of expanding the In-Fill Housing Program citywide. He felt that the money should be kept in the east side to continue building nice homes in that area and to encourage people to move there. Mayor stated that the Coliseum is built in an area that qualifies for the CDBG funds. Councilor Hawkins stated that he was aware that the Coliseum is in a blighted area but the CDBG funds are meant to help the citizens in the low to moderate area and this is a far cry for what the money is intended. I also believe the railing is needed but I do not feel that these funds should be used for that. He mentioned that the railings were left out so the people's vision would not be blocked. Councilor Norrie recommended that this be approved excluding the two items that Councilor Hawkins has brought to Council's attention. The Council Subcommittee can meet again and discuss those two items. 27 Item 7 continued Councilor Ammons asked if the job-training program had been disbanded. Mr. Clark replied that it was established as a program for concrete workand the success of it is such that people get jobs and consequently it is difficult to keep it staffed. That is why we have money left from that program. Councilor Ammons commented that it is a wonderful program and it has been used on the east side of Brook on Pearl to have their sidewalks repaired. These are seniors on a fixed income and it is appreciated. Councilor Hawkins commented that it is a low to moderate-income area. Mr. Clark clarified that the eligibility for the railing is handicap accessibility, which is implied low to moderate income according to federal regulations. Councilor Hawkins' concern is that the funds should come from the Coliseum Project and not the back pockets of the low to moderate-income persons. Mayor stated that all of the construction money for the Coliseum had been expended and the citizens have gotten every dollar out of the construction budget they can. We are faced with a safety issue where we either adjust our budget and use property taxes or use federal funds that are available for that. A good many of the people who frequent the Coliseum qualify to be low to moderate-income folks and many of the senior citizens that go there fall into those categories. It is an eligible area and one that needs improvements. Councilor Esther brought up the need for a parking lot at the East Branch YMCA. He asked if some of the money for the improvements at Spudder Park could be used to address that issue. Mayor commented that the YMCA was still in the midst of a large capital campaign, and that is one of the projects that is included in their fund drive. City Manager added that when the City used one half million dollars of CDBG funding for the YMCA's Project they committed to putting in the parking lot themselves. Councilor Burns asked for clarification on the $220,000 allocated for Code Enforcement. Mr. Clark explained that the only money that could be used by Code Enforcement is time according to time sheets directed toward demolition activities and substandard structures as well as the cost of the demolition of those sub-standard structures. Mayor asked for additional public comments. There being none, Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 11-2003 ORDINANCE ANNEXING 15 ACRES OF LAND OUT OF THE M. CARBAJAL SURVEY, A-44, WICHITA FALLS, WICHITA COUNTY, TEXAS; 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.11-2003 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8b ORDINANCE NO. 12-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE NO. 96-2002, THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 28 Item 8b continued Moved by Councilor Ammons that Ordinance No. 12-2003 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None City Council recessed at 9:30 a.m. and reconvened at 9:50 a.m. Item 8c ORDINANCE NO. 13-2003 ORDINANCE ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND FORMAL CONSIDERATION OF LANDMARK DISTRICT DESIGNATIONS AS PROVIDED BY CHAPTER 62 OF THE CODE OF ORDINANCES; 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. 13-2003 be passed. Motion seconded by Councilor Esther. The following persons spoke against this ordinance. Julia O'Niel, Southland Addition resident Dawn Murer, former resident of Southland Addition, 608 Hosanna Court, Irving, TX The proposed moratorium was discussed at length. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d A proposed ordinance was presented amending Appendix A, Comprehensive Subdivision Regulations, of the Code of Ordinances; amending Chapter 74 of the Code of Ordinances. Moved by Councilor Ammons that proposed ordinance be passed. Motion seconded by Councilor Hawkins. Mr. David Clark provided information on the proposed amendments noting that the Construction Committee had reviewed this. After some discussion, the Council asked that the following areas be looked into and requested additional background information on the proposed changes. Park Development Master Plan Subdivision Safety-Centers Chuck Dennis, #4 Twelve Oaks and Dennis Probst, 2444 Week Park Lane, thanked the Staff for taking into consideration those who were going to be affected by these changes and for holding a meeting with them. They are happy with the proposed changes. Council wanted additional time to read and study the proposed changes. 