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Min 06/17/2003 103 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 17, 2003 Item 1 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock a.m. with the following members present: Bill Altman - Mayor Johnny Burns - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons - James Esther, Jr - Michael Norrie - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Item 2 Reverend Nan Davis, Beverly Drive United Methodist Church, gave the invocation. Item 3 Mayor recognized the State 4A Doubles Tennis Champions Brenda Jackson and Emily Lee, Rider High School. Mayor presented them with a Certificate of Achievement Recognition and congratulated them for being goodwill ambassadors of our City. Their parents were present and expressed appreciation to the Council for recognition of their daughters. Mayor mentioned that Will Osborne, 4A state golf champion, was not present today but would be recognized at a future Council meeting. Mayor called on Councilor Williams for a special presentation. Councilor Williams presented Councilor Esther with some flowers on behalf of the Council in celebration of his 50'" wedding anniversary. Councilor Esther and his wife Frederica were congratulated. Councilor Hawkins noted that his grandson Christopher and his friend Carlton were in the audience. They are here from Keller and will be playing in the band for the Oil Bowl game. Councilor Hawkins informed on the Oil Bowl events for this week and encouraged everyone to attend these events. Item 4 The minutes were approved as distributed. 104 Items 5a-6b City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Hawkins requested that Item 5a be moved to the Regular Agenda. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 5a. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Items 6a-6b Minutes of the following board and commission meetings were received. a. Wichita Falls Traffic Safety Commission — May 7, 2003 b. Wichita Falls Park Board — May 22, 2003 Item 5a RESOLUTION NO.68-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE SALE OF CITY-OWNED PROPERTY AT 4318 VIEWPARK, ALSO KNOWN AS THE WEST ONE-HALF OF LOT 10, BLOCK L, CITY VIEW HEIGHTS, WICHITA FALLS, WICHITA COUNTY, TEXAS, UNDER THE TERMS OF THE CITY'S IN-FILL HOUSING PROGRAM FOR THE CONSTRUCTION OF NEW HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEED TO TRANSFER TITLE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 68-2003 be passed. Motion seconded by Councilor Ammons. Councilor Hawkins asked if we knew who the owner was since that information was not in the packet. Mr. Dave Clark replied in the affirmative, noting that the owner is an individual using the low to moderate-income program and the name has not been published. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7a ORDINANCE NO. 60-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, SUSPENDING THE EFFECTIVE DATE OF TXU GAS DISTRIBUTION'S REQUESTED RATE CHANGES TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE TXU GAS DISTRIBUTION SYSTEM TO CREATE A STEERING COMMITTEE TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; AUTHORIZING INTERVENTION IN THE PROCEEDING AT THE RAILROAD COMMISSION; REQUIRING NOTICE OF THIS ORDINANCE TO THE COMPANY; DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THISORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 105 Item 7a continued Moved by Councilor Williams that Ordinance No. 60-2003 be passed. Motion seconded by Councilor Ammons. City Attorney informed that this case was similar and different to previous cases. It is different in that they have filed a case that is statewide to adopt uniform rates throughout the state. However, last year the case included only 35 cities. We are asking for a 90-day delay in order to study this case as well as to hire consultants to review the case. This rate request is a 14% increase for residential and less than 1% for commercial. Last year the increase was 6% for residential and in 2000 there was a rate increase of 9%. Council expressed concern that TXU comes back year after year with rate increases. City Attorney informed that TXU is allowed to recover a return for their costs. If this went to uniform rates statewide, another concern would be if the rate were reflective of the investment. Councilor Hawkins suggested looking to the west instead of the Metroplex area for a coalition. City Attorney mentioned that there was a coalition forming in the Metroplex and one in the east. He felt it was very important to be covered in this case. Sam Wilkerson, TXU Representative, stated that the reason for the rate increase is because of investment capital, and added that pipe replacement is a significant investment with a high cost. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7b ORDINANCE NO. 61-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTIONS 82-62 AND 82-63 OF THE CODE TO PERMIT SALES AND POSTING OF SIGNS AND RESERVATION OF A PORTION OF THE LUCY PARK TRAIL FOR A FUNDRAISING EVENT BY THE PLACE ON DECEMBER 12 AND 13, 2003; FINDING AND DETERMINING THAT THE MEETING AT WHICH THISORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 61-2003 be passed. Motion seconded by Councilor Esther. Maureen Klein, 801 Burnett, Director of The Place, spoke in favor of this ordinance and provided information on the event. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8a RESOLUTION NO. 69-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CORNERSTONE ENGINEERING, L.L.P., FOR ENGINEERING SERVICES FOR THE DESIGN OF THE OLD IOWA PARK ROAD SEWER INTERCEPTOR PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 106 Item 8a continued Moved by Councilor Williams that Resolution No. 69-2003 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 8b RESOLUTION NO. 70-2003 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 4706 LAKE SHORE DRIVE FOR A BUILDING THAT ENCROACHES APPROXIMATELY 0.3 FEET (3.6 INCHES) AT THE NORTH CORNER AND 0.4 FEET (4.8 INCHES) AT THE SOUTH CORNER, FOR A TOTAL OF 79.95 SQUARE FEET, INTO A 7.5 FOOT WIDE UTILITY EASEMENT; 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. 70-2003 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 Item 8c RESOLUTION NO. 71-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE AND ERECTION OF A FORTY- EIGHT (48) FOOT OCTAGONAL PICNIC SHELTER TO HUNTER-KNEPSHIELD IN THE AMOUNT OF $56,665.00; 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. 71-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9a Councilor Esther expressed appreciation to the Council for the flowers. Councilor Esther asked that staff look at the water standing on New Haven Street to see what can be done about it. He thanked Mr. Scott Taylor and his department for the repairs done on that street. r r r Councilor Esther mentioned the Heritage Center grand opening at Sheppard Air Force Base and the air show, stating that he had enjoyed it and the City was well represented. He thanked the staff for their participation. 107 Item 9a continued Councilor Hawkins referred to the MPEC sign along 1-44 and suggested that it be turned off when we have electrical storms because it is like a big lightening rod. City Manager will look into this. Councilor Hawkins suggested that City trucks be sent out after large storms have occurred to pick up the extra debris, like trees and limbs that had been piled up and set out by citizens on the sidewalks. City Manager informed that where debris is blocking or if it is a safety issue we send crews out but we have not been on private property anymore than we have to. Mr. Scott Taylor stated that there are no current plans to do that but if Council deems that it needs to be done we will put a crew together and do that, but I recommend that this be a one time only deal and not a permanent action. Councilor Williams mentioned a citizen who called the City about some debris on the street and a police officer came and pulled it onto private property and she is now being asked to pay for it being removed. Councilor Williams wants to make sure that this person is not charged since we pulled it onto her property. She will give the details to City Manager to check into this. Councilor Esther suggested using a portable chipper to grind the yard debris on location. Mr. Scott Taylor informed that a chipper is used for tree debris, but it is set up as permanent equipment at the landfill. Councilor Hawkins and Councilor Esther suggested that staff look into using it as portable. Councilor Hawkins suggested that the MPEC sign be checked for the length of time a message is left on the MPEC electrical sign. He said that a message should not be left longer than fifteen seconds because it is a traffic hazard. City Manager will look into this. Councilor Hawkins thanked the City of Wichita Falls and its citizens who showed up for the Heritage Center dedication at S.A.F.B. He mentioned that Heritage Center commemorative coins are being sold. Councilor Williams said that the Heritage Center is going to be a plus for our City. She informed that they plan to install a MIA/POW monument out there and will also coin a commemorative coin for that. We feel very good about serving on the committee that worked on that project. She encouraged the public to tour the Center. Councilor Williams asked that Staff check Front Street under the railroad for needed repairs. It is very treacherous. Mr. Scott Taylor will look into this. Councilor Williams thanked Chief Coughlin for allowing some of his officers to participate in the neighborhood meetings held at the Boys and Girls Club on eastside. She also thanked him for stepping up patrols out there. She asked that they continue their participation and efforts on the eastside. Crime is everywhere not only in one area, and she invited the entire City to get involved in these meetings because what affects one affects all. Someone may have additional information to share that would be helpful. The dates and times of the meetings are publicized in the Times Record News the weekend before the meeting. Councilor Esther asked Staff to look at the drainage ditch located at 2713 Roanoke, it has water back in it. Mr. Scott Taylor will have that checked. Councilor Ammons informed that our sales tax was up by almost 2%. Councilor Ammons mentioned the Landmark historic designation ordinance and asked that the Mayor inform the public why that was removed from this agenda. Councilor Burns reminded the citizens about the Oil Bowl game this weekend. He said that he was not a member of the Maskat Shrine but he could not imagine the work and time put into this event for a cause that could not be a better one. Our community needs to support that event so we can continue to have such an event here in Wichita Falls. Councilor Burns thanked everyone that was involved in the event at Sheppard Air Force Base. It was an incredible turn out. Our Base is something to be very proud of. He thanked everyone at Sheppard Air Force Base and citizens who turned out for that event. The Heritage Center was great and the Community Band did an outstanding job. He mentioned that the Community Band is looking for a place to practice on a regular basis and he asked the City Manager as well as any interested person to check to see if there is some place for them to practice. 