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Min 07/15/2003 123 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 15, 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 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 Johnny Burns - Absent Mayor called the meeting to order. Item 2 Pastor Brian Saunders, Floral Heights Assembly of God, gave the invocation. Mayor informed that several items would be taken out of order. Item 10a was considered at this time. Item 10a Mayor introduced State Representative David Farabee and expressed appreciation to Representative Farabee for all his hard work and the time he spends away from his family and his home to be in Austin representing us. Representative Farabee reported on the recent legislative session and the major issues passed during this last session. He gave a quick recap of the time lines under which the legislative process works. He informed that out of 1600 bills filed 1400 were adopted. The Legislature is currently in special session. Representative Farabee noted that other issues besides redistricting were being addressed during the special session. Mayor thanked Representative Farabee for his willingness and his staffs help when he calls about legislative matters dealing with the City. Council asked several questions regarding H.B. 1606 the Ethics Bill and H.B. 2292. q 9 9 , Representative Farabee explained the situation relating to these bills, the outcome and future plans. Mayor thanked Representative Farabee for serving the City of Wichita Falls, noting that it was a sacrifice, and his time and talent were appreciated. Representative Farabee thanked the Council for all the work they are doing. He stated that it was an honor to serve as our Representative. 124 Item 3 Mayor recognized General George Rooney and Brigadier General Select Ralph Jodice. Brigadier General Select Jodice presented the Mayor with a signed photograph of the Thunderbirds flying over the monument of the Wright Brothers in Kitty Hawk, North Carolina. He thanked the City of Wichita Falls for supporting Sheppard Air Force Base during their special events and in their every day activities. General Rooney mentioned that in celebration of 100 years of flight and the pivotal role that the City has played, he is presenting the City of Wichita Falls with a replica of the Wright Flyer. General Rooney provided information on the Little Adobe at the Heritage Center mentioning that tours are available and invited everyone to tour the Heritage Center. General Rooney thanked the City for the role it has played in helping S.A.F.B. Mayor stated that there is a filling of exhilaration when you visit and tour S.A.F.B. when you see what they are doing and how they function out there. It is a real thrill. We appreciate the cooperation and relationship we have with the Base. We look forward to continuing to work with them. General Rooney mentioned that it was essential to have a good relationship with the community. Mayor and Councilor Ammons recognized the 2003 high school and college graduates and their parents who are City employees. The graduates were presented with a gift and certificate of recognition. Mayor recognized Robbie Smith, Tommy Smith and Jerry Malone, Boy Scouts who were in attendance and working on their merit badges. Items 9e and 9f were taken out of order and considered at this time. Mayor informed that Councilor Burns was out of town on business today. Mayor stated that because this resolution deals with some property owned partly by a corporation in which he has stock, he will have to disqualify himself. He added that he has not been involved in the site selection nor negotiations of the purchase, and he has absented himself from the process totally as far as any input or taking any position. Mayor informed that according to the Council Rules of Procedure when the Mayor and Mayor Pro Tern are absent or disqualified, the City Clerk will preside over the nomination of electing a temporary presiding officer. Mayor turned the meeting over to City Clerk Lydia Torres. Mayor stepped out of Council Chambers. City Clerk called for nominations for a temporary presiding officer. Moved by Councilor Norrie that Councilor Williams be appointed Temporary Presiding Officer. Motion seconded by Councilor Ammons. City Clerk called for additional nominations. There being none the vote was taken. Motion carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Norrie and Hawkins Nays: None City Clerk turned the meeting over to Temporary Presiding Officer Williams. 