Loading...
Min 11/18/2003 204 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 18, 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 Charles Pierce, St. Mark's United Methodist Church, gave the invocation. Item 3 Mayor recognized Elmer Emory of the University Kiwanis Club who presented a check to the City of Wichita Falls in the amount of $5,000. These monies are proceeds from the University Kiwanis Club concessions. Mayor proclaimed Friday, November 21, 2003 as the "American Cancer Society's Great American Smoke Out" in Wichita County. Fernando Tezaguic from the City-County Public Health District accepted the proclamation. Item 4 The Minutes were approved as distributed. Items 5-6b City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 205 Items 5a-5e Minutes of the following board and commission meetings were received. a. Library Advisory Board —October 28, 2003 b. Wichita Falls Park Board — October 23, 2003 c. Water Resources Commission — May 1, 2003 d. Wichita Falls Traffic Safety Commission — October 1, 2003 e. Planning and Zoning Commission — October 8, 2003 Item 6a RESOLUTION NO. 148-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE 2003 CLARIFIER REHABILITATION PROJECT (RRWWTP) CWF04-550-01; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION NO. 149-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A PIPELINE LICENSE WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR A WATER LINE CROSSING AT ALEXANDRIA STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7j was taken out of order and considered at this time. Item 71 A proposed ordinance was presented to amend the Code of Ordinances at Article I, Chapter 94, to regulate the use of motor assisted scooters on any street, highway, or alley in the corporate limits of the City of Wichita Falls. Moved by Councilor Williams that proposed ordinance be passed. Motion seconded by Councilor Norrie. Dan Hash, 4006 Callfield Road, owner of Skooterville, spoke against this ordinance and asked Council to reexamine the procedures for operating electric and gas-powered scooters. This type of transportation can be used for short distances. It can also be a type of entertainment for our children instead of the television or the Internet. Council expressed concern that age limits and the speed of scooters complicate enforcement and would put an additional burden on our police officers. Councilor Hawkins felt that the scooters should fall under the State's recognition of scooters as motorized bicycles and follow the same rules. Councilor Norrie felt that the focus of this debate should be on the scooters that are powered at 20-25 mph. City Manager clarified that adults will still be able to operate these vehicles on the street. The proposed ordinance designates the age of 16 or older. The following 11 and 13 year olds presented a petition signed by persons protesting the proposed age restrictions on motorized scooters. They spoke against this ordinance. Elizabeth Lunn, age 11, 2204 Ellingham Taylor Bolin, age 12, 2301 Berkeley Connor Bishop, age 11, 2204 Berkeley Karmen Torres, age 12, 4606 Lake Park Drive 206 Item 7i continued Skip McCain, owner& operator of Audio Connections, 3000 Kemp Street, sells these machines and is in favor of keeping the machines that exceed 30 mph off roadways but disagrees with the age limit. Linda Tingle, 1011 Westerly Place, owns a scooter and spoke against the regulation of riding scooters on roadways that exceed 35 mph. This is her only means of transportation and she needs the ability to travel on certain roads. Councilor Williams commented that motorized vehicles are not allowed on the City trails. City Manager explained that when the City received federal funding for the trails we were not allowed to have motorized vehicles on the trails. Councilor Esther expressed concern with the safety factors relating to these type vehicles and the children driving them because in an accident a child could be impaired for life. He suggested that a committee be appointed to look into this and make recommendations as to what is best. Moved by Councilor Esther to table the proposed ordinance. Motion seconded by Councilor Ammons. Councilor Williams stated that this has nothing to do with moral issues; it has to do with safety issues. I want to make sure we have something on record so that I can know that I was not responsible for something happening to your children. Parents say they will supervise their children but many do not do it. What we do here is going to have an impact on children for many many years. I think it is going to get down to the age of