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Min 09/02/2003 154 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 2, 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 Deacon Anastacio Perez, Our Lady of Guadalupe Church, gave the invocation. Item 3 Battalion Chief Gary Broyles, Fire Department, was recognized as employee of the month for September 2003. Mayor presented Battalion Chief Broyles with a plaque, City pin, check, dinner for two, and golf passes. Mayor proclaimed the month of September 2003 as "Hispanic Cultural Awareness Month" and encouraged everyone to participate in the celebrations. Deacon Perez accepted the proclamation and provided information on the events of the month and invited everyone to attend. Mayor recognized and expressed appreciation to Mr. Jody Wade and Mr. Mike Ledue for providing limousine transportation for the exchange students from DFW Airport to Wichita Falls. Mayor recognized the students who participated in the Shadow Program with the exchange students from Furstenfeldbruck. He thanked the students for their willingness and participation in this first time event. Mayor also recognized the parents of these students and expressed appreciation to them. Shadow Program students were as follows: Matthew McCabe, Katy Drake, Scott Hamilton, Clara Winfrey, Heather Hansen, Ellen Ramirez, and Jessie Williams. Mayor recognized and expressed appreciation to the host families, Bill, Cecile, and Clark Daniel, and Norros and Dee Ann Martin. Mayor also thanked Councilors Esther, Williams, Ammons, Burns, and Norrie who attended and assisted at numerous events for the exchange students. 155 Item 4 The Minutes were approved as distributed. Item 5-6e City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Norrie requested that Item 6d be moved to the Regular Agenda. Mayor Altman requested that Item 6b be moved to the Regular Agenda. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Items 6b and 6d. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 5a RESOLUTION NO. 99-2003 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HABITAT FOR HUMANITY OF WICHITA FALLS, INC. ACTING AS AN ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM; 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. 100-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE 2003 RRWWTP CLARIFIER REPAIR PROJECT, CWF 03-530-14; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 6a, 6c, and 6e Minutes of the following board and commission meetings were received. a. Wichita Falls —Wichita County Public Health Board — June 27, 2003 c. Wichita Falls Economic Development Corporation —August 4, 2003 e. Planning & Zoning Commission —August 13, 2003. Item 6b Mayor stated that Mr. Dave Clark had asked the Board of Adjustment for an interpretation without obtaining a legal opinion from the Legal Department. Mr. Clark explained that they felt it was not covered in the Zoning Ordinance and would not have the means to interpret, so he looked to the Board of Adjustment since they have the authority to interpret. Mayor emphasized that interpretation of ordinances need to be taken to the Legal Department. Moved by Mayor Altman that the minutes of the Board of Adjustment for July 16, 2003 be received. Motion seconded by Councilor Norrie and carried by the following vote. 156 Item 6b continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 6d Councilor Norrie stated that the minutes of the Construction Board of Adjustment and Appeals did not contain any detail of the changes nor was there any verbiage of the amendments. Mr. Clark explained that this was a final review of a series of reviews. This meeting was a wrap up or a summary. The next step would be to bring it back to Council to review the language that incorporates the changes. Moved by Mayor Altman that the minutes of the Construction Board of Adjustment and Appeals for August 13, 2003 be received. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7a A public hearing was held for the FY 2003/2004 Transit Grant for Capital, Planning and Operating Assistance for the Wichita Falls Transit System. Mayor declared the public hearing open. Mr. Darron Leiker went over the Transit System Program Projects for 2004 and the funding summary. Councilor Hawkins mentioned the bus route expansion to Wal-Mart, stating that he had asked about the bus route that goes out there. Mr. Leiker replied that it is Route 4 and they are looking into his request to add another neighborhood to that route. We already have over an hour wait to get on that route, and my main concern is that we do not stretch that route too thin. Councilor Hawkins had suggested a route from Old Iowa Park Road to City View Drive to Airport Drive to the Wal-Mart on the north side. Councilor Hawkins requested that the entire Route 4 be looked at. Mr. Leiker informed that they are looking into his request. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7b A public hearing was held on a franchise application from Doak McDonnell DBA Handicap Express for a special service vehicle to operate within Wichita Falls. Mayor declared the public hearing open. City Clerk informed that Mr. Doak McDonnell had submitted an application for a special service vehicle franchise to transport handicapped individuals to and from medical facilities in Wichita Falls. Mr. Leiker has performed an investigation as required in the Code and Staff recommends that Council consider this request. Notices were sent out to the applicant and other special service vehicle franchise holders. City Clerk noted that currently there was only one special service vehicle permitted. Councilor Williams asked for the hours of operation. Mr. McDonnell informed that they would be flexible but the normal operating hours would be 8 a.m. to 5 p.m. Monday through Friday. Councilor Williams wanted to know what amount of physical assistance would be provided to the passengers. Mr. McDonnell replied that most of the passengers are wheelchair compelled and he would provide assistance. 157 Item 7b continued Councilor Williams commented that it would be good if he could accommodate early morning appointments. Mr. McDonnell stated that there is a 6:30 a.m. shift to the dialysis center, and he would give that consideration. Councilor Williams asked if there was any offsetting contributions that would help defray the cost. Mr. McDonnell replied that to his knowledge there were none. Councilor Norrie asked about third party payments. Mr. McDonnell said that there would not be third party billing. He will provide receipts and the passenger could follow up. Councilor Hawkins asked if his prices were the same as Star Transportation and Mr. McDonnell replied in the affirmative. Councilor Williams felt that an additional service was needed in the City. Councilor Hawkins asked if the City provided this type of service. Mr. Leiker replied that we do, but one problem is the hours and when they need to get to their medical appointment. Another problem is actual pick up. We do not have a para-transit service; we do not go door to door. We will deviate from our route two blocks. That poses a hurdle. Councilor Hawkins suggested that Mr. Leiker look into the possibility of any available federal monies to see if we can assist in that. Mr. Leiker will check into that. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7c A public hearing was held on the 2003-2004 preliminary budget. Mayor declared the public hearing open. City Manager made opening remarks about the proposed budget and the funding along with the Council's requested changes from their work session. Councilor Hawkins mentioned that we also have in the next item a fee increase that does reflect a change in the budget. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 79-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES AT CHAPTER 2, ARTICLE VI, DEVELOPMENT FEES; PROVIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; 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. 79-2003 be passed. Motion seconded by Councilor Williams. Mr. Dave Clark informed that the proposed fees are still below many of the other cities we compared to. He said that they had looked at alternatives but fees have not been changed in fifteen years. Councilor Williams commented that it was our fault that the fees had not been changed in a long period of time, but she realized the increases were necessary. She said that we should not wait so long to change fees, any fees. 158 Item 8a continued Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8b ORDINANCE NO. 80-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, AND APPROVING REVISIONS TO THE 2002-03 BUDGET; 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 Williams that Ordinance No. 80-2003 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 8c ORDINANCE NO. 81-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, LEVYING, ASSESSING, AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE WICHITA FALLS MUNICIPAL GOVERNMENT AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE 2003-04 FISCAL YEAR; DECLARING AN EMERGENCY; AND 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. 81-2003 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 8d ORDINANCE NO. 82-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 106-126 (c), (d), AND (f) OF THE CODE OF ORDINANCES TO ADJUST TREATED WATER RATES FOR RETAIL CUSTOMERS; 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. 82-2003 be passed. Motion seconded by Councilor Ammons. Mayor explained that the reason we have to raise water rates is to meet our bond requirements. 159 Item 8d continued Mr. Jim Dockery informed that these rates will go into effect October 1, 2003 and will be reflected in the November bills. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8e ORDINANCE NO. 83-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SUBSECTIONS (D) AND (H) OF SECTION 106-251 OF THE CODE OF ORDINANCES TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS; 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. 