Loading...
Min 10/07/2003 177 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building October 7, 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 Councilor James Esther gave the invocation. Item 3 Mr. Rickie Herd, Park Project Coordinator, Parks and Recreation was recognized as employee of the month for October 2003. Mayor presented Mr. Herd with a plaque, City pin, check, dinner for two, and golf passes. Mayor proclaimed the month of October as "Domestic Violence Awareness Month" in Wichita Falls. Jane Rivers, First Step Training Coordinator and Chief Coughlin, board member, were present and received the proclamation. Ms. Rivers thanked the Mayor and Council for the proclamation and invited everyone to participate in the candlelight vigil in memory of the victims who have lost their lives as a result of domestic violence and for the survivors of relationship violence and sexual assault on October 9, 2003 at the First Step Administration and Counseling Center. Item 4 The Minutes were approved as distributed. Item 5-6b City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Esther requested that Item 6b be moved to the Regular Agenda. Moved by Councilor Esther that the Consent Agenda be approved with the exception of Item 6b. 178 Items 5-6b continued 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 5a RESOLUTION NO. 122-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE ELEVATOR REPLACEMENT PROJECT (CWF 03-100- 08) AND AUTHORIZING FINAL PAYMENT TO THYSSENKRUPP ELEVATOR CORPORATION; 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. 123-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE LUCY PARK DUCK POND RETAINING WALL PROJECT (CWF 03-280-02) AND AUTHORIZING FINAL PAYMENT TO FREEMAN CONSTRUCTION COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5c RESOLUTION NO. 124-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE CITY'S ESTIMATED ANNUAL REQUIREMENT OF AUTOMOTIVE FILTERS AND CANISTERS TO MAKENA SALES COMPANY, IN THE AMOUNT OF $63,985.94; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a Minutes of the Library Advisory Board September 23, 2003 meeting were received. Item 6b Moved by Councilor Williams that the minutes of Planning & Zoning Commission September 10, 2003 meeting be received. Motion seconded by Councilor Williams. Councilor Esther questioned the wording where Mr. Bradberry had made a motion to table and Mr. Nelson seconded. The wording reflected that the vote was unanimous in favor of approval, which left the impression that the item had been approved instead of tabled. It was noted that the item had been tabled but the vote should have been worded more appropriately. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 179 Item 7a ORDINANCE NO. 93-2003 ORDINANCE MAKING APPROPRIATION IN THE SPECIAL REVENUE FUND FOR ADDITIONAL FUNDING AVAILABLE TO THE CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP) GRANT RECEIVED FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHSC) 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. 93-2003 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 7b ORDINANCE NO. 94-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES AT CHAPTER 14, ANIMALS, BY THE ADDITION OF DIVISION 4, ANIMAL SHELTER ADVISORY COMMITTEE, TO ARTICLE IV, ANIMAL CONTROL, PROVIDING FOR THE CREATION OF THE COMMITTEE; 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 Norrie that Ordinance No. 94-2003 be passed. Motion seconded by Councilor Ammons. Moved by Mayor Altman to amend the proposed ordinance at Section 14-322 by inserting in the first segment of the first sentence the following phrase after the word "persons": "appointed by the City Council". This segment would read: "The animal shelter advisory committee shall be composed of four (4) persons appointed by City Council with the following qualifications: . .". Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Williams to amend the proposed ordinance at Section 14-322 as follows: 1) Delete the number"four (4)" and insert the number"five (5)"; 2) Delete the word "and" in the last segment of the sentence and add the following phrase: " and one citizen representing the general public." The entire sentence would read: "The animal shelter advisory committee shall be composed of five (5) persons appointed by the City Council with the following qualifications: one veterinarian; one animal welfare organization representative; one city official, designated as the Local Rabies Control Authority of Wichita Falls (LRCA), as mandated by the Texas Health and Safety Code Section 826.017, one person whose duties include the daily operation of an animal shelter, and one citizen representing the general public." Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins 180 Item 7b continued Nays: None Item 7c ORDINANCE NO. 95-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 82-63 OF THE CODE OF ORDINANCES TO PERMITPOSTING OF SIGNS DURING A BUDDY WALK EVENT BY THE GREATER WICHITA FALLS DOWNS SYNDROME NETWORK IN LUCY PARK OCTOBER 18, 2003; FINDING AND DETERMINING THAT THE MEETING AT WHICH THISORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 95-2003 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 7d ORDINANCE NO. 96-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING LOT 9A AND PART OF LOT 8, BLOCK 46, SOUTHLAND ADDITION, ALSO KNOWN AS 1610 KELL BOULEVARD, AND 1.86 ACRES OF ADJACENT KELL RIGHT- OF-WAY, FROM LIMITED COMMERCIAL TO GENERAL COMMERCIAL CONDITIONED, AND AMENDING THE COMPREHENSIVE PLAN TO REFLECT COMMERCIAL LAND USE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THISORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 96-2003 be passed. Motion seconded by Councilor Esther. Councilor Hawkins asked that staff also look at Kemp Boulevard from Kell to Seymour Highway for consideration as General Commercial. He commented that if the City wanted to protect Southland Addition they needed to take the lead now. Councilor Ammons suggested that Planning & Zoning look at all those high traveled corridors in the City, instead of piece-mealing. Mr. Dave Clark stated that he would go back to Planning & Zoning and review the Land Use Plan. Councilor Norrie suggested that either a Council sub-committee or Planning & Zoning look at this section of area. Moved by Councilor Norrie to table the proposed ordinance for further review. Motion died for a lack of a second. Martin Litteken, Cornerstone Engineering representing the applicant, requested that this had been a lengthy process and requested that Council consider resolving this issue today. Main motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: Councilor Norrie 181 Councilor Ammons stepped out of Council Chambers. Item 7e ORDINANCE NO. 97-2003 ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY2003 LOCAL LAW ENFORCEMENT BLOCK GRANT AND TO APPROPRIATE $61,603.00 IN THE SPECIAL REVENUE FUND OF 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. 97-2003 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Councilor Ammons returned to Council Chambers. Item 7f ORDINANCE NO. 98-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, VACATING, AND ABANDONING APPROXIMATELY A 22 SQUARE FOOT AREA OF A 50 FOOT WIDE RAW WATER LINE EASEMENT LOCATED AT 5014 BAYBERRY DRIVE, WICHITA FALLS, WICHITA COUNTY, TEXAS; ALSO KNOWN AS LOT 55-A, BLOCK 7, SUMMERFIELD ESTATES 5-B; 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. 98-2003 be passed. Motion seconded by Councilor Burns. After questions regarding this process, Mr. Dave Clark explained that the applicant provides a site plan to staff and we take that plan to be correct. If staff goes out and checks each one it would take additional staff time. We assume that what is submitted to us is correct. Councilor Williams expressed concern that if those assumptions are made anyone can encroach and then ask for forgiveness. Mr. Clark stated that the times this happens are rare. Councilor Williams commented that we don't know that. Mr. Clark further explained that there are requirements for a survey and inspections are done in the field but are not done on survey type. 99% of the time it works and this is the 1% that it did not work. Mayor stated that this information helps put folks on notice that Council is not going to allow this. Councilor Ammons informed that this house had been sold three times and this is the first time we found the encroachment. Any time this comes up we need to tell the people that there is a minimum fee of$1,000, It should be kept in escrow. I do not know why this was not caught previously. It was emphasized that there is a $1,000 minimum fee that will be kept on escrow for encroachments. Mayor stated that the main reason he brought this up was to tell builders and contractors to be vigilant because the Council will look at encroachments severely. Mrs. Pat Hoffman informed that the $1,000 minimum fee had been discussed and it was decided that it would be used as a minimum. Councilors Norrie and Hawkins stepped out of Council Chambers. Mayor directed Legal to prepare a resolution or ordinance to reflect a minimum fee. Motion carried by the following vote. 182 Item 7f continued Ayes: Mayor Altman, Councilors, Ammons, Esther, and Burns Nays: Councilor