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Min 10/21/2003 189 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building October 21, 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 Pastor George Davis, New Harvest Church, gave the invocation. Item 3 Mayor proclaimed the month of October 2003 as "Fire Prevention Month" in Wichita Falls. He encouraged citizens to become involved in fire safety education. Fire Marshall David Collins accepted the proclamation and gave a brief history on the fire prevention contests. He thanked everyone involved in this event. He gave special thanks to Mr. Chuck Dennis for refurbishing the fire mobile unit that is used in educating children and adults on fire safety. Mr. Dennis mentioned that this project began in 1991 by the North Texas Home Builders Association and later joined by Rotary North and the Junior League. Mayor Altman and Councilor Norrie presented the winners of the Fire Prevention Poster and Essay Contest with certificates and small tokens. Bible Baptist School winners were presented a plaque for their 30-second Public Service Announcement wining entry. Mayor informed that October was Disabilities Awareness Month, and he thanked Mrs. Pat Haywood and the Association of Retarded Citizens for recognizing employees this month. Item 4 The Minutes were approved as distributed. Councilor Esther stepped out of Council Chambers. 190 Items 5-6c City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Burns, and Hawkins Nays: None Item 5a RESOLUTION NO. 134-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE NORTH BEVERLY AND LAKE KICKAPOO PUMP STATION REWIRE AND MOTOR STARTER REPLACEMENT PROJECT (CWF 03-550-27); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 6a-6c Minutes of the following board and commission meetings were received. a. Wichita Falls Arts Commission —October 9, 2003 b. Wichita Falls Traffic Safety Commission —August 6, 2003 c. Wichita Falls Park Board —September 25, 2003 Councilor Esther returned to Council Chambers. Item 7a RESOLUTION NO. 135-2003 RESOLUTION APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS WITH SUCH AGENCIES; 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.135-2003 be passed. Motion seconded by Councilor Williams and carried by the following votes. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7b RESOLUTION NO. 136-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING A POLICY FOR THE SALE OF CITY-OWNED PROPERTY TO AN ABUTTING PROPERTY OWNER; 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. 136-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins 191 Item 7b continued. Nays: None Item 7c RESOLUTION NO. 137-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE LUCY PARK LOG CABIN RENTAL AGREEMENT; 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. 137-2003 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 7d A proposed resolution was presented 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. Moved by Councilor Ammons that proposed resolution be passed. Motion seconded by Councilor Norrie. Council asked for a report on the Water Improvement District, including a history, board make-up, responsibilities, policies, insurance, etc. Moved by Councilor Hawkins that the proposed resolution be tabled pending report. 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 7e This item was deferred until after the Executive Session. Item 7f RESOLUTION NO. 139-2003 A RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF WICHITA FALLS Moved by Councilor Ammons that Resolution No.139-2003 be passed. Motion seconded by Councilor Esther. Murphy Davis, City's Financial Advisor, explained the process and the reason that the City had to go to the market instead of the 4B Board. In essence, the City is lending its credibility to get the lowest possible rate of financing that is available. 192 Item 7f continued. Mayor clarified that the City is issuing certificates of obligation and guaranteeing to pay them. At the same time the City will enter into a contract with the 4B Board to pay off these notes. We have a contract that will pay these bonds off. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7 RESOLUTION NO. 140-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A TYMCO REGENERATIVE AIR STREET SWEEPER IN THE AMOUNT OF $127,712.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 140-2003 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 7h RESOLUTION NO. 141-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING RESOLUTION NUMBER 119-2003, MODIFYING THE 4B BOARD'S TWO-WAY RADIO PROJECT BUDGET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 141-2003 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 8a Councilor Ammons invited everyone to the Holt Hotel Fundraising Party taking place at the Holt on October 25 from 10 a.m. to 2:00 p.m. Councilor Burns mentioned that Midwestern State University had its home coming game last week and the attendance was remarkable. MSU won the game. He encouraged everyone to support our local University team, as well as other MSU events. Councilor Norrie was pleased with the recognition of the children this morning. He reminded everyone that the Rustlers have a Friday and Saturday game in Ft. Worth and there will be open skating at the Coliseum. He informed that hockey teams are now forming for all ages including adults, and the schedule is being run on the City Channel. Councilor Esther was glad that the grass issue is being addressed and that street equipment to clean up the grass clippings is being purchased. He suggested that a schedule be 193 Item 8a continued set up for this sweeper and that tickets be issued to vehicles which are not moved and preventing sweeping on the streets. Councilor Hawkins asked that staff check into the time frame to obtain electric service in Wichita Falls. He asked that the staff work with TXDOT to move the Loop 11 project up on the list of construction projects, especially the roadwork on Airport Drive crossing 1-44. It is getting to be a bad traffic jam in that area. He asked that