29 Item 8d continued Moved by Councilor Norrie to table the proposed ordinance Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors, Esther, Norrie, Burns, and Hawkins Nays: Councilor Ammons Mayor Altman informed that Councilor Williams was absent because her mother, Margie Blackmon, had passed away. He mentioned that Mrs. Blackmon's funeral services would be held Thursday morning at 11:00 a.m. at the Pilgrim's Rest Baptist Church. The Council sends their deepest condolences to Councilor Arthur Bea Williams and her daughter, Andrea Lynn, and their entire family in their loss. Item 8e ORDINANCE NO. 14-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 3, 2003, AND NAMING POLLING PLACES AND ELECTION OFFICIALS; 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. 14-2003 be passed. Motion seconded by Councilor Norrie. City Clerk noted two changes to the list of election officials and requested that Council approve the following amendments to Exhibit A: Replace Presiding Judge in City Box 7, MSU Hardin Administration Building, with Shirley Harris; Replace Alternate Judge in City Box 10, Fowler Elementary School with Ruby Selvidge. City Clerk informed that handicap accessibility for early voting is located on the Sixth Street entrance of Memorial Auditorium. Moved by Councilor Burns to amend Exhibit A as noted by the City Clerk. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9b RESOLUTION NO. 13-2003 RESOLUTION TO AWARD BID AND CONTRACT FOR THE WOOD MEMORIAL PARK RETAINING WALL 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 Hawkins that Resolution No. 13-2003 be passed. 30 Item 9b continued Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9c RESOLUTION NO. 14-2003 RESOLUTION TO ACCEPT THE 2002 ALLEY REHABILITATION PROJECT AND AUTHORIZE FINAL PAYMENT TO McGRATH BROTHERS CONCRETE CO.; 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. 14-2003 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9d A proposed resolution was presented to approve an agreement for temporary private crossing with the Burlington Northern and Santa Fe Railway Company at the Cypress Water Treatment Plant. Moved by Councilor Esther that proposed resolution be passed. Motion seconded by Councilor Ammons. Mr. Scott Taylor commented that this might appear to be getting the cart before the horse because we do not have a project at Cypress Water Treatment Plant. We have been working with the Railroad Company for the last several months to obtain a temporary crossing of the railroad tracks between the property that Cypress resides on and property we own on the north side. He described what they are proposing to do. A question was raised regarding the cost of a permanent crossing versus a temporary crossing. Mr. Taylor will talk to Burlington Northern to see what the difference is. He mentioned the concerns with a permanent crossing at that location. Mayor suggested tabling this item in order to allow Mr. Taylor time to get the cost information because the temporary crossing might cost as much as a permanent one. Moved by Councilor Esther to table the proposed resolution. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 31 Item 9e RESOLUTION NO. 15-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION FOR OFFICIATING SERVICES FOR THE CITY'S AMATEUR ATHLETIC 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. 15-2003 be passed. Motion seconded by Councilor Hawkins. Mayor stepped out of Council Chambers. Mayor Pro Tern Burns presided. Councilor Norrie asked Mr. Murphy to explain the bids. Mr. Murphy explained that the bid that was rejected did not give enough information that the bidder was able to adequately fulfill the need of required officials. Motion carried by the following vote. Ayes: Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor Altman returned to Council Chambers. Item 9f RESOLUTION NO. 16-2003 A RESOLUTION APPROVING THE AMENDMENT TO THE PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN A PREVIOUSLY APPROVED CONSOLIDATED PLAN; 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. 16-2003 be passed. Motion seconded by Councilor Burns. Councilor Hawkins requested that Staff recommendations be provided to Council far enough in advance for them to have time to review and ask questions. Moved by Councilor Burns to amend Section 1 of the proposed resolution by subtracting $63,000 from the park improvements and allocating that amount to the Kay Yeager Coliseum for railing. Section 1 would read as follows: "The City Council of Wichita Falls, Texas hereby approves and adopts amendments to the Action Plan to the Consolidated Plan for the period October 1, 2002 to September 30, 2003, such amendments will include budget revisions allocating $40,000 to emergency repairs; $35,000 to Christmas in April; $500,000 to mill and overlay street repairs which will include engineering costs; $180,382 to park improvements; $63,000 to Kay Yeager Coliseum railing." Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, and Burns Nays: Councilor Hawkins Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins 32 Item 9f continued Nays: None Item 9q RESOLUTION NO. 17-2003 RESOLUTION TO REJECT THE BIDS FOR THE CYPRESS WATER TREATMENT PLANT IMPROVEMENTS 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 Burns that Resolution No. 17-2003 be passed. Motion seconded by Councilor Hawkins. Mr. Scott Taylor informed that this project went over budget by $11 million. He went over the bidding process for this project. Kerry Maroney, Biggs & Matthews, concurred with the need to reject bids and re-bid this project. He informed that once this plant is built it would be one of the largest micro filtration-reverse osmosis plants in North America. He mentioned that out of 109 bid plans sent out only two bids were received. We need to rescope the project. He suggested piecing this out so that there would be 12-14 contractors on this one Cypress Plant. It will allow us to have more bidders participate. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 10 Moved by Councilor Hawkins to award bid for the purchase of the City's estimated annual requirement of meter boxes and lids in the amount of$54,924.40 to the Marta Company. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 11 a Councilor Esther suggested holding Council meetings in the evenings to encourage public participation. Councilor Hawkins thanked the City Staff for the speed with which problems that he called were taken care of. Councilor Ammons asked for the status of the hazardous structures that were on the previous Council agenda and given extended time. Mr. Clark replied that they continue to check on them for compliance. He mentioned that the Restoration Permit has really helped because there is not a gray area about the nature of enforcement. Councilor Ammons referred to a statement made earlier that alluded to the Council wanting to see houses dilapidate. She assured the citizens that Council does not want that; we want to see them maintained so that the taxes are paid. Councilor Ammons reminded everyone that parking on the yard is against City Code and persons can be cited for that. 33 Item 11 a continued Councilor Burns mentioned the Wichita Falls Concert Band and asked if the City had a room or place they can use to rehearse. They are willing to play at City functions in exchange for a place to rehearse. Councilor Norrie mentioned a letter he received recommending prohibiting sales/soliciting on the medians. He was concerned with the safety aspect. City Clerk informed that there had been complaints regarding soliciting on the medians, however, solicitors are warned against working on the medians. The City Clerk will meet with Legal, Police, and Traffic to review the Business Regulation Section of the Code to discuss this concern. Mayor informed that he is appointing a Council Sub-committee comprised of Councilors Norrie, Ammons and Burns to look into the use of parks and summer baseball programs and the contracts involved. There are some possible problems that have arisen in that area and would like for the Subcommittee to review those areas. It appears there may have been someone putting on a tournament that the Parks Department was not aware of. He asked the Subcommittee to bring back any recommendations to Council. Mayor reminded citizens that we do have a permanent water ordinance in effect and the hours for watering are 11:00 a.m. to 6:00 p.m. Mayor again expressed condolences to Arthur Bea Williams and her daughter Andrea in the loss of their mother and grandmother. Item 11 b City Manager informed that Staff had looked into the old "Shopper building" to determine if the City had a need for it and it was determined that we do not have the need at this point. Police Chief Coughlin presented a racial profiling data report as required by Senate Bill 1074, Item 11 c No appointments were made to the Aviation Advisory Board. This item will be placed on the March 4, 2003 Council Agenda. City Council adjourned at 12:14 p. m. PASSED AND APPROVED this day of 2003. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres City Clerk 34 Wichita Falls, Texas Memorial Auditorium Building March 4, 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 Tern Arthur Bea Williams - Councilors James Esther, Jr - Michael Norrie - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Linda Ammons - Absent Mayor called the meeting to order. Item 2 The following person spoke under public comments. David Brock, 1819 Hines, thanked Councilor Esther and Mr. Dave Clark for going out to his business yesterday. He asked that Council investigate his concerns regarding City Staff. Item 3 Dr. David Hartman, First Christian Church, gave the invocation. Item 4 Mr. Troy Andrews, Fire Equipment Operator, Fire Department, was recognized as employee of the month for March 2003. Mayor presented Mr. Andrews with a plaque, City pin, check, dinner