Williams City Council recessed at 9:40 a.m. and reconvened at 10:00 a.m. Item 7q A proposed ordinance was presented amending Part II of the Code of Ordinances, Chapter 22, Buildings and Building Regulations, at Article V, Mechanical Code; by making certain additions, deletions and amendments. Moved by Councilor Williams that proposed ordinance be passed. Motion seconded by Councilor Ammons. Mayor asked if the affected groups had been notified. Mr. Dave Clark responded that these groups are represented on the Construction Board of Appeals. He added that they have had questions and encouragement from the construction groups. Mayor asked that appropriate information such as notification to the affected groups be noted in the commentary. He also asked that verbiage that is being deleted be left in the ordinance/resolution with strikethroughs as well as noting when items are deleted and placed in other areas of the document. Councilor Ammons wanted to make certain that the persons being contacted for input were not always the same ones. She asked that a notice be placed on the City Channel informing interested persons to volunteer to review proposed changes. Moved by Councilor Norrie to table the proposed ordinance. Motion seconded by Councilor Williams. Mayor noted that a motion to table was good for two meetings. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7h No action was taken on this item regarding amendments to the Gas Code. Item 7i No action was taken on this item regarding amendments to the Fire Code. Item 71 No action was taken on this item regarding amendments to the Building Code. 183 Item 7k No action was taken on this item regarding amendments to the Residential Codes. Item 71 No action was taken on this item regarding amendments to the Plumbing Code. Item 8a RESOLUTION NO. 125-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ENDORSING AN APPLICATION TO THE 4B BOARD OF DIRECTORS FOR A COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM; 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. 125-2003 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 8b RESOLUTION NO. 126 -2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF DIGITAL VIDEO RECORDING SYSTEMS FOR PUBLIC TRANSIT BUSES FROM ZEPCO SALES & SERVICE IN THE AMOUNT OF $51,411.95; 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.126-2003 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 8c A proposed resolution was presented authorizing a tax abatement agreement between the City of Wichita Falls and Warner Electric, Inc. Moved by Councilor Hawkins that proposed resolution be passed. Motion seconded by Councilor Williams. Mayor stated that he did not have knowledge about this agreement until he received his agenda. The standard agreement has been a ten year agreement. He suggested that this be tabled for further review. Councilor Hawkins asked if there was an advantage to the City as well as Wichita Clutch to use this progressive agreement of five years instead of ten. 184 Item 8c continued Mark Stuebe, Wichita Clutch, replied that in order for them to be cost competitive they asked for five years instead of ten. We operate on a shorter horizon. Moved by Mayor Altman to table the proposed resolution. 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 8d RESOLUTION NO. 127-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE NORTH CENTRAL TEXAS MEDICAL FOUNDATION FOR THE PROVISION OF MEDICAL SERVICES TO THE WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH DISTRICT; FINDING AND DETERMINING THAT THE MEETING AT WHICHTHIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved b Councilor Williams that Resolution No. 127-2003 be passed. Y Motion seconded by Councilor Esther. Mrs. Barbara Clements, Health Director, requested that the agreement be amended by changing the start date from September 1, 2003 to October 1, 2003 and the end date from August 2005 to September 2005. We have been paying them quarterly and they have asked for monthly payments. Moved by Councilor Burns to amend the agreement by changing the start date from September 1, 2003 to October 1, 2003 and the end date from August 2005 to September 2005. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8e RESOLUTION NO. 128-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER PROJECT, INC. FOR DELIVERIES OF ELECTRICITY EFECTIVE JANUARY 1, 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 Williams that Resolution No. 128-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. 185 Item 8e continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8f RESOLUTION NO. 129-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A HEAVY- DUTY TRANSIT BUS FROM LASSETER BUS COMPANY, IN THE AMOUNT OF $170,940.