83-2003 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 8f ORDINANCE NO. 84-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DESIGNATING THE SITE AT 615 8TH STREET AS A WICHITA FALLS LANDMARK; 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. 84-2003 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 City Council recessed at 10:00 a.m. and reconvened at 10:18 a.m. Item 8q ORDINANCE NO. 85-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT REVENUE FROM THE FEDERAL AVIATION ADMINISTRATION FOR AIRFIELD IMPROVEMENTS AT KICKAPOO DOWNTOWN AIRPARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ACCEPTING SAME; FINDING AND DETERMINNG 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. 85-2003 be passed. Motion seconded by Councilor Norrie and carried by the following vote. 160 Item 8g continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8h ORDINANCE NO. 86-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A FRANCHISE FOR SPECIAL SERVICE VEHICLES FOR MEDICAL RELATED TRANSPORT TO DOAK MCDONNELL, DBA HANDICAP EXPRESS; 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. 86-2003 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 8i ORDINANCE NO. 87-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS WAIVING SEC.14-384, SEC. 82-62, SEC. 82-68, SEC. 82-63, SEC. 82-58, AND SEC. 82-62 OF THE CODE OF ORDINANCES, AND RESOLUTION 2509 AS AMENDED TO PERMIT GIVING AWAY OF GOLDFISH, SALES, ALCOHOLIC BEVERAGES, POSTING OF SIGNS, VEHICLES AND ANIMALS ON THE GRASS, AND SALES WITHOUT PAYMENT OF THE PERCENTAGE OF GROSS TO THE CITY DURING THE ANNUAL FALLS FEST EVENT IN LUCY PARK SEPTEMBER 25-28, 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 Hawkins that Ordinance No. 87-2003 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 8j ORDINANCE NO. 88-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SEC. 82-58 AND SEC 82-63 OF THE CODE OF ORDINANCES TO ALLOW HOWMET CORPORATION TO DRIVE VEHICLES UPON THE GRASS AND POST SIGNS DURING THEIR COMPANY EMPLOYEE PICNIC IN LAKE WICHITA PARK SEPTEMBER 13, 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 Ammons that Ordinance No. 88-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. 161 Item 8i continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9a RESOLUTION NO. 101-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE MPEC COLISEUM SITE IMPROVEMENTS PROJECT AND AUTHORIZING FINAL PAYMENT TO ELECTRA CONSTRUCTION COMPANY, INCORPORATED; 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. 101-2003 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 9b RESOLUTION NO. 102-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR POLICE DEPARTMENT PARKING LOT PROJECT, CWF 03-100-05; 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. 102-2003 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 9c RESOLUTION NO. 103-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE CONSTRUCTION AREA FENCING PROJECT (CWTP), CWF 03-544-26; 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. 103-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: Councilor Hawkins 162 Item 9d RESOLUTION NO. 104-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BIGGS & MATHEWS,. INC., FOR ENGINEERING SERVICES FOR THE PRELIMINARY PLAT AND MASTER PLAN FOR THE WICHITA FALLS 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 Williams that Resolution No. 104-2003 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 9e RESOLUTION NO. 105-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE FIRE DRILL FIELD PROJECT AND AUTHORIZE FINAL PAYMENT TO ELECTRA CONSTRUCTION COMPANY, INC.; 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.105-2003 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 9f RESOLUTION NO. 106-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION TO PERMIT THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A PARKING LOT BETWEEN 1-44 AND RAMP AND BETWEEN 6TH AND 7TH STREETS; 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. 106-2003 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 163 Item 9 RESOLUTION NO. 107-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE RRWWTP LOWER WET WELL REPAIR PROJECT, CWF 03-550-22; 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. 107-2003 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 9h RESOLUTION NO. 108-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE WATER INTRUSION PROJECT (POLICE DEPARTMENT), CWF 03-100-21 AND AUTHORIZE FINAL PAYMENT TO SANTA ROSA CONSTRUCTION COMPANY; 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. 108-2003 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 9i RESOLUTION NO. 109-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHIT A FALLS, TEXAS, AWARDING BID AND CONTRACT FOR TAXIWAY B CONSTRUCTION FOR 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. 