108 Item 9a continued Councilor Burns asked Mr. Darron Leiker to check into the over-hanging limbs at Kell East and Taft. They are a traffic hazard. Councilor Norrie asked that Staff look into whose responsibility it is to clean up the pond behind American National Bank. Mr. Scott Taylor informed that part of it was private property and part was a drainage channel, but he will look into it. Councilor Norrie mentioned that there had been numerous burglaries and small thefts on the Jacksboro Highway area and wanted to know what action had been taken out there. Councilor Norrie was concerned, for health reasons, about the standing water behind the Wal-Mart on Lawrence Road. Mr. Scott Taylor informed that it was a wetlands area and federal law prohibits draining it, and there is a detention area back there as well. Councilor Norrie suggested the possibility of Health treating the area for mosquitoes. Councilor Norrie informed that Howard Ferrell spoke with him and others regarding what the City can do to help them with the entrance or some of the roads around Midwestern State University. He mentioned that Council had previously talked about paving Hampstead in front of the University. I would hate for the City to spend a lot of money to repave and then have the University spend a lot of money to take that and do whatever modifications they want. I am asking for coordination to make sure that if the City and the University spend money it can all go towards the same goal; to have input both ways. City Manager stated that we are still hearing comments to take out the light and put back the 4-way stop at Taft and Hampstead. If any money is spent out there on widening roads it should be Taft going north of that intersection. We have the right of way and if you could get a turn lane in there you could do twice as good as widening Hampstead. Councilor Norrie mentioned that that road is scheduled for repaving and it would be nice to have coordination with the University on their plans. Mayor stated that the University has not come back with their master plan but they are looking at all that in a comprehensive plan. Councilor Norrie asked that Staff check into reducing the speed limit from 40 mph to 35 mph on Midwestern Parkway around the University. The University is beginning to develop south of Midwestern and possibly putting up dorms there and they would like to have the speed reduced slightly. There is so much pedestrian traffic on the sidewalks around the University. He asked Staff to look at that again. Mayor commented that that was one of the things he discussed with the planners and Midwestern does have that interest. We have done the traffic studies that indicated that reduction of speed was not justified, from the Manual standpoint. The planners agreed that ultimately they will have to have an overhead crosswalk at that intersection, and when they come back with their plan, if an overhead crosswalk is programmed in their plan, we could work out a transition where we could reduce the speed for a limited time. They are looking into that and will get back with us. Mayor asked that Chief Coughlin give a presentation of the Citizens Police Academy. He mentioned that one of the things they are doing is selling discount cards to raise funds for things they need that are not budgeted. Mayor encouraged everyone to support them by purchasing these discount cards. Mayor mentioned the two different lake level percentages given by the Times Record News and the City Channel, and he asked Mr. Scott Taylor to check the calculations. Mayor informed that there would be some information on the City Channel about the Heritage Center. Mayor asked the City Attorney to report on what action, if any, was done to the potential forfeiture actions that Council discussed about a month ago regarding rental property or other property that was repetitively used for illegal purposes and using the civil laws to try to take some action. Mayor informed that the Landmark Ordinance had been postponed for further review because the City Manager and the Mayor had quite a few questions and the Mayor felt that the wording was very vague in certain areas. He does not want to get into a situation where someone is enforcing the ordinance improperly. In an effort to prevent a two or three hour discussion in critique in front of the council the Mayor appointed a Council committee of Councilor Norrie, Councilor Hawkins and himself. The Council committee will meet with the Landmark Commission and City Manager to go over some of the areas of concern and to straighten up some of the 109 Item 9a continued