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Min 08/05/2003 136 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building August 5, 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 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 Reverend Keith Cupples, Trinity United Methodist Church, gave the invocation. Item 3 Officer Greg Burt, Police Department, was recognized as employee of the month for August 2003. Mayor presented Officer Burt with a plaque, City pin, check, dinner for two, and golf passes. Mayor proclaimed August 13, 2003 as "Wichita Falls Heritage Preservation Day". Mrs. Jan Schaff, Landmark Commission Chair, accepted the proclamation and invited everyone to attend the activities during that day commemorating 50 years of historical preservation in conjunction with the Texas Historical Commission. Mr. Jerry Vandiver provided information on the Registry Awards and thanked the Times Record News for being a big supporter by placing articles in the paper encouraging nominations for these awards. Mr. Vandiver introduced Mr. Pat Wall, Registry Award Chair, who assisted Mr. Darrell Coleman, TRN President/Publisher, in issuing the awards. Councilor Williams, Clean Community Council Liaison, introduced the winners of the Registry Awards. District 1 Jim & Jean Skasick, 4817 Tortuga Trail Charles Barr, 2100 Indian Heights Margaret Luna, 3109 Jacqueline District 2 Lester and Peggy King, 1219 North Tenth Mr. & Mrs. Henderson, 305 Elwood St. John Baptist Church, 1009 Flood Street Bill and Valerie Philips, #7 Bristol Lane Holiday Inn, 401 Broad Street District 3 Kevin and Sheryl Burke, 3502 University Jim Thomas, 2300 Talunar Lane Zeta Klein, 4517 Westward Drive 137 Item 3 continued District 4 Sharon Roach, 1604 Singleton John and Pamala Stephenson, 2013 Victory Avenue Bill and Joanne Bartley, 1522 Cynthia Lane Item 4 The Minutes were approved as distributed. Item 5-6e 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, and Hawkins Nays: None Item 5a RESOLUTION NO. 87-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH THE WICHITA FALLS ARTS COUNCIL FOR THE PROPERTY AT 1300 LAMAR STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 6a-6c Minutes of the following board and commission meetings were received. a. Wichita Falls Board of Adjustment —July 16, 2003 b. Wichita Falls Economic Development Corporation —July 8, 2003 c. Wichita Falls 413 Sales Tax Corporation —July 24, 2003 d. Wichita Falls 413 Sales Tax Corporation — March 14, 2003 e. Wichita Falls Planning & Zoning Commission —July 9, 2003 Item 7a A public hearing was held on the Public Housing Agency (PHA) Plan. Mayor declared the public hearing open. Mr. Matt Benoit provided a brief synopsis of the Public Housing Agency Plan activities and changes in this past year. Mr. Benoit mentioned that there were no proposed changes in this Plan. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. i 138 Item 8a ORDINANCE NO. 72-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DENYING TXU GAS COMPANY'S REQUEST TO CHANGE RATES IN THE CITY OF WICHITA FALLS, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No.72-2003 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 Item 8b ORDINANCE NO. 73-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAPPOINTING DAN TOMPKINS AS SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; 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. 73-2003 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 Item 8c A proposed ordinance was presented rezoning Lot 9a and part of Lot 8, Block 46, Southland Addition, also known as 1610 Kell Boulevard, and adjacent Kell right-of-way, from Limited Commercial to General Commercial, and amending the land use plan. Moved by Councilor Esther that proposed ordinance be passed. Motion seconded by Councilor Ammons. Mr. Clark informed that Staff had expressed concern regarding the residential areas, however, of the twelve letters sent out the three who responded were not in opposition of the rezoning. Planning &Zoning approved this request. Mayor questioned the extension to Kell Freeway and why that was done. Councilor Hawkins explained that this keeps it from being a spot zoning since it is joined to the General Commercial in that area. Mayor expressed concern that the applicant had requested specific lots be rezoned and, according to their meeting minutes, that is what Planning and Zoning Commission approved, not the extension to Kell Freeway. Mr. Clark stated that Staff is recommending that the area be expanded in conjunction with Planning & Zoning's approval of the lots. Mayor stated that Planning and Zoning had not approved the expansion. City Attorney opinioned that there was an issue because the Zoning Ordinance requires that Planning & Zoning approve the rezoning, therefore, this ordinance is not properly before the Council. 139 Item 8c continued Mayor suggested voting the ordinance down and sending it back to Planning & Zoning with the expansion. Martin Litteken, Cornerstone Engineering, representing the property owners, asked that Council not take any action because if it is denied, the applicant would have to wait one year before it could be reconsidered by Planning & Zoning. Councilor Esther removed his motion and Councilor Ammons removed her second. No action was taken on this proposed ordinance. Item 8d ORDINANCE NO. 74-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 86-32 OF THE CODE OF ORDINANCES TO ALLOW A LIBRARY BOARD MEMBER TO COMPLETE TERM OF SERVICE; 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. 