109-2003 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 Item 9e RESOLUTION NO. 110-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ENDORSING AN APPLICATION TO THE 4B BOARD OF DIRECTORS FOR A TWO-WAY RADIO PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 164 Item 96 continued Moved by Councilor Ammons that Resolution No. 110-2003 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 10a Councilor Ammons said that the Hotter 'N Hell ride was a lot of fun and if you did not attend you missed out on a wonderful event. Councilor Burns reminded everyone that school was back in session and asked that everyone be very careful, and be aware of the children going to and from school. Councilor Norrie congratulated Councilor Ammons for being selected as Texhoma's Favorite Councilor. Councilor Norrie asked about the City's stance on electric scooters. Chief Coughlin informed that they are illegal unless registered to operate on the public streets. What we do is talk to the child and parents about safety issues, however, we may need to issue warrants. City Attorney mentioned that staff will probably ask the Traffic Safety Commission to address this in relation to new legislation. Councilor Williams asked that they also address wheelchairs on streets. Chief Coughlin will report back to Council on these concerns. Councilor Norrie asked about helmets for kids on scooters and bikes. Chief Coughlin said he did not think there were any laws requiring wearing helmets while on bicycles or scooters. Councilor Hawkins asked about electric scooters on the walking trails. City Attorney informed that motorized vehicles are prohibited on the trails. Councilor Esther thanked those who supported the exchange students. However, he felt that we did not share the cultural difference in our community and he hopes that we can give them the true picture of what America is about, referring to the Spanish and Black cultures. Councilor Esther said he would like to revisit the Historical Preservation Ordinance and asked that it be placed on the next Council agenda. Councilor Esther thanked the staff for their prompt responses to his requests. Councilor Hawkins expressed concern because the waterfall at Lucy Park was running red water this weekend. He stated that it just needs to be turned off and he did not understand what the problem was. Councilor Hawkins asked for the lake levels. Mr. Scott Taylor informed that we are at 54.6% this morning. Councilor Williams stated that the exchange students were exemplary and our students were also exemplary and showed real grace and it was obvious that they thoroughly enjoyed it. Our staff in their spare time did things that were above and beyond the call of duty and made sure the students had supervision and that they had everything they needed. This was a good start and in the future it is going to be even more wonderful. We treated them very well. Mayor stated that he would like for Staff to prepare a resolution for the next Council agenda addressed to our Congressman and Senators regarding Internet sales and the need to collect sales tax. He suggested that this same resolution be submitted to TML for consideration at their annual meeting. Item 10b Mr. Dave Clark gave an update on the Holt Hotel. He informed that bids had been open and the low bid was two and one-half percent within the estimate. However there is still a need for 165 Item 10b continued additional money when you consider everything that is involved. This will be a taxable project and will be a real positive for the community. Councilor Esther referred to the Attebury Mill building and asked if there was something that could be done with that building. Mr. Clark replied that this has a challenge of location but we will look to see what is out there for future development. City Manager referred to the Holt Hotel stating that this is the time and it does need to be resolved. We have CDBG funds tied up in there used to strip out the building for demolition. There are time frames involved. This is a public appeal to see if there are some foundations or benefactors who will contribute to this project. We will use this time to explore some other innovative govt. ways to make this come about since it is a TIF Project. It is time to finish this project. Councilor Hawkins asked for the amount of additional funding needed. Mr. Clark replied that it was approximately $900,000.00. Mayor announced that this concluded the televised portion of this meeting. Item 11 No one signed up to speak under Public Comments. Item 12a City Council went into Executive Session at 11:30 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 12:55 p. m. Mayor announced that no votes were taken in executive session. Item 13 Moved by Councilor Burns to appoint Mrs. Renae Murphy to the Wichita County/City Hospital Board, Place 1, with term to expire July 1, 2005. Mrs. Murphy will be replacing Mr. Nick Gipson. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None City Council adjourned at 12:57 p. m. PASSED AND APPROVED this � _day of IV 0 1 , 2003. o L0$,�„ v 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, September 2, 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 Jimmy Dillon, Trinity Baptist Church. 