children, but I think it will still be up to the parents as to the supervision. Also, what we do has to be without infringing on parental rights. My mind will not change on the younger age limit. Let's not create an issue where one does not exist. Councilor Burns agreed with Councilor Williams' comments. I would like to compliment the young folks who came up today; they did very well. Whether I agree with you or not I appreciate hearing your thoughts. Albert Jimenez, 2934 Moffett, wanted to know where they could take their children to ride the scooters. Councilor Williams replied that the age limit issue and where to ride them would have to be determined. Councilor Hawkins felt that if scooters were going to be restricted, then bikes, skates, and skateboards should also be included. He agreed to table this and volunteered to be on the committee. Mayor stated that this is a difficult problem. We have strict restrictions and requirements for cars but the bikes are much less restrictive. A balancing act is required because we want to provide an avenue of entertainment particularly for our youngsters, but we have to balance safety issues not only for the children but also for the driving public. Our charge would be to come up with something fair and as reasonable as possible. He suggested tabling this for two weeks in order to make modifications and listen to the public. He will appoint a committee to report back at the next Council meeting. Ken Parker, representing the WFISD Administration, stated that they have a problem with scooters in and among their school zones. If the children begin to ride their scooters to school, the combination of parents' cars and school buses is a situation that will need to be monitored very closely. The WFISD is open to letting the children ride their scooters in our parking lots and the stadium after school hours. He suggested that there be some ordinance to protect the children especially in and around our schools. We feel there needs to be some regulation of these scooters. When asked what the difference was between the bicycles and the scooters Mr. Parker replied that the bikes are a concern when you have to work with them, but the speed and the quickness with which these scooters can move in and out of traffic will create a problem, especially in our school zones and that is what we are concerned about. Councilor Williams stated that she hopes that anyone who hears this and has a parking lot, if they are closed on weekends, maybe they can offer them for the children to ride their scooters. Everything is going to have to depend on some supervision even on a parking lot. There are a lot of things that we need to look at and think about. 207 Item 7i continued Chief Coughlin does not think it is the Police Department's place to try to tell people what the law should or should not be. One thing that was mentioned was that the Police Department would have the responsibility to monitor and keep up with the speed of the scooter. It is going to be very difficult, but not impossible. If we go into this thing, it should go back on parental responsibility. There has to be some provision to hold the parents accountable when kids are not in conformance with regulations. In my opinion the streets are designed primarily for motor vehicles. Most of the people operating on the streets are not going to be very vigilant about scooters that may come scooting out in front of them. Chief Coughlin expressed a concern with children who are not experienced being on the streets and not knowing what to do in difficult situations. I do not think the Police are going to be able to provide all of the monitoring folks expect, it is unrealistic and will have to fall back more on the parental responsibility. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Council recessed at 9:35 a.m. and reconvened at 9:54 a.m. Item 8a was taken out of order and considered at this time. Item 8a RESOLUTION NO. 150-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED TO MIDWESTERN STATE UNIVERSITY FOR A 70' X 210' TRACT OUT OF EUREKA PLAZA ADDITION TO THE CITY OF WICHITA FALLS; 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.150-2003 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 7a ORDINANCE NO. 105-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $16,972 FOR THE CHILDREN'S HEALTH INSURANCE PROGRAM GRANT RECEIVED FROM THE HEALTH AND HUMAN SERVICE COMMISSION 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 Hawkins that Ordinance No. 105 -2003 be passed. Motion seconded by Councilor Williams. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 208 Item 7b ORDINANCE NO. 106-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND IN THE AMOUNT OF $3,532 FOR ADDITIONAL RYAN WHITE III GRANT REVENUE FROM TARRANT COUNTY 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. 106 -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 7c ORDINANCE NO. 107-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $145,347 FOR THE PREVENTION,COUNSELING, AND PARTNER ELICITATION (PCPE) GRANT RECEIVED FROM THE TEXAS DEPARTMENTOF 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. 107-2003 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 7d ORDINANCE NO. 108-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE COMPREHENSIVE CABLE FRANCHISE AGREEMENT WITH TIME WARNER ENTERTAINMENT- ADVANCE/NEWHOUSE PARTNERSHIP, AS ESTABLISHED BY ORDINANCE NO. 88-95, TO PROVIDE A FIVE-YEAR EXTENSION OF THE AGREEMENT; 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. 108-2003 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 209 Item 7e ORDINANCE NO. 109-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION (LONE STAR LIBRARIES PROGRAM), MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $9,121, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT; 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. 109-2003 be passed. Motion seconded by Councilor Ammons. Moved by Councilor Williams to amend proposed ordinance to reflect the amount of 9 121.00. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor asked that either Linda Hughes or a Library board member give a presentation of theTexshare program to Council at a future date. Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7f ORDINANCE NO. 110-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, 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 THERETO; 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 Norrie that Ordinance No.110-2003 be passed. Motion seconded by Councilor Ammons. Jackie Lebow, 1532 Sweetbriar, Construction Board of Adjustments and Appeals Chair, explained the process they had gone through to arrive at these recommended changes. In response to a Council request, Mr. Lebow explained the makeup of the committee members and the individual expertise they lend to this Board. Mr. Lebow noted the diversity of the Board with the varying professions represented and stated that each member is knowledgeable in their specific field and capable of working with the City Staff to make decisions concerning these codes. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 210 Item 7q ORDINANCE NO. 111-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, AT ARTICLE VII, GAS CODE, TO ADOPT THE 2000 INTERNATIONAL FUEL GAS CODE; 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 Williams that Ordinance No. 111-2003 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 7h ORDINANCE NO. 112-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, AT ARTICLE IV, PLUMBING CODES; 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. 112-2003 be passed. Motion seconded by Councilor Williams. Moved by Councilor Hawkins to amend proposed ordinance by replacing the last sentence of Section 312.9.1 Item 2. with the following verbiage: "Testing shall be conducted at the time of installation, then every five years thereafter. If the device is repaired or relocated, testing of the device shall be conducted at the time of repair or relocation, and every five years of service thereafter." 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 7i ORDINANCE NO. 113-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, AT ARTICLE II, BUILDING CODES; 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 211 Item 7i continued Moved by Councilor Williams that Ordinance No.113-2003 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 7k ORDINANCE NO. 114-2003 ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF WICHITA FALLS, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2003; APPROVING AND AUTHORIZING AN OFFICIAL STATEMENT AND THE DISTRIBUTION THEREOF, A BOND PURCHASE AGREEMENT; AND A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING AND AUTHORIZING ALL OTHER INSTRUMENTS AND PROCEDURES RELATED THERETO; DECLARING AN EMERGENCY; AND PROVIDING FOR AN IMMEDICATE EFFECTIVE DATE Moved by Councilor Williams that Ordinance No. 114-2003 be passed. Motion seconded by Councilor Esther. Murphy Davis, City Financial Advisor, explained that this ordinance would allow us to actually sell the bonds using the City's good credit rating to affect the lowest possible interest cost on the financing. He noted that 4B funds will be used fully to defease this debt. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 71 ORDINANCE NO. 115-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES AT CHAPTER 14, ANIMALS, AT SECTION 14-323, TERM OF OFFICE; MEETINGS, TO PROVIDE FOR TERM LIMIT FOR CITIZEN APPOINTMENT TO THE ANIMAL SHELTER ADVISORY COMMITTEE; 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. 115-2003 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 212 Item 8b RESOLUTION NO. 151-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE 2003 CDBG STREET REHABILITATION PROJECT AND AUTHORIZING FINAL PAYMENT TO FREEMAN CONSTRUCTION CO.; 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. 151-2003 be passed. Motion seconded by Councilor Norrie. Mr. Scott Taylor informed that the contractor went over in time and is being assessed five days liquidated damages, which equates to $1,200.00. The contractor's job performance is in question. Mayor requested that the Public Works Director and City Attorney compile a history for the Council on both the work, quality and time completion of this contractor. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8c RESOLUTION NO. 152-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE HOLIDAY CREEK PEDESTRIAN & BICYCLE TRAIL PROJECT PHASE 4 AND AUTHORIZING FINAL PAYMENT TO FREEMAN CONSTRUCTION CO.; 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. 152-2003 be passed. Motion seconded by Councilor Hawkins. Mr. Scott Taylor informed Council that once again, the contractor went over in time and is being assessed seventy days in liquidated damages, which equates to $16,800.00. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d RESOLUTION NO. 153-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE CONVEYANCE OF THE TEPPCO CRUDE PIPELINE, L.P. AND EASEMENTS TO THE CITY OF WICHITA FALLS; 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.153-2003 be passed. Motion seconded by Councilor Williams. 213 Item 8d continued Mr. Scott Taylor informed that the City could save as much as $7 million in acquisition of property if this resolution is approved. City Attorney noted that the agreement would be dated 2003 and not 2002 as it is in the agenda book. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8e RESOLUTION NO. 154-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BUNDY, YOUNG, SIMS & POTTER, INC. FOR ARCHITECTURAL SERVICES FOR THE REROOFING OF THE CITY OF WICHITA FALLS PUBLIC LIBRARY; 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. 154-2003 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 RESOLUTION NO. 155-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ENGINEERING SERVICES CONTRACT WITH BIGGS & MATHEWS, INC. FOR PHASES 6, 7, 8, 9, 10, AND 11 FOR THE LANDFILL EXPANSION AMENDMENT OF THE CITY OF WICHITA FALLS SANITARY LANDFILL (PERMIT 1428); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Mayor stepped out of Council Chambers. Mayor Pro Tern Burns presided over the meeting. Moved by Councilor Williams that Resolution No. 155-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 214 Item 8q RESOLUTION NO. 156-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUDGET RENTAL CAR SYSTEM, INCORPORATED, FOR A NOW EXCLUSIVE RENTAL CAR CONCESSION AT WICHITA FALLS MUNICIPAL AIRPORT; 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.156-2003 be passed. Mayor returned to Council Chambers. 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 8h A proposed resolution was presented to amend Resolution Number 23-2003, modifying the 4B Board's Municipal Public Safety Training Center project budget. Moved by Councilor Williams that proposed resolution be passed. Motion seconded by Councilor Ammons. It was noted that the language in the resolution was not clear and needed to be modified to state the intent. Moved by Councilor Williams to table proposed resolution. 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 9a Councilor Ammons thanked the Staff who answered her emails and met with her regarding citizen concerns. Councilor Burns thanked Scott Taylor and Jeff Hogan for solving a citizen's problem. It was handled very professionally and they were very helpful. Councilor Burns enjoyed the young folks who came before Council to express their opinions about the scooter issue. Councilor Norrie agreed with Councilor Burns and felt that the young folks had expressed themselves eloquently and conducted themselves very appropriately. He thanked the Mayor for taking this item out of order so the children could return to school and their parents back to work. Councilor Norrie volunteered to serve on the committee dealing with the scooters. He suggested that the Traffic Safety Committee look at making recommendations for a bicycle and helmet ordinance. Councilor Norrie mentioned the body of water in front of the American National Bank and noted that the Bank's executives are going to have that body of water dredged to make that a better situation. 