for two, and golf passes. Mayor proclaimed March 2-8, 2003 as "Severe Weather Awareness Week in Wichita Falls". Mr. Dave Goodrich, Emergency Management Coordinator, accepted the proclamation. Mayor read a proclamation wherein the City encourages members of the Texas Congressional delegation to actively support passage of an appropriations bill that includes the $3.5 billion first responder initiative to provide money for all Texas cities to help cities pay for some of the resources needed to meet their new responsibilities for Homeland Security. Police Chief Coughlin and Fire Chief Lindsey accepted the proclamation and expressed appreciation that there is a move from Congress to fund the Homeland Security mandates. Mayor proclaimed March as "Childhood Lead Poisoning Prevention Month in Wichita Falls". Mrs. Susan Morris, Environmental Health, and Glenn Eickman, Housing Department, accepted the proclamation. 35 Item 5 The Minutes were approved as distributed. Items 6a-7d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Williams that the Consent Agenda be approved. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 6a RESOLUTION NO. 18-2003. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DECLARING THE CITY OF WICHITA FALLS' ELIGIBILITY AND INTENTION TO PARTICIPATE IN THE TEXAS TAX ABATEMENT PROGRAM TO PROMOTE DEVELOPMENT/ REDEVELOPMENT; 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. 19-2003 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH CHRISTMAS IN APRIL OF WICHITA COUNTY, INC. FOR PROVIDING REPAIR SERVICES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7d Minutes of the following boards and commission meetings were received. a. 4B Sales Tax Corporation — November 7, 2002 b. 4B Sales Tax Corporation —January 29, 2002 c. Library Advisory Board — January 28, 2003 d. Commission on Human Needs —January 13, 2003 Item 8a ORDINANCE NO. 15-2003 ORDINANCE AMENDING THE THOROUGHFARE PLAN, AN ELEMENT OF THE COMPREHENSIVE 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. 15-2003 be approved. Motion seconded by Councilor Burns. There was a lengthy discussion on the proposed amendment to the Thoroughfare Plan with the following citizens expressing concerns regarding property values, safety and quality of life issues, as well as future development in the area under consideration. Laura Pollack, 4713 Stansbury Lane Pastor Burton Mcllroy, Celebration Fellowship Foursquare Church, 6305 Southwest Parkway. 36 Item 8a continued Council explained that it was necessary for the City to have guidelines for future development for consistency and organization, otherwise, the builders would build where they thought they could, resulting in traffic flow problems. City Manager commented that it is a matter of reserving property for future planning. It was suggested that future planning include whole areas as opposed to sections. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Burns, and Hawkins Nays: Councilor Norrie City Council recessed at 10:30 a.m. and reconvened at 10:48 a.m. Item 8b A proposed ordinance was presented rezoning a 2.5-acre tract at the northeast corner of Rathgeber Road and Henry S. Grace Freeway, and amending the land use plan. Moved by Councilor Williams that proposed ordinance be approved. Motion seconded by Councilor Esther. Mayor noted that this was speculative rezoning. Mr. Clark agreed and stated that staff was not aware of any development plan. Addie Sadberry, 108 Rathgeber Road, spoke against this proposed ordinance, stating that she felt there was no need for an additional business there because it would be more noise, traffic, and more safety issues. Mr. Clark explained the difference between General Commercial and Limited Commercial noting that there was quite a bit of difference. General Commercial development has quite a bit of uses some of which are automotive, alcoholic beverage sales, while Limited Commercial was designed mainly to be a buffer between general commercial and residential. Mayor commented that ultimately this property would not develop as residential; it will develop into commercial. General Commercial opens it up to a lot of uses to which the neighbors might have a legitimate objection. The answer could possibly be if we rezone it General Commercial the applicant does not have to go back to Planning and Zoning to use one of the allowed businesses and if it is zoned Limited Commercial at least it restricts it, or if we do not change it until somebody comes up with a use we would get to see the use. Councilor Hawkins informed that the area marked SF-2 was just part of the City of Wichita Falls when we voted in zoning and those houses were there in the Woodhaven Addition. This area was set aside to be commercial when Woodhaven was put in. When the City voted zoning in Wichita Falls, one of the things we did was to make everything Single Family that was not identified as a different zone. This area was set aside to be a commercial development and was not intended to be part of Single Family because we did not have zoning then. We just had deed restrictions