125 Item 9e RESOLUTION NO. 83-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONSIDERING AN AMENDMENT TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION'S FISCAL YEAR 2002-2003 BUDGET FOR THE PURPOSE OF DEVELOPING A BUSINESS 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 Esther that Resolution No. 83-2003 be passed. Motion seconded by Councilor Ammons. City Manager commented that the 4A Economic Development Sales Tax Board has recommended that certain parcels of land be acquired and that initial development steps be taken to develop that land so that it becomes a focal point to serve as an attraction to bring industry or to help local industry expand their business in this community. Several hundred acres have been identified as the prime location to create a business industrial park that will serve this community for many years. Bo Stahler, 4A Board Vice President, informed that the Board has spent some time with the Industrial Committee trying to come up with a plan to take Wichita Falls to the next level in terms of industrial development. We feel like this is an effort that needs to be made and the 4A Board recommends that this resolution be passed. Tommy McCullough, BCI Chair, gave a presentation on the proposed business park. He mentioned that we have the East Industrial District that was created in 1967 and he gave a brief history of industry in Wichita Falls. He stated that all that land has been used and we need to acquire additional land for industrial growth. He gave detailed information on what had taken place on this project to date. He felt moving on this would make a big difference in our community. An ad- hoc committee was appointed to work on this project and Dick Bundy chaired this committee. Dick Bundy, BCI Ad-hoc Committee Chair, gave the nuts and bolts of the proposed business park. He mentioned that Isaac Manning, Architect, whose specialty is in land planning, and a team of engineers became involved and in their study they came up with what we are now calling the Wichita Falls Business Park. Mr. Bundy noted that the BCI Board of Directors felt very strongly about this and they voted to put up the money to pay for the study. Mr. Bundy informed that the property, 500 acres, is located on U.S. 287 and Fisher Road and has three property owners. The cost per acre is $2500 or$1.3 million. He detailed additional costs, which include site improvements, marketing, development consultant, legal fees and site plan and platting, totaling approximately $1.5 million, including the cost of the land. City Manager informed that when this issue first came to the 4A Board it was in phases but the 4A Board is recommending that you buy all the property to avoid higher purchase costs later. Mr. Bundy stated that the 4A Board felt they should secure all of the property and then begin the development process. Motion carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Mayor returned to Council Chambers and presided over the meeting. 126 Item 9f RESOLUTION NO. 84-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONSIDERING AMENDMENTS TO THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH WARNER ELECTRIC (WE) AND ITS PARENT COMPANY, COLFAX CORPORATION, AS AUTHORIZED BY RESOLUTION #133-2002 AND THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION FISCAL YEAR 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 Williams that Resolution No. 84-2003 be passed. Motion seconded by Councilor Esther. Tim Chase, BCI Director, and Mr. Mark Stuebe, General Manager of Warner Electric, spoke in favor of this resolution and presented information on this project. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 4 The minutes were approved as distributed with one correction. Items 5a-6d 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. Mayor noted a correction to the Park Board Minutes. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 5a. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Items 6a-6d Minutes of the following board and commission meetings were received. a. Landmark Commission —June 26, 2003 b. Wichita Falls-Wichita County Public Health Board —April 25, 2003 c. Tax Increment Financing Board —June 25, 2003 d. Wichita Falls Park Board —June 26, 2003 Item 5a RESOLUTION NO. 78-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE COUNTRY CLUB WATER SYSTEM IMPROVEMENT PROJECT AND AUTHORIZING FINAL PAYMENT TO WATER EQUIPMENT SERVICES, INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 127 Item 5a continued Moved by Councilor Hawkins that Resolution No. 78-2003 be passed. Motion seconded by Councilor Williams. Councilor Ammons stepped out of Council Chambers. Councilor Hawkins asked for the original bid figure. Mr. Scott Taylor replied that it was $254,619. Councilor Hawkins asked what the original changes were. Mr. Taylor replied that there were several changes that had to be made because of other conflicting utilities of which they were not aware. Councilor Hawkins mentioned that previously the original changes came to the Council for approval. The City Manager said that he would see that they were sent to the City Council in the future. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, and Hawkins Nays: None City Council recessed at 10:00 a.m. and reconvened at 10:15 a.m. Item 7a A public hearing was held on hazardous structures. Mayor declared the public hearing open. Mr. Dave Clark provided information on the hazardous structure process. Mayor read the properties on the demolition list and called for public comments. Property: 810 Calhoun Owner: Carlos Reyes, 1001 Corwin City Clerk Lydia Torres interpreted for Mr. Reyes. Mr. Reyes informed that he worked out of town and would like additional time to repair the structure. According to Code Enforcement records Mr. Reyes has owned the property for approximately 1-Y2 years and nothing has been done to the structure. Councilor Williams expressed concern that no repairs had been done in that amount of time and wanted to know how