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Min 09/16/2003 166 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 16, 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 - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Michael Norrie - Absent Mayor called the meeting to order. Item 2 Pastor Ken Hildebrand, University United Methodist Church, gave the invocation. Item 3 Mayor proclaimed September 21-27, 2003 as "Deaf and Hard of Hearing Awareness Week" in Wichita Falls. Mr. James Moore, President of the Texhoma Deaf and Hard of Hearing Services, along with Interpreter Katrina Wiggins, Mr. Rex Coots, Jr., and Ms. Sherry Phillips accepted the proclamation. Mr. Moore invited everyone to an event at Sikes Senter Mall this Saturday where they will have a display of the various hearing technology, as well as information on the many services that are available to the deaf and hearing impaired. Mayor congratulated the Texhoma Deaf and Hard of Hearing Services for this great event and expressed gratitude for the services they provide. A presentation was given on the Transit Alternative Fuels Study. Mr. Darron Leiker, Aviation, Traffic and Transportation Director, provided a brief history, and introduced Mr. Cliff Chambers and Larry Richards, Transit Resource Center Consultants, who prepared the study. Mr. Chambers and Mr. Richards gave the presentation on the study. The purpose of this study is to provide information to the City to make informed decisions on the propulsion systems and fuel types for the future procurement of transit buses for the City. Federal mandates, and cost comparisons of clean diesel, diesel, and propane were addressed. Recommendations of the Technical Review Committee, with Consultants' concurrence, were the clean diesel option; the City's transition to ultra low sulfur diesel fuel for all buses in June 2006, and that bus replacements ordered for delivery after June 2006 be equipped with Particulate Matter filter. Mayor suggested that Mr. Leiker analyze the cost of setting up a facility for clean diesel fuel in order to help spread the cost throughout several budget years instead of one year. 167 Item 4 The Minutes were approved as distributed. Items 5-6c City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Hawkins requested that Item 5b be moved to the Regular Agenda. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 5b. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 5a RESOLUTION NO. 111-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS; 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. Landmark Commission —August 25, 2003 b. Wichita Falls Park Board —June 26, 2003 c. Wichita Falls Economic Development Corporation —August 18, 2003 Item 5b RESOLUTION NO. 112-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE 2003 ALLEY REHABILITATION PROJECT, CWF 03-530-20; 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. 112-2003 be approved. Motion seconded by Councilor Burns. Councilor Hawkins asked if the 15% savings could be added to alley repairs. Mr. Taylor said that they will evaluate the ability to add one more alley. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None 168 Item 7a ORDINANCE NO. 89-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 62 OF THE CODE OF ORDINANCES AT ARTICLE I, SECTION 62-5, DESIGNATING THE STRUCTURE AT 925 LAMAR 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 Burns that Ordinance No. 89-2003 be passed. Motion seconded by Councilor Hawkins. Councilor Ammons stated that she would not vote nor participate in the discussion of this item because of a conflict of interest. Councilor Ammons has signed and filed a conflict of interest affidavit in the City Clerk's office. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Burns, and Hawkins Nays: None Abstentions: Councilor Ammons Item 7b ORDINANCE NO. 90-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 90-2003 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Councilor Hawkins stepped out of Council Chambers Item 7c A proposed ordinance was presented closing, abandoning, and vacating a 25-foot by 165-foot section of an alley adjacent to Lots 5 and 6 out of Block 255, Gulley and James Subdivision, Wichita Falls, Wichita County, Texas, those adjacent lots also known as 1508 and 1510 Eleventh Street. Moved by Councilor Williams that proposed ordinance be passed. Motion seconded by Councilor Ammons. Mayor requested that this item be tabled for several reasons. The Hospital cannot acquire real property without City County Hospital Board approval and it has not been presented to the board. Also, this will give the Mayor an opportunity to discuss their trash hauling with the Hospital. They do not use the City's sanitation services. Moved by Councilor Burns to table proposed ordinance. 169 Item 7c continued Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Burns Nays: None Councilor Hawkins returned to Council Chambers. Item 7d ORDINANCE NO. 91-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 70-33 OF THE CODE OF ORDINANCES, INCREASING THE NUMBER OF CLASSIFIED PERSONNEL IN THE POLICE DEPARTMENT; 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. 