the Water Improvement District report also include a breakdown on the income versus expenses to the City. Councilor Hawkins urged everyone to make a donation to the Holt Hotel Project. Councilor Williams and Councilor Hawkins pledged $100 each. Councilor Hawkins informed that the Maskat Shriners had fed the MSU football team and they are the nicest men you would want to meet. The team feels that they are not only representing the University but the entire City. Councilor Hawkins thanked the City Manager and the Mayor for their help at MPEC when the Shrine Circus was at the Coliseum. We appreciate the work and support and sponsors who helped bring the circus here. Councilor Williams informed that "Make a Difference Day" would be October 25 and encouraged everyone to get involved in this cleanup campaign in our City. Councilor Williams mentioned that Mr. Dave Clark had taken her on a tour of six houses that are being repaired for low-to-moderate income persons. She said this is a very good effort on our part and she thanked Mr. Clark for the tour and suggested that other Councilors call him for the same tour. Mr. Jerry Vandiver provided information on the "Make a Difference Day" campaign in Wichita Falls. Mayor asked for a report on the current status of the lake level situation. Also, if we get below the 50% level inform on what the plans are for bringing in Lake Kemp water and how the Cypress construction will or will not affect that process. Item 8b City Manager informed that this past weekend MPEC came through a big concert event, which was almost sold out. All three MPEC facilities were in use at the same time and we had over 300 people working there this weekend. City Manager informed that he is planning a Council tour to the Public Safety Building after the next Council meeting, which should last approximately 1 Y2 hours. He asked Council to let staff know what other areas they wished to tour. Mr. Scott Taylor reported that the lake level is at 51.1% and they have prepared the notice and water zone map for mailing. The notices will be mailed next week and we will have to implement the Drought Contingency Plan. The Plan does not call for us to use Lake Kemp until we get to a 40% lake level. Mayor announced that this concluded the televised portion of this meeting. Item 9 Randy Stevens, 2400 Roosevelt, Arlington, TX, thanked the City for providing housing. He stated that the reception from the City is outstanding and it has made a difference. I would like to thank Mr. Dave Clark and his staff because he knows and understands, and he takes the extra effort to provide a better than yeoman's job. He does an excellent job for the City of Wichita Falls. 194 Item 10a City Council went into Executive Session at 10:15 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:37 a.m. Mayor announced that no votes were taken in Executive Session. Item 7e RESOLUTION NO.138-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING SALARY ADJUSTMENTS TO COUNCIL APPOINTEES; 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. 138-2003 be passed. Motion seconded by Councilor Esther. Moved by Councilor Burns to amend Section 1 of the proposed resolution by inserting the following clause: "The annual salary of the City Manager is set at $146,562.00. The annual salary of the City Attorney is set at $106,965.00. The annual salary of the City Clerk is set at $50,834.00. The annual salary of the Municipal Judge is set at $71,610.00." Motion seconded by Mayor Altman 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 Mayor stated that he would recommend that next year the Council appointees' evaluations begin in late summer so that they can be finished before the adoption of the budget and any adjustments can be made prior to adoption of the budget. Councilor Hawkins recommended that in the future the resolution reflect "setting the salaries" of the Council appointees instead of reflecting "salary adjustments". City Council adjourned at 10:47 a.m. PASSED AND APPROVED this day of 2003. WILLIAM K. ALTMAN MAYOR ATTEST: A LA..�LL 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 21, 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 George Davis New Harvest Church 3. Presentations: 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Awarding Bid And Contract For The North Beverly And Lake Kickapoo Pump Station Rewire And Motor Starter Replacement Project. (CWF 03-550-27). (City Council Bill #261) 6. Receive Minutes: a. Wichita Falls Arts Commission — October 9, 2003 b. Wichita Falls Traffic Safety Commission — August 6, 2003 c. Wichita Falls Park Board — September 25, 2003 REGULAR AGENDA 7. Resolutions: a. Resolution Approving Certain Grants To Arts Agencies As Recommended By The Wichita Falls Arts Commission And City Council Agenda Tuesday, October 21, 2003 Page 2 Authorizing The City Manager To Enter Into Contracts With Such Agencies. (City Council Bill #262) b. Resolution Establishing A Policy For The Sale Of City- Owned Property To An Abutting Property Owner. (City Council Bill #263) c. Resolution Amending The Lucy Park Log Cabin Rental Agreement. (City Council Bill #264) d. 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 #265) e. Resolution Making Salary Adjustments To Council Appointees. (City Council Bill #266) f. Resolution Directing Publication Of Notice Of Intention To Issue Certificates Of Obligation Of The City Of Wichita Falls. (City Council Bill #267) g. Resolution Authorizing The Purchase Of A TYMCO Regenerative Air Street Sweeper Through Houston- Galveston Area Council Cooperative Purchasing Program, In The Amount Of $127,712.00. (City Council Bill #268) h. Resolution Amending Resolution Number 119-2003, Modifying The 4B Board's Two-Way Radio Project Budget. (City Council Bill #269) 8. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. End Of Televised Segment 9. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. City Council Agenda Tuesday, October 21, 2003 Page 3 10. 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 11 . 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