and it was not deed restricted against businesses. Mayor stated that the only question is whether we want to look at specific uses as they come along because once we do General Commercial then we won't have another look at it. Councilor Norrie agreed adding that it is predominately Single Family and it would affect the property values of these residents. Councilor Burns mentioned the possibility of zoning it General Commercial Conditioned. Mr. Clark informed that General Commercial Conditioned has been utilized when the future development is more so known and some of the uses that are permitted in the General Commercial have been excluded for the use of the property. Councilor Williams stated that she would be more inclined to look at it as Limited Commercial. 37 Item 8b continued Mayor mentioned that this ordinance could be declined until there is a known specific use of that land and this would give the entire neighborhood an opportunity to give their input It was noted that the applicant, A.E. Probst, Jr., was not present. Councilor Burns said he would have liked to hear from the owner. Mayor stated that if we vote against it, the owner will go back to Planning & Zoning and request either another format or wait until he sells an interest in it for a specific use; we can leave him that opportunity. Motion failed by the following vote. Ayes: Councilor Hawkins Nays: Mayor Altman, Councilors Williams, Esther, Norrie, and Burns Item 8c ORDINANCE NO. 16-2003 ORDINANCE REZONING 203 POLK STREET, 2209 AND 2212 THIRD STREET, FROM SINGLE FAMILY-2 TO RIVER DEVELOPMENT DISTRICT 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. 16-2003 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d ORDINANCE NO.17-2003 ORDINANCE REZONING 801, 803, 805 & 807 AUSTIN AND 1010 NINTH STREET FROM GENERAL COMMERCIAL TO CENTRAL BUSINESS DISTRICT ZONING; 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. 17-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8e City Manager stated that the property owner, Mr. Richard Hooper, requested this item be removed from the agenda. 38 Item 9a RESOLUTION NO. 20-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 FOR THE LARGE WATER MAIN IMPROVEMENT 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 Hawkins that Resolution No. 20-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 9b City Manager stated that this item was removed from the agenda in order to obtain additional information. Item 9c RESOLUTION NO. 21-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE ELEVATOR REPLACEMENT PROJECT AND CHANGE ORDER NO. 1; 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. 21-2003 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 9d RESOLUTION NO. 22-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH MICHAEL E. KOEN ARCHITECT INC. FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE REMODELING OF FIRE STATION #2 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 Esther that Resolution No. 22-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None 39 Item 9e RESOLUTION NO. 23-2003 RESOLUTION APPROVING AN AMENDMENT TO THE FY 2002-2003 BUDGET FOR THE WICHITA FALLS (46) SALES TAX CORPORATION FOR CONSTRUCTION OF A PUBLIC SAFETY TRAINING CENTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 23-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 9f RESOLUTION NO. 24-2003 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE BOYS & GIRLS CLUB OF WICHITA FALLS FOR ONE ACRE OF LAND IN ROTARY PARK; 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.24 -2003 be passed. Motion seconded by Councilor Williams. Mayor suggested that all City leases require that lessee use the City Landfill and that the land be restored. Moved by Councilor Hawkins to amend this lease by adding the following language to the paragraphs as set out: Paragraph 9 - Add the sentence - " Lessee shall use Lessor's landfill as the exclusive site for the disposal of all solid waste from the leased premises." Paragraphs 14 &15 -Add the phrase - "and Lessee shall restore the premises to the condition that existed before such improvements were constructed". In addition, all City leases will include the above stated language. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 9q RESOLUTION NO. 25-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE RENTAL AGREEMENT FOR THE LOG CABIN AT LUCY PARK, AND REPEALING RESOLUTION NOS. 114-93, 204-95, 29-2.000 and 62- 2001; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 40 Item 9g continued Moved by Councilor Burns that Resolution No.25 -2003 be passed. Motion seconded by Councilor Williams. Moved by Mayor Altman that the following changes be made to the rental agreement. Paragraph 3 — Last sentence will read as follows: "No checks will be accepted two weeks or less before the reservation date." Paragraph 9—Add the following sentence: "Renter is responsible for compliance with all laws governing and serving or use of alcoholic beverages." Paragraph 16—Add the following sentence after the first sentence: "Attachment A lists the only acceptable address, facsimile number and email address." For consistency, the rental application form will reflect "Signature of Renter" instead of "Signature of Lessee". Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 9h RESOLUTION NO. 26-2003 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TXDOT FOR JOINT DEVELOPMENT OF A HIGHWAY ENTRANCE LANDSCAPE PROJECT BY THE POND IN THE MEDIAN OF US 82/287 AT THE EASTERN ENTRANCE TO THE CITY; 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. 26-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 9i City Manager stated that this item is being removed from the agenda in order to allow more time to contact the Burlington Railroad officials. Mayor stepped out of Council Chambers. Mayor Pro Tern Burns presided. Item 9i RESOLUTION NO. 27-2003 RESOLUTION TO AWARD OF BID FOR THE PURCHASE OF A FRONT END LOADER/BACKHOE WITH A HYDRAULIC HAMMER TO C.L. BOYD COMPANY, INC., IN THE AMOUNT OF $61,289.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 41 Item 9j continued Moved by Councilor Williams that Resolution No. 27-2003 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Mayor Altman returned to Council Chambers. Item 10a Councilor Esther asked that the demolition process of hazardous structures be explained for the television viewers. Mr. Dave Clark went over the process. Councilor Esther suggested that the Clean Community Commission and Police Department look at the possibility of improving the Sunnyside area. Councilor Williams thanked the City Staff, Council and everybody who remembered her family in the death of her mother. Councilor Williams informed that she had spoken with Mr. Darron Leiker about the stop signs and there may not be a way to change this but she asked that they keep a check on the Scott Street intersections that do not have stop signs or traffic signals. Councilor Burns informed that Channel 11 is running schedules of the Rustler's hockey games. He requested that Mr. George Casper report on scheduled events. Councilor Norrie asked for a report on the use of the ice rink at the Coliseum and also the schedule of events at the Coliseum. Councilor Norrie mentioned that the Rustlers' staff was taking video cameras from parents videotaping their children who were entertaining on the ice at halftime. He asked that this be looked into and that a policy be set regarding video cameras in the Coliseum. Councilor Burns commented that MPEC staff was also seizing video cameras at the Coliseum. He agreed that some policy should be put in place and that this be addressed with the Rustlers as well as any other party involved. Mayor informed that the MPEC Board will meet Wednesday and this will be addressed. Mayor will send Council a memo and place this item for discussion on the next Council meeting. Councilor Norrie mentioned that the Mayor had appointed a Council subcommittee to look at the YMCA contract and he thanked Mr. Jack Murphy and his staff for their assistance. Councilor Norrie asked if there was a major inconsistency between other organizations, since these contracts have not been looked at for a long period of time, and if so, do we need to take a look at some of these contracts between our parks and organizations to make sure we are being equitable? City Manager replied that it would not hurt. Mayor commented that the Council appreciates when citizens come and address items on the agenda and he encouraged citizens to continue giving their input and express their concerns to Council. Mayor informed that there is a five-minute time limit rule for speakers and he will try to be more uniform imposing that in the future, in fairness to all who appear before Council. Item 10b Mr. Scott Taylor gave a report on the cost to extend water lines to Kiel Road. He provided the following costs and what was involved to provide water to that area. To serve the Kiel Road area requires the following extensions: 12" water line extension from US 287 Expressway to Kiel Road; 12" water line extension from Wellington Lane along Kiel Road to the east to tie to an existing 20" line; 42 Item 10b continued 8" line extension along Kiel Road to the west to tie to an existing 12" line located on Huntington Lane; Cost for above extensions would be $229,000. Long term, they would propose to complete another loop extension: a 12" line extension northward along Wellington Lane between Kiel Road and Reilly Road at a cost of$235,000. Total cost for the entire proposed project is $464,000. Mr. Taylor further informed that the following areas in town also require looping: a) Bellaire Addition — 8" at $11,000; does not include additional expense for railroad b) Rivercrest & Old Seymour Road —8" at $25,000 c) Sheppard Access Road turn around — Interconnect at $11,000 d) Tinker Trail & Lucky Lane— 1500ft. extension at $45,000; this could be developer driven if that area is developed. Councilor Hawkins mentioned that the only one that does not have water is Kiel Road; the others are improvements. Mr. Taylor concurred and added that none of these projects have been proposed and are not on