74-2003 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 9a RESOLUTION NO. 88-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPROVING AND ADOPTING THE FOURTH YEAR ANNUAL UPDATE TO THE PUBLIC HOUSING AGENCY (PHA) 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. 88-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 9b RESOLUTION NO. 89-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF THREE (3) RUBBER TIRE FRONT END LOADERS FROM WARREN CAT IN THE AMOUNT OF $453,400.00, 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. 89-2003 be passed. Motion seconded by Councilor Norrie. 140 Item 9b continued Mr. Darron Leiker asked that a substitute resolution be approved reflecting the purchase of two front-end loaders at a cost of$306,804.00 instead of three. He explained that for economic reasons such as higher fuel costs and more stringent EPA requirements, the purchase of three loaders would exceed their budget. Mr. Leiker also mentioned that he was recommending that Warren Cat receive this bid because he is local and his bid is within one-half percent of the low bid, and the equipment could be maintained locally instead of getting into additional transportation costs. The low bidder is from Oklahoma City. Councilor Williams, who made the original motion, and Councilor Norrie, who seconded the original motion, agreed to substitute the Resolution that would authorize the purchase of two front end loaders instead of three. Motion on the substitute resolution 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 9c RESOLUTION NO. 90-2003 RESOLUTION TO AWARD BID AND CONTRACT FOR THE 2003 STREET REHABILITATION PROJECT, CWF 03-100-12; 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. 90-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Hawkins Nays: None Councilor Norrie returned to Council Chambers. Item 9d RESOLUTION NO. 91-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE FY 2003-2004 BUDGET FOR THE WICHITA FALLS (46) SALES TAX CORPORATION; 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. 91-2003 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 141 Item 9e RESOLUTION NO. 92-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A JOINT FUNDING AGREEMENT WITH U.S. GEOLOGICAL SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND RESERVOIR CONTENT GAUGING STATIONS; 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. 92-2003 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 Item 9f RESOLUTION NO. 93-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY'S PARTICIPATION IN THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE FOR THE PURCHASE OF OFFICE SUPPLIES; 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. 93-2003 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 Item 9g RESOLUTION NO. 94-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REJECTING THE BIDS FOR THE AIRFIELD PAVEMENT IMPROVEMENT PROJECT AT KICKAPOO DOWNTOWN AIRPARK; 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. 94-2003 be passed Motion seconded by Councilor Ammons. Mr. Darron Leiker informed that the bids were higher than were acceptable. He added that they are proposing to split the project into two segments when the project is re-advertised: 1) Construction of Taxiway B and 2) Reconstruction of Runway 17/35. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None 142 Item 10a Mayor mentioned that Councilor Burns was absent today because he was out of town on business. Councilor Ammons thanked TXDOT for the repairs on Seymour Highway and for the traffic light at the Tanglewood entrance on Seymour Highway. Councilor Norrie asked Chief Coughlin to inform the public as to the traffic process at the schools when they are in session. Chief Coughlin explained what the procedures were and how any concerns should be addressed. Councilor Norrie asked that the Rustlers' Manager give an update on their current plans. He suggested that the City look into having a segment on the City Channel about the Rustlers. Councilor Norrie congratulated and wished Councilor Williams a happy birthday. Councilor Ester thanked the City Attorney for helping him address the problems on Hines Street. Councilor Esther mentioned the grass cuttings that are left on the street which are potential sewer problems. He suggested that the Clean Community Commission look into this issue. Councilor Esther asked that Staff look into the dangerous traffic situation at Maurine, SH 240, and Sheppard Access Road. Councilor Williams added that the street lighting also needed to be checked. Councilor Esther commented that the Town & Country had turned into the City's biggest junkyard, and needed to be checked. Councilor Esther thanked the Staff for their help in providing answers to questions from his constituents. Councilor Hawkins thanked the Staff for correcting the lighting at the school crossing on Missile Road. Councilor Hawkins announced that he would not be running for office in May and asked that residents of District 5 form committees to search for viable candidates for his position. Mayor asked that Staff give a brief comment regarding maintenance on medians and islands, as well as landscaping in parking lots and shopping areas. Mr. Clark informed that the Landscape Ordinance does require maintenance. He mentioned that at Planning & Zoning we made a commitment to send letters reminding property owners about maintaining medians and islands, and we will encourage them to work on that. We will see how that step works before we move to on to another step. City Manager said that Staff would look into these concerns. Item 10b There were no staff reports. Mayor announced that this concluded the televised portion of this meeting. City Council recessed at 10:20 a.m. and reconvened at 10:40 a.m. Item 11 Pastor Timothy McNeil referred to the murder of Anthony Edward Dolby at the Village Vanguard Club, 2400 Sheppard Access, and asked Council to address the following issues. He asked that Council declare the Village Vanguard Club at 2400 Sheppard Access a nuisance and close it because of the number of deaths that have occurred there. Another concern mentioned by Pastor McNeil was that the person responsible for Anthony Dolby's death needed to be found and made accountable. 