long Mr. Reyes needed to clean, secure and begin repairs. Mr. Reyes said that it was going to take a lot of money and time to complete the repairs but that he could clean and secure the structure within thirty days. Council felt that allowing Mr. Reyes thirty days to clean and secure the structure and provide the City a plan and obtain a restoration permit within that time was appropriate. Also, that he could be allowed six months after those thirty days to complete repairs. Mr. Reyes was informed that if Council voted to do this that the structure would remain on the demolition list and at the end of the six months if repairs were not completed that the structure would be demolished. Mr. Reyes stated that he understood and agreed. Mr. Reyes was also told that he would be required to sign a document stating these facts and that he agreed and would abide by the conditions set forth. Mr. Reyes said that he understood. Councilor Ammons asked if citizens were counseled as to what they would need to do to make repairs to structures that are placed on the demolition list. Mr. Bobby Teague replied that they speak to the persons during the permitting process about what the cost would be to rehab the property and they can tell us whether they have the funds to do that or not. Councilor Hawkins commented that in the past if a person has completed more than half of the repairs Council has extended the time to complete the repairs. Councilor Ammons felt that the City needed to inform these property owners that rehabbing a structure is a big investment. 128 Item 7a continued Mayor stated that when a person purchases property and it becomes a dangerous property we can give them time limits and it has to come to some point and time when they have to make that decision for themselves of whether they have the funds to do it or not. City Manager commented that what she is asking is that we tell them that it is not a $100, $500 or whatever price project but a $1,000, $5,000 or whatever project cost to rehab a structure, and that it is a major rebuild. Mr. Teague said that they do that and added that on the application there is a place to put in the evaluation of what it would cost. Councilor Ammons commented that she just wants them to have all the knowledge. Property: 212 Maple Owner: Agelique Landrum She does not oppose to demolition of this structure. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7b A final public hearing was held on the proposed use of Community Development Block Grant (CDBG) and HOME Program Funds for the One-Year Action Plan under the Consolidated Plan. Mayor declared the public hearing open. Mr. Dave Clark explained the level of funding and the plan with the number of applicants. He mentioned that the City is to receive $1.6 million in CDBG funds and $577,586 for the HOME Investment Partnership Act grant. He added that we do not have any un-programmed money at this time. He listed the Council Outside Agency Committee's recommendation for these funds, a copy of which is attached hereto as "Exhibit A". Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 66-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000) TO NORTH TEXAS VISIONS OF WICHITA FALLS (VISIONS) FOR STAFFING AND OPERATIONAL PURPOSES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 66-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None 129 Item 8b ORDINANCE NO. 67-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN AN AMOUNT NOT TO EXCEED $7,000.00 FOR IMPROVEMENTS AT 615 EIGHTH STREET; 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. 67-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Councilor Norrie stepped out of Council Chambers. Item 8c ORDINANCE NO. 68-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATION IN THE AMOUNT OF $50,000 TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE FOR THE WOMEN, INFANTS AND CHILDREN (WIC) PROGRAM RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH; 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. 68-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Hawkins Nays: None Councilor Norrie returned to Council Chambers. Item 8d ORDINANCE NO. 69-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE CRIMINAL JUSTICE DIVISION, OFFICE OF THE GOVERNOR, STATE OF TEXAS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Hawkins that Ordinance No. 69-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None 130 Item 8e ORDINANCE NO. 70-2003 ORDINANCE CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY; 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. 70-2003 be passed. Motion seconded by Councilor Esther. Moved by Councilor Hawkins to amend the ordinance by placing the structure at 810 Calhoun on the Restoration Program and authorizing the owner thirty days to secure and clean the structure and submit a plan and obtain a Restoration Permit. In addition, that the property owner be given an additional six months to complete repairs. In the same motion, Councilor Hawkins moved to amend the ordinance by striking the phrase "Section 4" and placing that Section under Section 3, and renumbering Section 5 as Section 4. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 8f ORDINANCE NO. 71-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR THE FY2003 LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM; 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. 