91-2003 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Mayor asked that Item 8a be taken up at this time in order that Council consider the proposed Landmark guidelines prior to considering the related proposed ordinance. City Council recessed at 9:30 a.m. and reconvened at 9:55 a.m. Item 8a RESOLUTION NO. 113-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, RECOGNIZING AND ENDORSING THE LANDMARK & HISTORIC DISTRICT NOMINATION PROCEDURES AND THE DESIGN REVIEW PROCEDURES & GUIDELINES; 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. 113-2003 be passed. Motion seconded by Councilor Esther. Moved by Mayor Altman to amend the proposed resolution under the Design Review Guidelines at Section 1 Design Review Procedures and Application Process, "Application Procedure for Administrative Design Review/Certificate of Appropriateness For Districts". Delete the last sentence in the last paragraph. Said paragraph would read: "A final alternative for appeal is to City Council. The applicant must file written notice of appeal within 30 days from the Landmark Commission's ruling/action with the City Clerk's office." (Page 53 of 77 in Council Agenda Book) Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None 170 Item 8a continued Moved by Mayor Altman to amend proposed resolution at Section 1 "District Design Review Volunteer Committee, second paragraph. Delete the following phrase in the first sentence of the second paragraph: "with a fixed term limit of one consecutive reappointment by a majority vote of the commission" and delete the word "former" in the last sentence. Those sentences would read as follows: "Appointments by the Landmark Commission to the various local historic district Design Review Committee(s) will be for a term of three years." " Reappointment of Design Review Committee volunteers may be considered—term limits shall be governed by city council policy." (Page 48 of 77 in Council Agenda Book) Motion seconded by Councilor Hawkins. Diane Thueson, 2306 Robin, Landmark Commission member, explained their reasoning for the wording on the reappointments. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Moved by Councilor Hawkins to amend proposed resolution under the Nomination Procedures at Section 3 A. 1. b. "Application Procedures". Councilor Hawkins moved to add the following sentence at the end of the second paragraph: "Any owner whose property is included in an application for historic district designation may remove his property from consideration by the Council by filing written notice with the City Community Development Department at least one day prior to the date of the Commission meeting to hear the application. In the event the property is thereafter sold or conveyed to another party, the property shall immediately be included in the historic district and must comply with all the requirements of the district." (Page 9 of 77 in the Council Agenda Book) Motion seconded by Councilor Williams. Mayor perceived a constitutional problem with this amendment because a limitation would be placed on the property without notice. There are no filing requirements on property titles; this is a guideline booklet. You are putting an encumbrance upon property when it is sold with no legal requirement of notice. City Attorney felt that there was some truth to that but the district, if subsequently approved, would be filed as part of the ordinance, which would be filed or a matter of public record. Regarding the prospective buyer not having real notice of this condition he agreed with the Mayor. Mayor thought that, constitutionally, somebody could raise a significant question if they are buying property then are told that they have to go into a district because of a guideline booklet. Someone could raise a serous constitutional question. Councilor Hawkins said this was the system that is used in other cities very successfully and a realtor would be required to divulge that. Mayor felt that another procedural problem would be that there is no ordinance that automatically requires that property to be included and the use of guidelines would not put it into a historical district because it still takes affirmative action by the Landmark Commission and the Council. City Attorney added that another problem would be that the City would not be aware of that conveyance to keep up with those transactions to know whether that property is in the district or not. It would obligate the City to track the property transaction records for that district and I don't know how we would do that. Mayor Altman offered a substitute motion to Councilor Hawkins' amendment. Mayor moved to amend Section 3 A. 1. b. by replacing the second paragraph with the following paragraph: "The Landmark Commission requires that Historic District nomination applications include Property Owner Consent Forms for each property before an application is considered complete. The completed Property Consent Forms shall be submitted as a component of the Historic District nomination application. A Property Owner Consent Form is included within this Procedural Booklet (Appendix D) and must be used, or an approved alternative used, for obtaining property owner consent by the applicant." (Page 9 of 77 in the Council Agenda Book) Motion seconded by Councilor Burns. 