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 129-2003 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 8g RESOLUTION NO. 130-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BIDS FOR THREE GRAZING LEASES AT LAKE ARROWHEAD FOR A FIVE-YEAR PERIOD BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2008; 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. 130-2003 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 8h RESOLUTION NO. 131 -2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE CITY'S ESTIMATED ANNUAL REQUIREMENT OF LUBRICATION PRODUCTS TO OLMSTEAD OIL COMPANY, IN THE AMOUNT OF $55,239.30; 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. 131-2003 be passed Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 186 Item 8i This item was taken off the agenda by the City Manager. Item 8i RESOLUTION NO. 132-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH URS CORPORATION TO PROVIDE CONSTRUCTION QUALITY ASSURANCE TESTING AND RESIDENT PROJECT REPRESENTATIVE (RPR) SERVICES IN CONJUCTION WITH THE TAXIWAY B 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. 132-2003 be passed Motion seconded by Councilor Norrie. Mr. Darron Leiker noted that the amount in the resolution needed to be changed from $70,000 to $67,500. Councilor Hawkins commented that the City needed a building maintenance supervisor to inspect entire projects like this one. Mr. Scott Taylor explained that Public Works was unable to oversee this project because they have too many projects in progress, however he is a proponent of a third party whether the City or someone else. Moved by Councilor Hawkins to amend the proposed resolution by changing the amount in Section 1 from $70,000 to $67,500. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8k RESOLUTION NO. 133-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND PROPERTY BUREAU, INC., FOR THE ONLINE SALE OF ITEMS FROM THE POLICE DEPARTMENT'S PROPERTY AND EVIDENCE ROOM AND SURPLUS CITY NON-FLEET EQUIPMENT AND GENERAL MERCHANDISE; 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. 133-2003 be passed Motion seconded by Councilor Williams. Chief Coughlin stated that the City is not obligated to use the service, but they are trying to see how beneficial it is. Also, he is looking into the cost and ramifications of setting up a store for found and abandoned property. Chief Coughlin will provide Council an update report in April as to how this service is working. 187 Item 8k continued Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor commented that there had been a lot of supplements at this meeting than in the past and he asked that Staff work on this. Item 9a Councilor Esther asked that Staff look into solving the problem of grass clippings being left or swept into the sewers. Mr. Scott Taylor informed that the State is going to put out regulations that will address this and we will have to develop a storm water ordinance to protect the sewers. Councilor Williams stated that the City should take the initiative but property owners should take care of their own property and the City should take care of vacant lots. Councilor Esther asked Staff to be more vigilant about code violations such as cars parked on lawns. Councilor Hawkins said he had attended the dedication of the Wee-chi-tah sculpture at Berend's Landing and he feels it is a real plus for our City. Councilor Hawkins invited everyone to attend the Maskat Shrine Circus at the Kay Yeager Coliseum October 11. Councilor Williams was unable to attend the sculpture dedication because she was out of town, but she has seen it and feels the location is excellent. Councilor Williams invited everyone to participate in the "Clean Up" campaign October 25. Councilor Williams commented that the City and MPEC had been blamed for a matter regarding the ticket sales at a recent event. Mrs. Stricklin informed that the ticket company being used had a computer glitch and events all over the U.S. were affected. Mr. George Casper is looking into ways to prevent this from happening again. Councilor Williams stated that the City had gotten bad press and it needed to be addressed. She mentioned that there were some people who were waiting in line and had hooked on to MPEC electrical power and she asked how that had happened and if it would happen again. Mrs. Stricklin explained that was an oversight and it would not happen again. Mayor Altman informed that that issue would be discussed at their next MPEC Board meeting. He also informed that in