this year's construction list, but the one that will be looked at on next year's construction is Bellaire from the standpoint of providing them service. Some of these projects may show up next year but when projects are being proposed there may be some streets that have a long leak history that have to be relocated in order to avoid major problems. Mr. Taylor explained the Kovarik Road improvements. When the City annexed that area the City purchased an existing water system from Wichita Valley Water Supply Corporation. Their system did not meet City standards and one of the projects we did, with bond funds, was to upgrade that water system to meet City standards. That is why the Kovarik Road area was done. We also extended Wellington to U.S. 287 Expressway to provide a loop from the west side of that. We did not have a western line and in good planning, from a water distribution standpoint, every mile or so you like to have a large loop system that could feed an interior. Scott Gaston, 5945 Kiel, representative for residents of Kiel and North Wellington, stated that the cost is very extensive and there are not enough residents in the Kiel Road area to distribute the cost of having water lines installed there. He added that there is a 4" main that goes to the pump station out there, and he asked if it was possible to tie into that 4" main? Mr. Taylor replied that the City's requirement is 8" and explained the process involved. Mr. Gaston stated that their main concern is fire protection and they are not going to be able to come up with that amount of money to put in that water line. He said that the City had taken care of Kovarik Road area and he thought the City would be able to run that line over to the Kiel Road area. He thought the City should do that and provide fire protection. Fire Chief Lindsey informed that when that area was annexed the City put a fire station out there, which shortens response time. Fireplugs would be favorable but we have come up with an alternate solution where we have assigned extra engines to run to that area and we have technical information books in the trucks that tell them which is the closest water source so we can relay water. We have an adequate plan for fire fighting in the entire city. We have made special considerations and fire fighting technical plans to compensate for the lack of fireplugs. He noted that a 4" line will not supply a truck but it will supply an engine. He added that every plug is color coded so we know to what we are hooking up. He reassured Mr. Gaston that the Fire Department does have an adequate contingency plan. Mr. Gaston stated that he did not know how much these pump trucks cost, but he thought it would be less expensive to run the water main instead of having all these trucks to haul water out there. Mayor reminded Mr. Gaston that to run the water to his area would cost $464,000 and there are others in similar vicinities and everyone could come up with the same question and have the same request as Mr. Gaston. As those areas develop developers have historically put those in. When that property was purchased it was purchased at a lower rate because it did not have the infrastructure built in that somebody in the middle of town would pay for when they buy their property. I understand your plight and your neighbors have the same plight. That is a concern to us but what would cause me as a representative of the City to spend $464,000 for Kiel Road and tell one of your neighbors a mile down the road that I do not want to spend another few hundred thousand dollars to put water up for their land. How can I do that fairly? Mr. Gaston said that he keeps hearing that the water department is isolated from everything else. I read that water and sewer improvements to the Country Club came from the City budget. Mayor informed him that it does not come from property taxes. 43 Item 10b continued Mr. Taylor further explained that the Water and Sewer Fund is solely funded from charges made from water and sewer. There are two other charges on that same bill, a sanitation fund that goes to the Sanitation Department and a storm water fund that goes into Storm Water, but tax dollars are not used in the Water and Sewer Fund. Mayor further clarified that those are the fees paid by the water users. Mayor reiterated to Mr. Gaston that the City had to purchase the water system on Kovarik Road and we had to bring it up to City standards. The people that lived in the Kovarik Road area paid for the installation of that system as a part of the purchase price of their property and paid for the maintenance of it through users fees. Mr. Gaston wanted to know how the fourteen families on Kiel Road were excluded. Councilor Hawkins stated that that was not true; we have another area, Ranch Estates, that does not have water looped around it. People out there are still hauling water. If there are funds left over from the water improvement to get the City to look at Kiel Road as we did on the Wellington loop, but I do not think the Council is ready to vote to endanger this other