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Min 06/03/2003 91 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 3, 2003 Item 1 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers 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 Dr. Robert Jeffress, First Baptist Church, gave the invocation. Item 3 Mr. John McClosky, Municipal Court Warrant Officer, was recognized as employee of the month for June 2003. Mayor presented Officer McClosky with a plaque, City pin, check, dinner for two, and golf passes. Mayor proclaimed the week of June 1-7, 2003 as "Relay for Life Week" and urged citizens to participate in relay activities. American Cancer Society representatives accepted the proclamation and invited everyone to participate and support the Relay for Life event. Item 4 The Minutes of May 20, 2003 were approved as distributed. Item 5 City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda 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 92 Item 5a RESOLUTION NO.60-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE LARGE WATER MAIN IMPROVEMENT PROJECT AND AUTHORIZING FINAL PAYMENT TO WICHITA CONTRACTORS, INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5b RESOLUTION NO. 61-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE WOOD MEMORIAL PARK RETAINING WALL PROJECT AND AUTHORIZING FINAL PAYMENT TO A&A CONSTRUCTION CO.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 6a-6d Minutes of the following commission meetings were received. a. Wichita Falls Board of Adjustment— May 21, 2003 b. Wichita Falls Planning and Zoning Commission — May 14, 2003 c. Wichita Falls Economic Development Corporation — February 14, 2003 d. Wichita Falls Economic Development Corporation — February 3, 2003 Upon request from Councilor Norrie, Mayor moved item 9e out of order to be considered at this time. Item 9e RESOLUTION NO. 66-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE OWNERS OF 2201 ELLINGHAM DRIVE FOR A FENCE THAT ENCROACHES 4.7 FEET INTO THE STREET RIGHT-OF-WAY FOR A DISTANCE OF 130.8 FEET; 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. 66-2003 be passed. Motion seconded by Councilor Norrie. Mr. Dave Clark informed that the property owner was requesting an encroachment agreement because his fence was constructed over City property. He had an appraisal performed on the property to determine the cost for this encroachment agreement and those funds have been placed on deposit with the City. Councilor Williams asked when the fence had been installed. Mr. Dave Clark replied that it had been about three months ago, however, the City does not issue fence permit so that is not necessarily something we would have known about. Mr. Clark mentioned that the property owner plans to make additional improvements in his backyard. Jeff Lemley, 2201 Ellingham, property owner, informed that he had a fence contractor enlarge their fence area several years ago. In conjunction with the fence-building project he said he had also purchased property from his neighbor behind him, and in order to do that he had to obtain a survey and appraisals. He left the fence project to the contractor, however, he was not aware until recently that part of the fence was not on his property. He stated that the fence contractor did a great job on the project but he did not put the fence on his property entirely. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins 93 Item 9e 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. Mr. Dave Clark informed that at a previous Council meeting they had reallocated and reprogrammed some funds available from some uncompleted projects, and in doing so an incorrect figure was utilized. Subsequently, we are doing an additional reallocation, which will reduce the Rental Rehabilitation Project and the Lead Hazard Reduction Program by a total amount of $77,000.00. The Rental Rehabilitation Project still has $55,000 and the Lead Hazard Reduction Program has $35,000. This reallocation will not affect these two programs. City Manager stated that the outside agencies will be meeting within the next couple of weeks and he hopes to bring Council more project-oriented projects rather than this type of project. I am really going to review it this year, looking at balances, and taking a hard look at these funds going into construction projects. Councilor Hawkins explained that this is not being used as a reserve account. We have to have the funds available in the event a citizen wants to do a rehab project or if we find some apartments or houses that need lead base rehab. City Manager mentioned that the federal requirements are getting so onerous that people will not take either these loans or other conditions attached to their property to fix the problem that a lot of them don't think they have. Mr. Clark informed that the Lead Hazard Reduction Program amount has been used for such things as training for lead based abatement and control, and for minor repair projects. There has been approximately $36,000 used in this program. Councilor Williams asked if the lack of utilization of this program was caused by lack of information made available to the public. Mr. Clark replied that this was set up as a three-year program and we are into our second year. More recently we had a publication printed in the Falls Focus and it has caused a flurry of interest. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 52-2003 ORDINANCE AUTHORIZING THE POLICE DEPARTMENT TO USE $12,060.00 FROM THE POLICE DEPARTMENT FORFEITURE FUND TO PURCHASE AN AUDIO UPGRADE PACKAGE FOR 36 VIDEO CAMERA UNITS DISTRIBUTEDBY THE STATE OF TEXAS AS PROVIDED IN SENATE BILL 1074 -- RACIAL PROFILING AND AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE AN UPGRADE TO THE IMAGING SYSTEM TO ALLOW FOR THE STORAGE OF 150,000 COPIES PER MONTH ALSO FROM FORFEITED FUNDS; 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. 52-2003 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 94 Item 8b ORDINANCE NO. 53-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 26, BUSINESS REGULATIONS, AT ARTICLE Vlll, WRECKER BUSINESSES; 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. 53-2003 be passed. Motion seconded by Councilor Burns. Mayor asked what the difference was between a permit and a contract vehicle. Chief Coughlin replied that they would have to be on contract for police pulls; basically everyone that is on the rotation list now will be the ones that will actually be contracted. The others will be dealing with all the other wreckers in town that are not on police pulls. Following a lengthy discussion, clarifications, and corrections, the following amendments were made. Moved by Councilor Norrie to amend Section 26-760 (b) (9) by deleting the phrase "for police pulls". That item would read: "(9) For each wrecker the applicant intends to utilize:". Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Councilor Norrie stepped out of Council Chambers. Moved by Councilor Burns to amend Section 26-765 (d) to read as follows: "Each permit and contract shall expire at 12:00 midnight on September 30" and will be renewable only upon compliance with this article and any other applicable laws, ordinances or regulations in effect at the time of the renewal application. Any person seeking a renewal of a permit and/or contract for the next calendar year may apply for renewal between August 15 and September 15. Renewed permits and contracts shall become effective October 1. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Councilor Norrie returned to Council Chambers. Moved By Councilor Ammons to amend Section 26-767 (b) by replacing the word "dispatch" with the word "arrival". That sentence would read, "The extra charge shall begin one hour from the time of arrival." Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Esther to amend Section 26-767 (b) by removing the phrase "for light duty wreckers". That sentence would read: "An additional $20.00 per hour may be charged if the vehicle to be towed is located in some unusual condition, such as but not limited to a river or a creek bed or a ditch of greater depth than an ordinary bar ditch." Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 95 Item 8b continued Moved by Councilor Norrie to amend section 26-768 (c) by deleting the word "physically" in the first sentence. That sentence would read "If the owner of a vehicle is unable to designate a permit holder to remove the vehicle or he fails or refuses to designate one or has no preference, the police officer shall communicate that fact immediately to the police communications center or its authorized agent." Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Councilor Hawkins stepped out of Council Chambers. Moved by Councilor Burns to amend Section 26-769 (b) by retaining the word "notice" and adding the following sentence to the end of the paragraph: "Notice as used in this paragraph means the mailing of a notice by Certified Mail Return Receipt Requested." Motion seconded by Mayor and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Councilor Hawkins returned to Council Chambers. Main Motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8c ORDINANCE NO. 54-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES, APPENDIX B, ZONING ORDINANCE, AT SECTION 5420 SUBSECTION 5, REGARDING TEMPORARY SALES OF ALCOHOLIC BEVERAGES, AND AT SECTION 5430 REGARDING ALCOHOLIC BEVERAGE SALES NEAR CHURCHES, HOSPITALS AND SCHOOLS; 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. 54-2003 be passed. Motion seconded by Councilor Esther. Mayor mentioned that the Board of Adjustments can allow variances under Section D. He asked how that is currently done. Mr. Dave Clark replied that the Council currently approves those waivers. Mayor stated that the question was whether Council wanted to have the Board of Adjustments handle the waivers relating to distances for alcoholic beverages or have Council retain that authority. Council consensus was to have appeals come before Council. Moved by Councilor Hawkins to amend proposed ordinance by striking paragraph D. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. 96 Item 8c continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None City Council recessed at 10:10 a.m. and reconvened at 10:30 a.m. Item 8d ORDINANCE NO. 55-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 2513 AND 2515 BUCHANAN STREET FROM SINGLE FAMILY-2 TO LIMITED COMMERCIAL ZONING AND AMENDING 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. 55-2003 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 Item 8e ORDINANCE NO. 56-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL RYAN WHITE TITLE II GRANT FUNDING RECEIVED FROM TARRANT COUNTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 56-2003 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 Item 8f ORDINANCE NO. 57-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 82-68 OF THE CODE OF ORDINANCES TO PERMIT CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE SUMMER CONCERT SERIES TUESDAY EVENINGS IN LUCY PARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 57-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. 97 Item 8f continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8g ORDINANCE NO. 58-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTIONS 82-62 AND 82-63 OF THE CODE OF ORDINANCES TO PERMIT SALES AND POSTING OF SIGNS FOR A FUND RAISING WALKING EVENT BY THE JUVENILE DIABETES RESEARCH FOUNDATION IN LUCY PARK OCTOBER 19, 2003; 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. 58-2003 be passed. Motion seconded by Councilor Esther. Moved by Councilor Hawkins that proposed ordinance be amended by replacing the word "conduct" with the word "collect" and striking the original word "collect" in the second whereas paragraph. The sentence would read as follows: "Whereas, they believe they will be more successful if they are permitted to post signs and collect admissions and donations; and". Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8h ORDINANCE NO. 59-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 82-63 AND 82-58 OF THE CODE OF ORDINANCES TO PERMIT POSTING OF SIGNS AND DRIVING VEHICLES ON THE GRASS DURING AN EVENT BY THE WF RADIO CONTROL CLUB SEPTEMBER 27 AND 28, 2003 IN LAKE WICHITA PARK; 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. 59-2003 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 Item 8i A proposed ordinance was presented waiving sections 82-62 and 82-63 of the Code to permit sales and posting of signs and reservation of the Lucy Park Trail on the east side of the park for a fund raising event by The Place on December 12 98 Item 8i continued and 13, 2003. Moved by Councilor Ammons that proposed ordinance be passed. Motion seconded by Councilor Williams. Mayor stated that the wording is not specific and the area needs to be defined. He suggested providing a map of the area. City Attorney commented that it would be good practice to include maps with these waivers. Moved by Councilor Norrie to table this item for clarification and a copy of a map of the area. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9a RESOLUTION NO. 62-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, 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 Williams that Resolution No. 62-2003 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 9b RESOLUTION NO. 63-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE HILLCREST DRAINAGE IMPROVEMENT PROJECT (CDBG); 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.63-2003 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 99 Item 9c RESOLUTION NO. 64-2003 RESOLUTION TO AWARD BID AND CONTRACT FOR THE WATER INTRUSION PROJECT (POLICE DEPARTMENT); 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. 64-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Ammons, Norrie, Burns, and Hawkins Nays: None Item 9d RESOLUTION NO. 65-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS ON BEHALF OF THE CITY OF WICHITA FALLS FOR HEAVY DUTY AND LIGHT DUTY TOW TRUCK SERVICES; 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. 65-2003 be passed. Motion seconded by Councilor Ammons. Moved by Councilor Ammons to amend Section A. 2(c) under Compensation by replacing the word "reviewed" with the word "approved" in the next to the last sentence. The sentence will read as follows: "The charges for such extra work shall be approved by the Technical Services Coordinator." Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Burns to amend Section 3.c. under Insurance Requirements by changing the word "insurer" to "insured". Phrase would read: "To cover the City as an additional insured on liability insurance policies, except for employer's liability; and". Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Moved by councilor Ammons to amend Section 2 under Insurance Requirements by replacing the word "liability" with "permit". Sentence would read: "This coverage shall include all vehicles owned or non-owned that are operating under Company's operating permit." Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 100 Item 9f This item was deferred until after executive session and will be considered under Item 13. Item 10a Councilor Ammons asked Staff to look into changing the use of"Jake-brakes" in the City. Councilor Ammons mentioned a citizen's call regarding a ticket she received from the City for not mowing the easement behind her house. The lady was out of town for a month and left someone in charge of mowing. Councilor Hawkins mentioned that no notices are sent out. Mr. Clark informed that notices are sent out but staff does not send out repeat notices. Mayor stated that if Councilor Ammons wants to have Council consider this she will have to place it on the agenda. Councilor Norrie asked about the information regarding the water rate paid by the Soccer Association in comparison to the Wichita Falls Independent School District. City Manager informed that he did not know if the WFISD was benefiting from a reduced rate but they cannot pass that along to sub-users, so the Soccer Association is paying regular rates. Assistant City Manager Matt Benoit informed that there is no reduced government rate offered to the W.F.I.S.D but they benefit from the commercial charge because of their usage. Councilor Norrie stated that one of the issues they were looking at was the fact that soccer fields are on ISD property. Assistant City Manager Matt Benoit informed that they are separate users and are using separate meters. Councilor Norrie asked if this had been looked at for these types of non-profit organizations. City Manager replied that it had been discussed, as well as by the bond covenants, and in issuing debt on the service you are basically eliminating the unusual rates for different users. Councilor Norrie asked Mr. Taylor about the citizen's letter regarding grease backup in a residence. Mr. Taylor said that they are in the review process of cleaning that and will have a report to Council within the next week. Councilor Williams asked that whatever is done, that it apply uniformly to everyone under similar circumstances. Councilor Norrie congratulated Brad and Sue Ann Altman who had their second baby, John William. Councilor Norrie mentioned another of the Mayor's grandsons, Chase, who is having some difficulty. We need to keep the Altman family and Chase in our thoughts and prayers. Councilor Esther asked that Council consider extending council term limits from three two year terms to two three year terms. Councilor Esther mentioned the grass and asked that certain areas be maintained in the best order of beautification, such as MPEC and hotels. He asked that Staff contact the appropriate persons to maintain the area around Maurine Street. Councilor Hawkins asked Council to consider a Charter amendment to require a majority vote instead of plurality vote in City elections. Councilor Hawkins asked the City Manager if he had heard anything about the U.R.H.C.S. Eighth Street Campus closing down. He was concerned because it is a City facility and the City is responsible for it. Mayor said that he and Councilor Norrie serve on that board and there have not been any discussions in that regard. Councilor Williams commented that they have refocused on women and children by increasing the pediatric unit to state of the art. Councilor Norrie commented that they have made that campus a woman and children's hospital, but they do have extra space and they have made an agreement for long term care to generate revenue, but no plans to close the campus. Councilor Williams congratulated Eastside Boys and Girls Club for completing a reading program and had about 45 participants. In conjunction with that she thanked Papa Johns for donating pizzas for the participants plus the adults who were participating. The program aspect was funded by the Weed & Seed Program. Councilor Williams thanked Councilor Burns for the "Don't Mess With Texas" billboard in conjunction with the campaign to keep Texas beautiful. 101 Item 10a continued Councilor Hawkins said that there is a problem with the drip system on Missile Road and asked Staff to look into that. He suggested that it be relocated on the uphill side in order to prevent it from running as bad into the street. Councilor Burns announced that the Oil Bowl football game would be June 21 at Memorial Stadium and the basketball would be June 22. Mayor asked the City Clerk to place a list of the Council board/commission liaisons and subcommittees in Council boxes, and he asked the Council to contact him with any changes they would like to make to that list. Item 10b Mr. George Casper, MPEC Executive Director, gave a presentation on the state of affairs of the Multi-Purpose Events Center. Mayor announced that this would end the televised segment. Item 11 David Brock, 1819 Hines, complained about the vehicle stolen from his property. Item 12 City Council went into Executive Session at 12:38 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 12:44 p. m. The televised segment of the meeting resumed. Mayor announced that no votes were taken in executive session. Items 9f and 13 RESOLUTION NO. 67-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPOINTING ONE MEMBER TO SERVE ON THE WICHITA APPRAISAL DISTRICT BOARD OF DIRECTORS; 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. 