171 Item 8a continued Mayor noted that these are guidelines that we are voting on, and that the ordinance itself says that the Landmark Commission can accept, reject, conditionally approve i.e. modify an application. If a person opts out under Councilor Hawkins' amendment the Landmark Commission or the City Council under the ordinance can still put that property in a landmark district. Any future Council could do that.This amendment affirmatively signifies where the people are consenting so that you have a record of people consenting to put their property in a district. Knowing that the property would pass with subsequent owners. I think it is a cleaner form and it avoids what I perceive a significant constitutional notice issue on people buying property. Discussion ensued regarding both amendments. Baxter Featherston, 4212 Picasso, Texas Association of Realtors (TAR) member, said he had spoken with the Vice President of Governmental Affairs of TAR and their concern is the citizens' rights. He informed that there is a state law that requires that a seller has to disclose anything that affects the value of their house when they sell it; a sellers disclosure statement. Therefore, a seller has to disclose that this property is automatically going into a historical district. As far as the City having to track this, 99% of the houses are sold through a title company and you just have to put them on notice and you have your tracking system. Ken Dowdy, Vice Chair of Landmark Commission, stated that their recommendation was the 75% requirement without an opt in or opt out provision. Motion on the amendment to the amendment failed by the following vote. Ayes: Mayor Altman and Councilor Burns Nays: Williams, Ammons, Esther, and Hawkins Motion on the original amendment passed by the following vote. Ayes: Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: Mayor Altman Motion on the original motion as amended passed by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 7e ORDINANCE NO. 92-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 62, ARTICLES I, II AND III OF THE CODE OF ORDINANCES, REGARDING HISTORIC PRESERVATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 92-2003 be passed. Motion seconded by Councilor Ammons. Moved by Mayor Altman to amend Sec. 62-39 (6)(a) to read as follows: "(a) District Design Review Committee appointments shall be for a term of three years. Term limits shall be governed by city council policy." (Page 13 of 17 in the Council Agenda Book) Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Moved by Councilor Hawkins to amend Article III Section 62-39 by adding new paragraph 8 with the following wording: "Any owner whose property is included in an application for historic district designation may remove his property from consideration by the Commission by filing written 172 Item 7e continued notice with the City Community Development Department at least one day prior to the date of the Commission meeting to hear the application. In the event the property is thereafter sold or conveyed to another party, the property shall immediately be included in the historic district and must comply with all the requirements of the district." (Page 14 of 17 in the Council Agenda Book) Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Moved by Councilor Hawkins to amend Section 62-66 by renumbering item (b) to (c) and inserting the following verbiage as item (b): "Any owner whose property is included in an application for historic district designation may remove his property from consideration by the City Council by filing written notice with the City Community Development Department at least one day prior to the date of the City Council meeting to hear the application. In the event the property is thereafter sold or conveyed to another party, the property shall immediately be included in the historic district and must comply with all the requirements of the district." (Page 14 of 17 in the Council Agenda Book) Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Carolyn Looney, 1500 Hayes, asked when the district pays the money. Councilor Hawkins replied that it would be when ownership changed. Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Jan Schaaf, #4 Champions Court, asked Council to clarify on selling the property if it is a gift to a relative, etc. Mayor suggested that the Landmark Commission clarify the definition of"sale". He added that a sale is not a gift. City Council recessed at 11:15 a.m. and reconvened at 11:31 a.m. Councilor Esther became ill and was not in attendance for the remainder of the meeting. Item 8b RESOLUTION NO. 114-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, URGING SENATORS KAY BAILEY HUTCHISON AND JOHN CORNYN, CONGRESSMAN MAC THORNBERRY AND THE UNITED STATES CONGRESS TO END THE CURRENT MORATORIUM ON INTERNET SALES TAXES;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. 