project to provide you with water. Mr. Gaston said that their homes have been devalued because of the prison out there. There is not going to be any more residential development out there. Councilor Hawkins did not think that was a true statement because in Ranch Estates there have been eight new homes built and he hopes to see some other development out there. Councilor Hawkins clarified that when Kovarik Road was done there was money left that was dedicated to FM 367 and that did not cost as much as anticipated and that balance plus additional money from other places went to do the Wellington loop. City Manager commented regarding annexations and the City's policies in extending improvements. There were obligations that required us to run the water lines that are in the annexed areas and there was a looping situation that made the system better. I hope that if we get to the point where there is extra money that that gets looked at in terms of what does the system need. I hope that we hold on to the ideas and principles that have put us in this situation that we have guidelines as to where water lines are run and who does it. That basically is development. In Mr. Gaston's situation I see no looping potential and nothing other than a development potential if he chooses to do that. I will constantly recommend to the Council that we follow those guidelines and that we put that money where we have always put it in terms of improving the system not necessarily in doing the developers work of extending the lines. I think that excludes Mr. Gaston's project. Item 10c Appointments to the Aviation Advisory Board were deferred until the next meeting. The City Council adjourned at 12:45 p.m. PASSED AND APPROVED this _ day of 2003. q 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, February 18, 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: Reverend Terri Perkins Grant Street United Methodist Church 4. Presentations: 5. Approval of Minutes. CONSENT AGENDA 6. Receive Minutes: (a) Planning & Zoning Commission — January 8, 2003 (b) Traffic Safety Commission — January 8, 2003 (c) 4B Sales Tax Corporation — November 7, 2002 (d) Wichita Falls Park Board Meeting — January 23, 2003 (e) Wichita Falls Landmark Commission — January 23, 2003 (f) Library Advisory Board — January 28, 2003 City Council Agenda Tuesday, February 18, 2003 Page 2 REGULAR AGENDA 7. Public Hearings: A Public Hearing To Approve An Amendment To The Proposed Use Of Community Development Block Grant (CDBG) Funds In A Previously Approved Consolidated Plan. 8. Ordinances: a. Ordinance Annexing 15 Acres Of Land Out Of The M. Carbajal Survey, A-44, Wichita Falls, Wichita County, Texas, At The Request Of The Property Owner. (City Council Bill #24) b. Ordinance Amending Ordinance No. 96-2002, The Existing Gas Franchise Between The City And TXU Gas Company. (City Council Bill #25) c. Ordinance Establishing A Moratorium On The Acceptance And Consideration Of Applications For Landmark District Designation. (City Council Bill #26) d. Ordinance Amending Appendix A, Comprehensive Subdivision Regulations, Of The Code Of Ordinances. (City Council Bill #27) e. An Ordinance Calling For A General Election To Be Held May 3, 2003 Naming Polling Places And Election Officials. (City Council Bill #28) 9. Resolutions: a. Resolution Authorizing An Economic Development Incentive Agreement With Pratt And Whitney Canada As Recommended By The Wichita Falls Economic Development Corporation And Approving An Amendment To The Corporation's FY 2002-2003 Budget. Resolution (City Council Bill #29) b. Resolution To Award Bid And Contract For The Wood Memorial Park Retaining Wall Project Resolution. (City Council Bill #30) c. Resolution To Accept The 2002 Alley Rehabilitation Project And Authorize Final Payment To McGrath Brothers Concrete Co. (City Council Bill #31) City Council Agenda Tuesday, February 18, 2003 Page 3 d. Resolution To Approve An Agreement For Temporary Private Crossing With The Burlington Northern And Santa Fe Railway Company At The Cypress Water Treatment Plant. (City Council Bill #32) e. Resolution Authorizing The City Manager To Execute An Agreement With The North Central Texas Officials Association For Officiating Services For The City's Amateur Athletic Program. (City Council Bill #33) f. A Resolution Approving The Amendment To The Proposed Use Of Community Development Block Grant (CDBG) Funds In A Previously Approved Consolidated Plan. (City Council Bill #34) g. Resolution To Reject The Bids For The Cypress Water Treatment Plant Improvements Project. (City Council Bill #35) 10. Award Of Bid: Award Of Bid For The Purchase Of The City's Estimated Annual Requirement Of Meter Boxes And Lids To The Marta Company, In The Amount Of $54,924.40. 11 . Other Council Matters: a. Staff/Council Discussion. b. Discussion Of Items Of Concern To Members Of The City Council. c. Appointments To Aviation Advisory 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 City Council Agenda Tuesday, February 18, 2003 Page 4 1 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