66-2003 be passed by inserting the name of Kimberly George with term to expire December 31, 2004. Mrs. George will be in Place 7, formerly held by Mr. Larry Scott. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None The City Council adjourned at 12:48 p.m. 102 PASSED AND APPROVED this r day of 2003. 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, June 3, 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. Invocation: First Baptist Church Dr. Robert Jeffress 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Accepting The Large Water Main Improvement Project And Authorizing Final Payment To Wichita Contractors, Inc. (City Council Bill #123) b. Resolution Accepting The Wood Memorial Park Retaining Wall Project And Authorizing Final Payment To A&A Construction Co. (City Council Bill #124) 6. Receive Minutes: a. Wichita Falls Board Of Adjustment — May 21 , 2003 b. Wichita Falls Planning & Zoning Commission — May 14, 2003 c. Wichita Falls Economic Development Corporation — February 14, 2003 d. Wichita Falls Economic Development Corporation — February 3, 2003 City Council Agenda Tuesday, June 3, 2003 Page 2 REGULAR AGENDA 7. 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 Authorizing The Police Department To Use Forfeited Funds To Purchase An Audio Upgrade Package For Mobile Video Camera Units And To Upgrade The Department's Imaging System To Allow For 150,000 Copies Per Month. (City Council Bill #125) b. Ordinance Amending Chapter 26, Business Regulations, At Article VIII, Wrecker Businesses. (City Council Bill #126) c. Ordinance Amending Appendix B, Sections 5420 And 5430 Of The Zoning Ordinance Regarding Temporary Sales Of Alcoholic Beverages, And Sales Of Alcoholic Beverages Near Churches, Hospitals And Schools. (City Council Bill # 127) d. Ordinance Rezoning 2513 and 2515 Buchanan Street from Single Family-2 to Limited Commercial Zoning And Amending The Comprehensive Plan. (City Council Bill #128) e. Ordinance Making Appropriation To The Special Revenue Fund For Additional Ryan White Title II Grant Funding In The Amount Of $222,006 Received From Tarrant County And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #129) f. Ordinance Waiving Section 82-68 Of The Code Of Ordinances To Permit Consumption Of Alcoholic Beverages At The Summer Concert Series Tuesday Evenings In Lucy Park. (City Council Bill #130) g. Ordinance Waiving Sections 82-62 And 82-63 Of The Code Of Ordinances To Permit Sales And Posting Of Signs For A Fund Raising Walking Event By The Juvenile Diabetes Research Foundation In Lucy Park October 19, 2003. (City Council Bill #131) h. Ordinance Waiving Sections 82-63 And 82-58 Of The Code Of Ordinances To Permit Posting Of Signs And Driving City Council Agenda Tuesday, June 3, 2003 Page 3 Vehicles On The Grass During An Event By The Wichita Falls Radio Control Club September 27 And 28, 2003, In Lake Wichita Park. (City Council Bill #132) i. Ordinance Waiving Section 82-62 And 82-63 Of The Code Of Ordinances To Permit Sales And Posting Of Signs And Reservation Of The Lucy Park Trail On The East Side Of The Park For A Fund Raising Event By The Place December 12 And 13, 2003. (City Council Bill #133) 9. Resolutions: a. 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 #134) b. Resolution Awarding Bid And Contract For The Hillcrest Drainage Improvement Project (CDBG) CWF 03-204-10. (City Council Bill #135) c. Resolution To Award Bid And Contract For The Water Intrusion Project (Police Department) CWF 03-100-21 . (City Council Bill #136) d. Resolution Authorizing The City Manager To Execute Contracts For Tow Truck Services. (City Council Bill #137) e. Resolution Authorizing The City Manager To Execute An Encroachment Agreement With The Owners Of 2201 Ellingham Drive For A Fence That Encroaches The Street Right-Of-Way At The Southwest Corner Of Ellingham And Its Intersection With Martin Boulevard. (City Council Bill #138) f. Resolution Appointing One Member To Serve On The Wichita Appraisal District Board Of Directors. (City Council Bill #139) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. End Of Televised Segment City Council Agenda Tuesday, June 3, 2003 Page 4 11 . Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. 12. Executive Session: a. Consider Appointments To The Wichita Appraisal District As Authorized By Section 551.074 Of The Texas Government Code. RESUME TELEVISED SEGMENT 13. Resolution Appointing One Member To Serve On The Wichita Appraisal District Board. (Council Bill # 139) 14. 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