today's competitive market in order to get big name performers, they demand certain prime tickets. MPEC contacted people who were in line and upgraded their tickets for better seats. The MPEC Board recognizes there is a problem and is looking into this situation. We are going to make every attempt to acknowledge the efforts of those people who stand waiting in line for tickets. Councilor Williams thanked Mr. Scott Taylor for taking care of a citizen's situation on Fairway. Councilor Ammons asked if the Sanitation Department would be providing roll-offs on October 25 for the "Clean Up" campaign. Councilor Williams informed that they were going to provide them within each Councilor's district. Councilor Ammons said that Dallas has a once a month pick up on big items and tree limbs and suggested that we do something similar. Councilor Williams suggested instead of once month that it be done quarterly. Councilor Ammons asked what the times were for open skating at the Coliseum. City Manager will have that information put on the City Channel. Councilor Burns thanked his wife for getting him through their daughter's wedding. Councilor Norrie asked that an explanation be given, for the benefit of the citizens, on the basis behind the water rate increase. Mayor Altman explained the need to increase water rates. 188 Item 9a continued Councilor Norrie thanked Mr. George Casper for handling the ticket situation. He mentioned that the Saturday night hockey game was great and he encouraged everyone to attend the hockey games. Mayor asked Staff to report high grass and weed violations on the main thoroughfares such as Kemp, Kell, Broad, etc. He asked the City Manager to work with Staff on that. Councilor Williams asked for a status report on the form she had requested to report code violations. Councilor Hawkins asked Staff to look at putting in some steps to get to the bridge from the trail to the Wee-chi-tah sculpture. Mayor stated that Council appreciates public comments. He added that this is a very conscientious Council. We try to do the right thing and correct what needs to be corrected. We appreciate your comments. Item 9b Mr. Scott Taylor gave an update on lake levels. He noted that the City needed to go into the first phase of the Drought Contingency Plan. Under this Plan we are required to mail out 40,000 copies of the water ordinance. He asked Council if he could mail a synopsis of the water ordinance instead of mailing the entire ordinance. Mayor suggested that they reference the City's website and put the entire ordinance on the website. You may need to validate that section of the ordinance at the next Council meeting. Item 10 No one signed up to speak under Public Comments. Item 11 a City Council went into Executive Session at 12:53 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 2:27 p. m. Mayor announced that no action or votes were taken in executive session. City Council adjourned at 2:29 p. 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, October 7, 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: Dr. Mike Evans Liberty Baptist Church 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Accepting The Elevator Replacement Project (CWF 03-100-08) And Authorizing Final Payment To Thyssenkrupp Elevator Corporation. (City Council Bill #235) b. Resolution Accepting The Lucy Park Duck Pond Retaining Wall Project (CWF 03-280-02) And Authorizing Final Payment To Freeman Construction Company. (City Council Bill #236) c. Resolution Authorizing Award Of Bid For The City's Estimated Annual Requirement Of Automotive Filters And Canisters To Makena Sales Company, In The Amount Of $63,985.94. (City Council Bill #237) 6. Receive Minutes: a. Library Advisory Board — September 23, 2003 b. Planning & Zoning Commission — September 10, 2003 City Council Agenda Tuesday, October 7, 2003 Page 2 REGULAR AGENDA 7. Ordinances: a. Ordinance Making Appropriation In The Special Revenue Fund for Additional Funding Available To The Children's Health Insurance Program (CHIP) Grant Received From The Department Of Health And Human Services (HHSC) And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #238) b. Ordinance Amending The Code Of Ordinances At Chapter 14, Animals, By The Addition Of Division 4, Animal Shelter Advisory Committee, To Article IV, Animal Control, Providing For The Creation Of The Committee; Providing For Inclusion In The Code. (City Council Bill #239) c. Ordinance Waiving Sec. 82-63 Of The Code Of Ordinances To Permit Posting Of Signs During A Buddy Walk Event By The Greater Wichita Falls Downs Syndrome Network In Lucy Park October 18, 