71-2003 be passed with the typographical errors corrected. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 9a RESOLUTION NO. 79-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND ADOPTING THE REVISED SECTION 8 RENTAL ASSISTANCE PROGRAM ADMINISTRATIVE PLAN AND FAMILY SELF- SUFFICIENCY ACTION 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. 79-2003 be passed. 131 Item 9a continued Motion seconded by Councilor Esther. Mr. Matt Benoit explained that Council had had a question as to the suspension period, and the only guidance given is the three-year probationary period. However, that does not account for people who are on the program and involved in criminal or drug activities or have a pattern of criminal activity. We suggest keeping consistent with the three-year probation period. Moved by Councilor Williams to amend the proposed resolution by inserting the number 3 for the number of years for the suspension period. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Councilor Ammons stepped out of Council Chambers. Item 9b RESOLUTION NO. 80-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND ADOPTING THE PROPOSED USE OF FUNDS IN THE ACTION PLAN OF THE CONSOLIDATED PLAN FOR THE PERIOD OF OCTOBER 1, 2003 TO SEPTEMBER 30, 2004; 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. 80-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, and Hawkins Nays: None Councilor Ammons returned to Council Chambers. Item 9c RESOLUTION NO. 81-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AGREEMENT WITH HABITAT FOR HUMANITY OF WICHITA FALLS TO FACILITATE THE CONDITIONS FOR THE TRANSFER OF CITY-OWNED PROPERTY AT 803 WOODS AND 1002 WOODS STREET, ALSO KNOWN AS LOT 12, BLOCK 5, HOMEWOOD HEIGHTS, WICHITA COUNTY, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF NEW HOUSING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SPECIAL WARRANTY DEEDS TO TRANSFER TITLE; 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. 81-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. 132 Item 9c continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 9d RESOLUTION NO. 82-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING LABORATORY TESTING FEES FOR TESTS PERFORMED ON WATER SAMPLES SUBMITTED TO THE WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH DISTRICT LABORATORY; 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. 82-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Items 9e and 9f were considered at the beginning of this meeting. Item 9g RESOLUTION NO. 85-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE 2003 WATER BUDGET UTILITIES IMPROVEMENT PROJECT (BUIP) CWF 03-550-04; 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. 85-2003 be passed. Motion seconded by Councilor Williams. Councilor Hawkins expressed concern about putting in 6" water lines when we are requiring others to put in 8". Mr. Scott Taylor informed that in this case we are upgrading from a 4" to a 6". The emphasis is not to undersize and we are not undersizing. Mr. Taylor stated that in the future they would look to see if we need to upsize but this one is in line with the engineering figures. City Manager stated that they would check with the engineers to look at the cost to upsize to an 8" and the possibilities. If this is possible we will bring it back to the Council as a change order. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None 133 Item 9h RESOLUTION NO. 86-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REJECTING THE BIDS FOR THE POLICE DEPARTMENT PARKING LOT 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. 86-2003 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 10c was taken out of order and considered at this time. Item 10c City Manager informed that bids had been received for the Kickapoo Air Park Project and they were $600,000 over the estimate. We will bring Council a request to reject these bids at the next Council meeting. We want to advertise a notice to bidders and wanted Council's permission to advertise for these bids. I think if we break up the project it will be more feasible. City Council recessed at 12:20 p.m. and reconvened at 1:15 p.m. Item 10b Councilor Esther said that he had received some calls concerning some women out on the street in their summer endeavors in the Hines Street area and have expanded their program to the north side on Broadway Street. He asked that this be looked into by the Police Department. Councilor Esther said that we have had complaints about the way the City is cutting the grass only in the center and not along the edge of the property. The locations of these properties are two lots on Jalonic and others on Harding Street and Thompson Road areas. Councilor Hawkins encouraged District 5 residents to send in nominations for the Registry Award. He also encouraged that businesses in District 5 do the same. Councilor Hawkins asked that the irrigation system on the median at Missile Road be checked. Councilor Hawkins asked that Staff check into the persons using the storm water facilities for raceways for their go-carts, three and two-wheelers. He asked if Staff would look into the possibility of a skateboard area. Councilor