3 Presentation: Employee of the Month. 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. A Resolution Authorizing The City Manager To Execute A Contract With Habitat For Humanity Of Wichita Falls, Inc. Acting As An Eligible Community Housing Development Organization (CHDO) Under The HOME Investment Partnership Program. (City Council Bill #197) b. Resolution To Awarded Bid And Contract For The 2003 RRWWTP Clarifier Repair Project, CWF 03-530-14. (City Council Bill #198) 6. Receive Minutes: a. Wichita Falls-Wichita County Public Health Board - June 27, 2003 b. Board of Adjustment — July 16, 2003 c. Wichita Falls Economic Development Corporation - August 4, 2003 d. Construction Board of Adjustment and Appeals - August 8, 2003 e. Planning & Zoning Commission — August 13, 2003 REGULAR AGENDA 7. Public Hearings: a. Public Hearing For The FY 2003/2004 Transit Grant For Capital, Planning And Operating Assistance For The Wichita Falls Transit System. b. Public Hearing On A Franchise Application From Doak McDonnell DBA Handicap Express For A Special Service Vehicle To Operate Within Wichita Falls. c. Public Hearing On The 2003-04 Preliminary Budget. 8. Ordinances: a. Ordinance Amending Part II Of The Code Of Ordinances At Chapter 2, Administration, At Article VI, Development Fees. (City Council Bill #199) b. Ordinance Adopting The Annual Budget For The Fiscal Year Beginning October 1, 2003 And Ending September 30, 2004, And Approving Revisions To the 2002-03 Budget. (City Council Bill #200) c. Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And Support Of The Wichita Falls Municipal Government And Providing For The Interest And Sinking Fund For The 2003-04 Fiscal Year. (City Council Bill #201 ) d. Ordinance To Amend Section 106-126 (c), (d) And (f) Of The Code Of Ordinances To Adjust Water Rates For Retail Customers. (City Council Bill #202) e. Ordinance Amending Subsections (d) and (h) Of Section 106-251 Of The Code Of Ordinances To Adjust Sewer Rates For Retail Customers. (City Council Bill #203) f. Ordinance Designating The John F. O'Donohoe/Anderson Bean Building, Also Known As The Iron Horse Pub, Located At 615 8t" Street As A Wichita Falls Landmark. (City Council Bill #204) g. Ordinance Making An Appropriation To The Special Revenue Fund For Grant Revenue From The Federal Aviation Administration For Airfield Improvements For Kickapoo Downtown Airpark And Authorizing The City Manager To Execute An Agreement Accepting Same. (City Council Bill #205) h. Ordinance Authorizing A Franchise For A Special Service Vehicle For Medical Related Transport To Doak McDonnell DBA Handicap Express. (City Council Bill #216) i. Ord. waiving sections of the Code and Res. 2509 as amended to permit activities during FallsFest in Lucy Park September 25-28, 2003. (CB #217) j. Ord. waiving sections of the code to allow Howmet to drive vehicles upon grass and post signs during picnic in Lake Wichita Park September 13, 2003. (CB #218) 9. Resolutions: a. Resolution Accepting The MPEC Coliseum Site Improvements Project And Authorizing Final Payment To Electra Construction Company, Incorporated. (City Council Bill #206) b. Resolution To Award Bid And Contract For Police Department Parking Lot Project, CWF 03-100-05. (City Council Bill #207) c. Resolution To Award Bid And Contract For Construction Area Fencing Project (CWTP), CWF 03-544-26. (City Council Bill #208) d. Resolution Approving And Authorizing The City Manager To Execute A Contract With Biggs & Mathews, Inc., For Engineering Services For The Preliminary Plat And Master Planning For The Wichita Falls Business Park. (City Council Bill #209) e. Resolution To Accept The Fire Drill Field Project And Authorize Final Payment To Electra Construction Company, Inc. (City Council Bill #210) f. Resolution To Approve Agreement With Texas Department Of Transportation To Permit The Construction, Maintenance And Operation Of A Parking Lot. (City Council Bill #211) g. Resolution To Award Bid And Contract For The RRWWTP Lower Wet Well Project, CWF03-550-22. (City Council Bill #212) h. Resolution To Accept The Water Intrusion Project (Police Department), CWF03-100-21 And Authorize Final Payment To Santa Rosa Construction Company. (City Council Bill #213) k. Resolution Awarding Bid And Contract For Taxiway B Construction For Kickapoo Downtown Airpark. (City Council Bill #214) I. Resolution Endorsing An Application To The 4B Board of Directors For A Two-Way Radio Project. (City Council Bill #215) 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 Wichita County/City Hospital Board, As Authorized By Section 551.074 Of The Texas Government Code. b. Deliberate The Evaluation Of The City Council Appointed Officials As Authorized By Section 551 .074 Of The Texas Government Code. RESUME TELEVISED SEGMENT 13. Open Session: a. Appointment To Wichita County/City Hospital Board. 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