143 Item 11 continued Pastor McNeil asked that a solution be found to these concerns that fester in our City. He asked that the City aggressively look into solving the issues of alcohol, weapons, and drug violations in our City because there are establishments that have these types of violations. Pastor McNeil stated that they were going to be a nuisance as much as this location, Village Vanguard Club, has been a nuisance to our community, and he asked the City for assistance in any way to put the wheels in motion to put closure to the issue of accountability. The venues that house these issues need to be addressed. Item 12a City Council went into Executive Session at 11:08 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:17 a. m. Mayor announced that no votes were taken in executive session. Item 13 1 Moved by Councilor Williams to appoint Ms. Sara Rugeley to the Helen Farabee Regional MHMR Centers Board of Trustees, Place 9, with term to expire August 31, 2005. She will be replacing Dr. Ernest Dover. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 13(2a) Moved by Councilor Williams to appoint Mrs. Ruth Jones as the Alternate Representative to the North Texas Regional Library System with term to expire July 31, 2005 Motion seconded by Mayor Altman and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 13(2b) No action was necessary on this item since this was covered under Item 8d. City Council adjourned at 11:25 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, August 5, 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: Reverend Keith Cupples Trinity United Methodist Church 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Authorizing The City Manager To Execute An Amendment To The Lease Agreement With The Wichita Falls Arts Council For The Property At 1300 Lamar Street. (City Council Bill #174) 6. Receive Minutes: a. Wichita Falls Board Of Adjustment — July 16, 2003 b. Wichita Falls Economic Development Corporation — July 8, 2003 c. Wichita Falls 4B Sales Tax Corporation— July 24, 2003 d. Wichita Falls 4B Sales Tax Corporation — March 14, 2003 e. Wichita Falls Planning & Zoning Commission — July 9, 2003 REGULAR AGENDA City Council Agenda Tuesday, August 5, 2003 Page 2 7. Public Hearing On The Public Housing Agency (PHA) Plan. 8. Ordinances: a. Ordinance Denying TXU Gas Company's Request To Change Rates In The City Of Wichita Falls, As A Part Of The Company's Statewide Gas Utility System; Providing A Requirement For A Prompt Reimbursement Of Costs Incurred By The City. (City Council Bill #175) b. Ordinance Reappointing Substitute Judge Of The Municipal Court For A Term Of Two Years. (City Council Bill #176) c. Ordinance Rezoning Lot 9A And Part Of Lot 8, Block 46, Southland Addition, Also Known As 1610 Kell Boulevard, And Adjacent Kell Right-Of-Way, From Limited Commercial To General Commercial, And Amending The Land Use Plan. (City Council Bill #177) d. Ordinance Waiving Section 86-32 Of The Code Of Ordinances To Allow A Library Board Member To Complete Term Of Service. (City Council Bill #178) 9. Resolutions: a. Resolution Approving And Adopting The Fourth Year Annual Update To The Public Housing Agency (PHA) Plan. (City Council Bill #179) b. Resolution Authorizing Award Of Bid For Three (3) Each Rubber Tire Front End Loaders. (City Council Bill #180) c. Resolution To Approve Change Order No. 1 For The 2003 Street Rehabilitation Project — CWF 03-100-12. (City Council Bill #181) d. Resolution Approving The FY 2003-2004 Budget For The Wichita Falls (413) Sales Tax Corporation. (City Council Bill #182) e. Resolution To Approve Joint Funding Agreement With U.S. Geological Survey For Operation And Maintenance Of Stream Flow And Reservoir Content Gauging Stations. (City Council Bill #183) f. Resolution Authorizing The City's Participation In The U.S. Communities Government Purchasing Alliance For The Purchase Of Office Supplies. (City Council Bill #184) City Council Agenda Tuesday, August 5, 2003 Page 3 g. Resolution To Reject The Bid For The Airfield Pavement Improvement Project At Kickapoo Downtown Airpark. (City Council Bill #185) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. End Of Televised Segment 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 Qualifications Of Possible Appointee To The Helen Farabee Regional MHMR Centers Board Of Trustees, As Authorized By Section 551 .074 Of The Texas Government Code. RESUME TELEVISED SEGMENT 13. Open Session: (1) Appointment To Helen Farabee Regional MHMR Centers Board. (2) Appointments To The Wichita Falls Library Board. a. Appoint An Alternate Representative To The N.T. Regional Library System. b. Appointment To Place 4. 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. City Council Agenda Tuesday, August 5, 2003 Page 4 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