Williams thanked City Staff for taking care of situations quickly. She thanked Mr. Darron Leiker for taking care of the lighting in several locations and intersection traffic lights. She thanked Code Enforcement for mowing and doing some brushwork on Duncan Street. It is important to let everybody know that we appreciate the City Staff and employees. She agreed with Councilor Esther that we check into the way lots are being mowed. She told Chief Coughlin that she thought he was doing a good job. Councilor Ammons asked for an update on the Lucy Park Pond. Mr. Scott Taylor informed that we are having problems with the contractor who is in financial straits. However, the concrete has been poured and the contractor is trying to complete that project; he has very little left to complete. Councilor Ammons asked if the small projects have a penalty clause in the contracts. Mr. Taylor informed that on all construction projects handled by the engineering division a contract 134 Item 10b continued time frame is given and the project has to be completed by that time frame or the contractor incurs liquidated damages. Councilor Ammons reiterated what Councilor Williams mentioned about the staff and their help. She commented that the Staff works very well with the Council. Councilor Ammons asked about the date for the traffic signal to go into operation at the entrance of Tanglewood off Seymour Highway. Mr. Leiker informed that it was scheduled to go on today but the TXDOT overlay project on Seymour Highway has delayed that and we hope that it can be turned on by Monday. Councilor Ammons asked who was responsible for maintenance of unpaved alleys. Mr. Scott Taylor informed that the City does not maintain unpaved alleys. Item 11 No one signed up to speak under Public Comments. Items 12a & 12b City Council went into Executive Session at 1:48 p.m. as authorized by Section 551.071 and 551.074 of the Texas Government Code. City Council reconvened at 2:11 p.m. Mayor announced that no votes were taken in executive session. Item 12c(1) Moved by Mayor Altman to reappoint Dr. Louis Rodriguez, Place 5, to the Wichita Falls Economic Development Corporation with term to expire July 31, 2006. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 12c(2) Moved by Mayor Altman to appoint Ms. Andrea Williams as Chair to the Wichita Falls Library Board. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Moved by Mayor Altman to appoint Ms. Andrea Williams as the North Texas Regional Library System Assembly Representative with term to expire July 31, 2006. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None • 135 Item 12c(2) continued Mayor informed that the Alternate to the North Texas Regional Library System Assembly Representative would be appointed at the next Council meeting, as well as consideration of the Library Board appointment. The City Council adjourned at 2:14 p.m. PASSED AND APPROVED this day of , 2003. WILLIAM K. ALTMAN MAYOR ATTEST: ub-c't—) �� uoy_'d Lydia Torres City Clerk 1 1 1 SUMMARY OF PROPOSED PROJECTS ONE YEAR ACTION PLAN The proposed funding is the result of a Public Hearing conducted May 20, 2003 and requests made before the City Council Subcommittee for Outside Agencies on June 18, 2003. CDBG Entitlement Amount $ 1,620,000 Total CDBG $ Available to Projects 1,620,000 Total HOME Entitlement 577,586 Total Funds to Allocate $ 2,197,586 PUBLIC SERVICES (15% Max) Day Care Center operations at MLK& Lamar Street Centers $ 89,000 Senior Citizens of N.T. Inc. — Meals On Wheels Program $ 29,000 MLK Health Care Center— Operating & Staff Costs $ 125,000 $ 243,000 NON-PROFIT FACILITIES Christmas In April — Materials for minor home repairs $ 80,000 PUBLIC FACILITIES AND INFRASTRUCTURE CDBG Job Training — Program to train crew to work with concrete by $ 220,000 constructing needed sidewalks and curbs Fire Station #2 — Emergency Power Generator $ 42,000 WF Health Department - Expansion—Architectural Fees $ 125,000 Mill & Overlay $ 222,728 Engineering Fees (Mill & Overlay) $ 22,272 $ 632,000 PARK IMPROVEMENTS Spudder Park— aluminum bleachers, aluminum picnic tables $ 22,000 VViIliams Park— aluminum picnic tables, bleacher pads, walkway to $ 16,000 picnic shelter, play apparatus and restrooms O'Reilly Park— walkway to Linear Park $ 5,000 $ 43,000 "EXHIBIT A" HOUSING and CODE ENFORCEMENT Urban Homestead Program $ 75,000 Emergency Repair Program $ 35,000 Rental Rehabilitation Program $ Code Enforcement Operating Costs $ 93,000 (Approx 29% of total operating Staff budget) Code Enforcement Regular Demolition and Clearance Program $ 120,000 $ 323,000 ADMINISTRATIVE AND PLANNING (20% Max) Housing Division —operational cost for CDBG programs ' $ 44,011 Housing Division — administrative cost for CDBG programs $ 129,170 National Development Council — continuation of the contract $ 4,000 Nonprofit Management Center- training scholarships for non-profit $ 5,000 agencies Administrative Cost—Additional funding for HOME Program $ 27,030 Indirect costs — reimbursement to the General Fund from the CDBG program for eligible assistance by City Staff $ 89,789 $ 299,000 TOTAL OF PROPOSED CDBG PROJECTS $ 1,620,000 The following is the proposed funding for HOME Investment Partnership Act Program for the 2003-2004 program year HOME ADMINISTRATIVE