215 Item 9a continued Councilor Esther thanked the Chief of Police for his response to a citizen's concern. Councilor Esther asked if a vehicle could be impounded when the person driving the vehicle is arrested. Chief Coughlin responded that the only time we can impound a vehicle is if the driver is incapacitated. He added that unless there are signs posted in a residential area, any citizen could park their vehicle there. If it is an abandoned vehicle we can move it. Councilor Esther suggested that we look at home land security and see if we can get some funding from that aspect. Councilor Esther complimented the City Manager, Finance Director, and Mr. Murphy Davis and everyone responsible for having the bond ratings that we have. Councilor Esther thanked the Council for tabling the proposed scooter ordinance in order to take a better look at it. We are concerned with the children's safety. Councilor Hawkins informed the people who live on Tampico and Priscilla that the City will look into putting in more street lights out there. Mr. Darron Leiker informed that they are securing the funding and lighting will be up in two weeks. Councilor Hawkins stated that the City is beginning to be more attentive to the residents and what they are saying and working with them. I am pleased to see the positive attitude the staff has. Councilor Williams informed that the Mayor proclaimed November 13 as "Charlye Farris Day" and that evening read the proclamation at an event in honor of Ms. Farris. She is a native of Wichita Falls and was the first African-American woman admitted to practice law in the State 50 years ago. She was also the first woman to practice law in Wichita County and the first African- American woman to sit on a court bench, the County Court bench in the South since Reconstruction, and she did that in 1954. All that has happened as a citizen from here and we should congratulate her when we see her. Because she is one of us we are really lucky to have such a history-making person albeit 50 years history. I am proud to say that she is my friend and I am glad that the City of Wichita Falls recognized her in naming the day after her. The affair was to recognize Charlye Farris but it was also to raise funds for a scholarship that will help students who are interested in the practice of law. Charlye has been a solo practitioner in the City of Wichita Falls and only in Wichita Falls for 50 years. Mayor informed that there would be an Arts & Crafts Show at the J.S. Bridwell Ag Center December 6-7 sponsored by the Wichita West Volunteer Fire Department. This is their major fundraiser. Mayor appointed himself, Councilor Burns and Councilor Norrie to serve on the committee to review the proposed ordinance on motorized vehicles. They will report back at the next Council meeting. Mayor informed that at 12:38 p.m. today at Municipal Airport troops that were deployed from S.A.F.B would be returning from Kuwait. He invited everyone to come out and welcome these troops home. Item 9b There were no staff reports. Mayor announced that this concluded the televised portion of this meeting. Item 10 No one signed up to speak under public comments. 216 City Council adjourned at 11:31 a.m. PASSED AND APPROVED this a day oars=r.—�-� 2003. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres City Clerk 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, November 18, 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 Charles Pierce St. Mark's United Methodist Church 3. Presentations: 4. Approval of Minutes. CONSENT AGENDA 5. Receive Minutes: a. Library Advisory Board — October 28, 2003 b. Wichita Falls Park Board Meeting — October 23, 2003 c. Water Resources Commission — May 1, 2003 d. Wichita Falls Traffic Safety Commission — October 1, 2003 e. Planning & Zoning Commission — October 8, 2003 6. Resolutions: a. Resolution Awarding Bid And Contract For 2004 Clarifier Project (River Road Wastewater Treatment Plant) CWF04- 550-01. (City Council Bill # 285) b. Resolution Approving A Pipeline License For A Water Line Crossing Of The Burlington Northern And Santa Fe (BNSF) Railway Company Right-Of-Way At Alexandria Street. (City Council Bill # 286) City Council Agenda Tuesday, November 18, 2003 Page 2 REGULAR AGENDA 7. Ordinances: a. Ordinance Making Appropriation In The Special Revenue Fund In The Amount Of $16,972 For The Children's Health Insurance Program Grant Received From The Health And Human Services Commission And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #287) b. Ordinance Making Appropriation To The Special Revenue Fund In The Amount Of $3,532 For Additional Ryan White III Grant Revenue From Tarrant County And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #288) c. Ordinance Making Appropriation In The Special Revenue Fund In The Amount Of $145,347 For The Prevention, Counseling, And Partner Elicitation (PCPE) Grant Received From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #289) d. Ordinance Amending The Comprehensive Cable Franchise Agreement With Time Warner Entertainment- Advance/Newhouse Partnership, As Established By Ordinance No. 88-95, To Provide A Five-Year Extension Of The Agreement. (City Council Bill #290) e. Ordinance Accepting Grant Funds Received From The Texas State Library And Archives Commission (Lone Star Libraries Program), Making An Appropriation In The Special Revenue Fund In The Amount Of $9,121 , And Authorizing The City Manager To Execute The Grant Contract. (City Council Bill #291) f. Ordinance Amending Part II Of The Code Of Ordinances, Chapter 22, Buildings And Building Regulations, At Article V, Mechanical Code, By Making Certain Additions, Amendments, And Deletions Thereto. (City Council Bill #292) g. Ordinance Amending Part II Of The Code Of Ordinances, At Chapter 22, Buildings And Building Regulations, Article VII, City Council Agenda Tuesday, November 18, 2003 Page 3 Gas Code, By Making Certain Additions, Amendments, And Deletions Thereto. (City Council Bill #293) h. 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 #294) i. Ordinance Amending Part II Of The Code Of Ordinances, Chapter 22, Buildings And Building Regulations, At Article II, Building Codes. (City Council Bill #295) j. Ordinance Amending The Code Of Ordinances At Article I, Chapter 94, To Regulate The Use Of Motor Assisted Scooters On Any Street, Highway Or Alley In The Corporate Limits Of The City Of Wichita Falls. (City Council Bill #296) k. Ordinance Authorizing The Issuance, Sale And Delivery Of City Of Wichita Falls, Texas, Certificates Of Obligation, Series 2003; Approving And Authorizing An Official Statement And The Distribution Thereof, A Bond Purchase Agreement; And A Paying Agent/Registrar Agreement; Approving And Authorizing All Other Instruments And Procedures Related Thereto; Declaring An Emergency; And Providing For An Immediate Effective Date. (City Council Bill #297) I. Ordinance Amending The Code Of Ordinances At Chapter 14, Animals, To Establish The Term Limit Of Service On The Animal Shelter Advisory Committee For The Citizen-At-large At Two Years. (City Council Bill # 298) 8. Resolutions: a. Resolution Authorizing The City Manager To Execute A Quitclaim Deed To Midwestern State University For A 70' X 210' Tract Out Of Eureka Plaza Addition. (City Council Bill # 299) b. Resolution Accepting The 2003 CDBG Street Rehabilitation Project (CDBG) CWF03-204-01 And Authorizing Final Payment To Freeman Construction Co. (City Council Bill # 300) City Council Agenda Tuesday, November 18, 2003 Page 4 c. Resolution Accepting The Holliday Creek Pedestrian & Bicycle Trail Phase 4 Project And Authorizing Final Payment To Freeman Construction Co. (City Council Bill #301) d. Resolution Accepting The Conveyance Of The TEPPCO Pipeline To The City Of Wichita Falls From TEPPCO Crude Pipeline, L.P. (City Council Bill # 302) e. Resolution Approving And Authorizing The City Manager To Execute A Contract With Bundy, Young, Sims & Potter, Inc. For Architectural Services For The Reroofing Of The City Of Wichita Falls Public Library. (City Council Bill # 303) f. Resolution Amending Engineering Services Contract With Biggs & Mathews, Inc. For Phases 6, 7, 8, 9, 10, And 11 For Landfill Expansion Amendment Of The City Of Wichita Falls Sanitary Landfill (Permit 1428). (City Council Bill # 304) g. Resolution Authorizing The City Manager To Execute An Agreement With Budget Rental Car System, Incorporated For A Rental Car Concession At Wichita Falls Municipal Airport. (City Council Bill # 305) h. Resolution Amending Resolution Number 23-2003, Modifying The 4B Board's Municipal Public Safety Training Center Project Budget. (City Council Bill # 306) 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. RESUME TELEVISED SEGMENT 11. Adjourn. City Council Agenda Tuesday, November 18, 2003 Page 5 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