114-2003 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Burns, and Hawkins Nays: None 173 Item 8c RESOLUTION NO. 115-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE SETTLEMENT OF LAWSUITS AND CLAIMS BY THE CITY ATTORNEY'S OFFICE AND RISK MANAGEMENT OFFICE FOR AMOUNTS LESS THAN $25,000; 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. 115-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Burns, and Hawkins Nays: None Item 8d RESOLUTION NO. 116-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REJECTING THE BIDS FOR THE CITY'S INSURANCE COVERAGES, 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. 116-2003 be passed. Motion seconded by Councilor Ammons. Mayor suggested that Staff look at self-insurance in these areas. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Burns, and Hawkins Nays: None Item 8e RESOLUTION NO. 117-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE REHABILITATION OF PROPERTY LOCATED AT 1621 HAWES TO BUTCH'S HOME IMPROVEMENT IN THE AMOUNT OF $33,602.00; AND FOR THE REHABILITATION OF PROPERTY LOCATED AT 1954 HINES TO GIBBS CONSTRUCTION IN THE AMOUNT OF $56,480.60; 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. 117-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Burns, and Hawkins Nays: None 174 Item 8f RESOLUTION NO. 118-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM INDUSTRY; 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.118-2003 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Burns, and Hawkins Nays: None Item 8g RESOLUTION NO. 119-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN AMENDMENT TO THE FY 2002-2003 BUDGET FOR THE WICHITA FALLS (413) SALES TAX CORPORATION 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 Moved by Councilor Hawkins that Resolution No.119-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Burns, and Hawkins Nays: None Item 8h RESOLUTION NO. 120-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A WATER PURCHASE CONTRACT WITH THE CITY OF IOWA 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. 120-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Burns, and Hawkins Nays: None 175 Item 8i RESOLUTION NO. 121-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE MEMBRANE CLARIFIER AT CYPRESS WATER TREATMENT PLANT PROJECT, CWF 03-544-25; 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. 121-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Burns, and Hawkins Nays: None Item 9a Councilor Ammons mentioned a citizen's call regarding her home being shot at three different times. There is some gang activity at the house across from her, which is a rental, and she wanted to know if there was any recourse available. Councilor Ammons said that she was asking Council for their ideas. Councilor Williams said it was the same thing as was happening at the Eastside Boys & Girls Club. She suggested strong neighborhood groups; notify the homeowners about the activities out there and ask them to participate. Mayor commented that the Council is doing a lot by adding staff to the Police Department, and the Chief has tried to refocus his officers in those areas. The Chief continues to work on programs to stop this activity and is working with the District Attorney as well. Chief Coughlin informed that they have started a process that can be moved into the gang areas. He explained the process and stated that they are trying to find funds so that they can put more resources to work on gang activities. Councilor Hawkins added that property owners have the option of eviction when there is an arrest. Councilor Hawkins mentioned the 1-44 construction stating that he is very proud of the improvement. He asked people to drive carefully because there have been a lot of wrecks out there. Councilor Hawkins stated that he disagrees with Mr. Leiker's letter regarding City's bus route to the North side. He felt that the residents of District 5 are being shorted on bus service. Councilor Hawkins asked that Staff look into allowing shotguns and bows and arrows on land leased for grazing. He said he was referring to those lots that have 200+ acres. City Manager stated that Staff has looked at that and any time you allow people hunting it seems to be a big liability as well as enforceability issue. We are trying to close hunting, especially at the lakes. I would recommend that you not allow it. Councilor Hawkins said he would endorse no rifle hunting on the leases, but supports shotguns, bows and arrows. City Manager said that if that is what Council wants he would take Council's direction, but he recommends against it. Councilor Hawkins asked the residents of District 5 to volunteer to serve on