COSTS (fixed 10%) $ 57,759 HOME ACQUISITION (First-Time Homebuyers Program) $ 225,000 HOME IN-FILL HOUSING PROGRAM $ 120,000 HOME PROGRAM SINGLE FAMILY REHABILITATION $ 88,189 HOME PROGRAM — CHDO SET-A-SIDE AND ACTIVITIES (Required $ 86,638 15%) TOTAL OF HOME FUNDED PROJECTS $ 577,686 TOTAL CDBG AND HOME 2003 — 2004 TO BE ALLOCATED $ 2,197,586 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, July 15, 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: Pastor Brian Saunders Floral Heights Assembly Of God 3. Presentations: 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution To Accept The Country Club Water System Improvement Project And Authorize Final Payment To Water Equipment Services, Inc. (City Council Bill #159) 6. Receive Minutes: a. Landmark Commission — June 26, 2003 b. Wichita Falls — Wichita County Public Health Board — April 25, 2003 c. Tax Increment Financing Board — June 25, 2003 d. Wichita Falls Park Board — June 26, 2003 REGULAR AGENDA 7. a. Public Hearing On Hazardous Structures. City Council Agenda Tuesday, July 15, 2003 Page 2 b. A Final Public Hearing On The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The One-Year Action Plan Under The Consolidated Plan. 8. Ordinances: a. Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $40,000 To The North Texas Visions of Wichita Falls (Visions) For Staffing And Operational Purposes And Authorizing The City Manager To Execute An Agreement. (City Council Bill #160) b. Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $7,000.00 For The Construction Of Improvements At 615 Eighth Street. (City Council Bill #161) c. Ordinance Making Appropriation In The Amount Of $50,000 To The Special Revenue Fund For Additional Grant Revenue For The Women, Infants And Children (WIC) Program Received From The Texas Department Of Health. (City Council Bill #162) d. Ordinance Making An Appropriation In The Special Revenue Fund For Grant Revenue Received From The Criminal Justice Division, Office Of The Governor, State Of Texas, And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #163) e. An Ordinance Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same. (City Council Bill #164) f. Ordinance Authorizing The City Manager To Make Application With The Department Of Justice, Bureau Of Justice Assistance For The Fy 2003 Local Law Enforcement Block Grant. (City Council Bill #165) 9. Resolutions: a. A Resolution Approving And Adopting The Revised Section 8 Rental Assistance Program Administrative Plan And The Family Self-Sufficiency Action Plan. (City Council Bill #166) City Council Agenda Tuesday, July 15, 2003 Page 3 b. A Resolution Approving The Proposed Use Of Funds In The Action Plan Of The Consolidated Plan For The Period Of October 1, 2003 To September 30, 2004. (City Council Bill #167) c. Resolution Authorizing An Agreement With Habitat For Humanity Of Wichita Falls To Facilitate The Conditions For The Transfer Of City-Owned Property Located At 803 And 1002 Woods Street For The Construction Of New Housing And To Authorize The City Manager To Execute The Deeds To Transfer Title. (City Council Bill #168) d. Resolution Amending Laboratory Testing Fees For The Tests Performed On Water Samples Submitted To The Wichita Falls-Wichita County Public Health District Laboratory. (City Council Bill #169) e. Resolution Considering An Amendment To The Wichita Falls Economic Development Corporation's Fiscal Year 2002- 2003 Budget For The Purpose Of Developing A Business Park. (City Council Bill #170) f. Resolution Considering Amendments To The Economic Development Incentive Agreement With Warner Electric (WE) And Its Parent Company Colfax Corporation As Authorized By Resolution #133-2002 And The Wichita Falls Economic Development Corporation Fiscal Year 2002-2003 Budget. (City Council Bill #171) g. Resolution Awarding Bid And Contract For The 2003 Water Budget Utilities Improvement Project (BUIP) CWF 03-550- 04. (City Council Bill #172) h. Resolution To Reject The Bid For The Police Department Parking Lot Project. (City Council Bill #173) 10. Other Council Matters: a. Report On Recent Legislative Session By State Representative David Farabee. b. Discussion Of Items Of Concern To Members Of The City Council. c. Staff/Council Discussion. End Of Televised Segment City Council Agenda Tuesday, July 15, 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. Briefing By City Attorney Regarding Status Of And Possible Settlement Of Pending Litigation, Gloria King And Ralph King v. City Of Wichita Falls, Cause No. 155,247-A; As Authorized By Section 551 .071 Of The Texas Government Code. b. Consider Qualifications Of Possible Appointees To The Wichita Falls Economic Development Board As Authorized By Section 551 .074 Of The Texas Government Code. RESUME TELEVISED SEGMENT c. Open Session: (1) Appointment To Wichita Falls Economic Development Corporation. (2) Appointments To The Wichita Falls Library Board. a. Appoint Chair b. Appoint A System Assembly Representative For N.T. Regional Library System c. Appoint An Alternate Representative To The N.T. Regional Library System d. Appoint Replacement For Place 4 13. 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. City Council Agenda Tuesday, July 15, 2003 Page 5 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