2003. (City Council Bill #240) d. Ordinance Rezoning Lot 9A And Part Of Lot 8, Block 46, Southland Addition, Also Known As 1610 Kell Boulevard, And 1.86 Acres Of Adjacent Kell Right-Of-Way, From Limited Commercial To General Commercial Conditioned, And Amending Comprehensive Plan To Reflect Commercial Land Use. (City Council Bill #241 ) e. Ordinance Authorizing The City Manager To Accept A FY 2003 Local Law Enforcement Block Grant And To Appropriate $61,603.00 In The Special Revenue Fund Of The City. (City Council Bill #242) f. Ordinance Closing Approximately A 20 Square Foot Portion Of A 50-Foot Wide Waterline Easement That Has Been Encroached Upon By The House Located At 5014 Bayberry, Also Known as lot 55-A, Block 7, Summerfield Estates 5. (City Council Bill #243) g. Ordinance Amending Part II Of The Code Of Ordinances, Chapter 22, Buildings And Building Regulations, At Article V, Mechanical Code, By Making Certain Additions, City Council Agenda Tuesday, October 7, 2003 Page 3 Amendments, And Deletions Thereto. (City Council Bill #244) h. Ordinance Amending Part II Of The Code Of Ordinances, At Chapter 22, Buildings And Building Regulations, Article VII, Gas Code, By Making Certain Additions, Amendments, And Deletions Thereto. (City Council Bill #245) i. Ordinance Amending Part II Of The Code Of Ordinances, Chapter 50, Fire Prevention And Protection, At Article III, Fire Code, By Making Certain Additions, Amendments, And Deletions Thereto. (City Council Bill #246) j. Ordinance Amending Part II Of The Code Of Ordinances, Chapter 22, Buildings And Building Regulations, At Article II, Building Codes. (City Council Bill #247) k. Ordinance Amending Part II Of The Code Of Ordinances, At Chapter 22, Buildings And Building Regulations, Article XI, Residential Codes For One- Or Two-Family Dwellings, By Making Certain Additions, Amendments, And Deletions Thereto. (City Council Bill #248) I. Ordinance Amending Part II Of The Code Of Ordinances, At Chapter 22, Buildings And Building Regulations, Article IV, Plumbing Codes, By Making Certain Additions, Amendments, And Deletions Thereto. (City Council Bill #249) 8. Resolutions: a. Resolution Endorsing An Application To The 4B Board of Directors For A Computer Aided Dispatch and Records Management System. (City Council Bill #250) b. Resolution Authorizing The Purchase Of Digital Video Recording Systems For Public Transit Buses From Zepco Sales & Service, In The Amount Of $51 ,411.95. (City Council Bill #251) c. Resolution Authorizing A Tax Abatement Agreement Between The City Of Wichita Falls And Warner Electric, Inc. (City Council Bill #252) d. Resolution Authorizing The Execution Of A Memorandum Of Agreement Between The City Of Wichita Falls And The North Central Texas Medical Foundation, For The Provision City Council Agenda Tuesday, October 7, 2003 Page 4 Of Medical Services To The Wichita Falls-Wichita County Public Health District. (City Council Bill #253) e. Resolution Authorizing The City Manager Or His Designee To Execute An Electric Supply Agreement Pursuant To The Contract To Be Signed By Cities Aggregation Power Project, Inc., For Deliveries Of Electricity Effective January 1 , 2004. (City Council Bill #254) f. Resolution Authorizing Award Of Bid For A Heavy Duty Transit Bus To Lasseter Bus Company, Inc., In The Amount Of $170,940.00. (City Council Bill #255) g. Resolution To Award Bids For Grazing Leases At Lake Arrowhead. (City Council Bill #256) h. Resolution Authorizing Award Of Bid For The City's Estimated Annual Requirement Of Automotive Lubrication Products To Olmstead Oil Company, In The Amount Of $55,239.30. (City Council Bill #257) i. Resolution Approving Renewal and Extension of Contract for Operation and Maintenance of Jointly Owned Lake and Canal Systems by the City of Wichita Falls and Wichita County Water Improvement District No.2. (City Council Bill #258) j. Resolution Authorizing The City Manager To Execute An Agreement With URS Corporation For Construction Quality Assurance Testing and Resident Project Representative (RPR) Services In Conjunction With the Taxiway B Project At Kickapoo Downtown Airpark. (City Council Bill #259) k. Resolution Authorizing The City Manager To Execute A Contract Between The City Of Wichita Falls And Property Bureau, Inc., For The Sale Of Surplus City Non-Fleet Equipment And General Merchandise Online. (City Council Bill #260) 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. End Of Televised Segment City Council Agenda Tuesday, October 7, 2003 Page 5 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. 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