the City's boards and commissions, noting that District 5 and 2 were notably lacking on applicants. Councilor Williams asked that Mr. Scott Taylor check on the alley work being done probably to the detriment of any other citizen behind a city employee's property and that he take appropriate action. We just need to make sure there is no problem. She asked that he notify her. Mayor felt that Council had a great discussion on the Landmark Ordinance. There is not a right or wrong way to do things just a different way. One of the strengths of this Council is that when everyone gets involved in vigorous discussion we have a great result, and we have the ability to put those issues behind us and move on to the next issue. I appreciate the harmony and spirit of cooperation on the Landmark Commission Ordinance. Mayor thanked Mrs. Shipman's first grade class from Cunningham School for the delightful and unique letter they sent him. i 176 Item 9b Mr. Scott Taylor gave an update report on the Water System Improvements Projects. Mayor announced that this concluded the televised portion of this meeting. Item 10 No one signed up to speak under Public Comments. Item 11 a City Council went into Executive Session at 1:15 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 2:33 p. m. Mayor announced that no votes were taken in Executive Session. City Council adjourned at 2: 34 p.m. PASSED AND APPROVED this day of 2003. WILLIAM K. ALTMAN MAYOR ATTEST: Aka, ) L ULU2 Lydia Torres City Clerk 1 1 1 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 16, 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 Ken Hildebrand University United Methodist Church 3. Presentations: Transportation Alternating Fuel Study 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Authorizing The City Manager To Execute A Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons. (City Council Bill #216) b. Resolution Awarding Bid And Contract For The 2003 Alley Rehabilitation Project, CWF 03-530-20. (City Council Bill #217) 6. Receive Minutes: a. Landmark Commission — August 25, 2003 b. Wichita Falls Park Board Meeting — June 26, 2003 c. Wichita Falls Economic Development Corporation — August 18, 2003 REGULAR AGENDA City Council Agenda Tuesday, September 16, 2003 Page 2 7. Ordinances: a. Ordinance Designating The Marchman Building, Located At 925 Lamar Street As A Wichita Falls Landmark. (City Council Bill #218) b. Ordinance Making Appropriation In the Special Revenue Fund For Additional Grant Revenue From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #219) c. Ordinance Closing, Abandoning And Vacating A 25-Foot By 165-Foot Section Of An Alley Adjacent To Lots 5 And 6 Out Of Block 255, Gulley & James Subdivision, Such Lots Also Known As 1508 And 1510 Eleventh Street. (City Council Bill #220) d. Ordinance Amending Section 70-33 Of The Code Of Ordinances, Increasing The Number Of Classified Personnel In The Police Department. (City Council Bill #221) e. Ordinance Amending Chapter 62- Historic Preservation, Of The Code Of Ordinances To Address the Nomination of Historic Districts and Design Review Procedures. (City Council Bill #222) 8. Resolutions: a. A Resolution Endorsing The Landmark & Historic District Nomination Procedures And The Design Review Procedures & Guidelines. (City Council Bill #223) b. Resolution Urging The United States Congress To End The Current Moratorium On Internet Sales Taxes. (City Council Bill #224) c. Resolution Authorizing The Settlement Of Lawsuits And Claims By The City Attorney's Office And Risk Management Office For Amounts Less Than $25,000. (City Council Bill #225) d. Resolution To Reject The Bid For The City's Insurance Coverages. (City Council Bill #226) City Council Agenda Tuesday, September 16, 2003 Page 3 e. Resolution Authorizing Award Of Bids For The Rehabilitation Of Property Located At 1621 Hawes And 1954 Hines. (City Council Bill #227) f. Resolution Authorizing The City Manager To Execute Contracts With Several Community Service Organizations And Organizations That Promote The Convention And Tourism Industry. (City Council Bill #228) g. Resolution Approving An Amendment To The FY 2002-2003 Budget For The Wichita Falls (413) Sales Tax Corporation For A Two-Way Radio Project. (City Council Bill #229) h. Resolution Of The City Council Of The City Of Wichita Falls, Texas, Approving A Water Purchase Contract With The City Of Iowa Park. (City Council Bill #230) i. Resolution To Award Bid And Contract For The Membrane Clarifier At Cypress Water Treatment Plant Project, CWF 03- 544-25. (City Council Bill #231) 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. End Of Televised Segment 10. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. 11 . Executive Session: a. Deliberate The Evaluation Of The City Council Appointed Officials As Authorized By Section 551.074 Of The Texas Government Code. RESUME TELEVISED SEGMENT 12. Adjourn. City Council Agenda Tuesday, September 16, 2003 Page 4 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