wording. The Landmark ordinance will be placed on the Council agenda the first or second meeting in July. Item 9b City Manager stated that his concern with the Landmark Ordinance was that there would be a three or four hour discussion and possibly being tabled because of some of the confused areas. I think these areas could be worked out before it is taken to Council and I made the decision not to have it on this agenda but placed on a following agenda. I think this will facilitate its passage. Mr. Scott Taylor informed that bids would be opened on the Faith Village Drainage Project and the Micro-Filtration Project this month. Mr. Scott Taylor informed on the Times Record News and City's percentage difference regarding the lake levels, noting that storage curves used is the difference. Mr. Scott Taylor reported that bids were opened for the Street Overlay Project and they came in under bid and we will have approximately $400,000 left. Mr. Taylor will submit a proposal to the City Manager for the use of those funds. Councilor Norrie asked for a report on the watering regulations and asked for regulations, if any, for wells. Mr. Scott Taylor informed that persons with water wells are not required to comply with watering restrictions, but they have to show proof it is their own well. He listed the watering regulations. Chief Coughlin invited Council to tour the impound lot this morning since it was a short Council meeting. Councilor Williams asked for a report reminding citizens about the ordinance preventing parking on the grass. City Manager stated that a report would be presented at the next meeting. City Attorney reported on the forfeiture property issue that was mentioned by the Mayor. Councilor Hawkins commented that vehicles parked for a long time can be checked for current sticker and license. Chief Coughlin concurred stating that if vehicles are disabled, they will be tagged, checked within 48-72 hours and if nothing has been done, the vehicle will be towed. If a vehicle is licensed, tagged properly, and is operational, it can be there for an unlimited amount of time City Manager mentioned that the Council subcommittee on outside agencies would be meeting tomorrow morning. Mayor referred to picking up yard debris and suggested using a triggering mechanism to allow the City the pick up of that debris after significant storms in the City. Councilor Hawkins suggested looking at using a mobile grinder to grind debris on the spot. Mr. Scott Taylor will look into that. Item 10 Kelly Hall, 4223 Faith Road, requested a waiver for curb and gutter at 521 Rathgeber Road. Mayor informed Mrs. Hall that she would be notified by mail if this will be on a future Council agenda. Councilor Hawkins informed her that by law Council cannot discuss items that have not been placed on the agenda. 110 The City Council adjourned at 10:02 a.m. PASSED AND APPROVED this _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 17, 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: Beverly Drive United Methodist Church Reverend Nan Davis 3. Presentations: 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Authorizing The Sale of City-Owned Property At 4318 Viewpark For Development Under The City's In-Fill Housing Program And Authorizing The City Manager To Execute The Deed To Transfer Title. (City Council Bill #140) 6. Receive Minutes: a. Wichita Falls Traffic Safety Commission — May 7, 2003 b. Wichita Falls Park Board — May 22, 2003 REGULAR AGENDA 7. Ordinances: a. Ordinance Suspending The Effective Date Of TXU Gas Distribution's Requested Rate Changes To Permit The City Time To Study The Request And To Establish Reasonable City Council Agenda Tuesday, June 17, 2003 Page 2 Rates; Approving Cooperation With Other Cities Within The TXU Gas Distribution System To Create A Steering Committee To Hire Legal And Consulting Services And To Negotiate With The Company And Direct Any Necessary Litigation; Requiring Reimbursement Of Cities' Rate Case Expenses; Authorizing Intervention In The Proceeding At The Railroad Commission; Requiring Notice Of This Ordinance To The Company. (City Council Bill #141) b. Ordinance Waiving Sections 82-62 And 82-63 Of The Code Of Ordinances To Permit Sales And Posting Of Signs, And Reservation Of The Lucy Park Trail For A Fundraising Event By The Place On December 12 And 13, 2003. (City Council Bill #142) 8. Resolutions: a. Resolution Approving And Authorizing The City Manager To Execute A Contract With Cornerstone Engineering, L.L.P., For Engineering Services For The Design Of The Old Iowa Park Road Sewer Interceptor Project. (City Council Bill #143) b. Resolution Authorizing The City Manager To Execute An Encroachment Agreement With The Owners Of 4706 Lake Shore Drive For A Building That Encroaches Approximately 0.3 Feet (3.6 Inches) At The North Corner And 0.4 Feet (4.8 Inches) At The South Corner, For A Total Of 79.95 Square Feet, Into A 7.5 Foot Wide Utility Easement. (City Council Bill #144) c. Resolution Authorizing Award Of Bid For Furnishing And Erecting A Public Picnic Shelter At Lamar Park. (City Council Bill #145) 9. 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 17, 2003 Page 3 10. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. RESUME TELEVISED SEGMENT 11 . 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