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Min 01/20/2004 254 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 20, 2004 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 - Michael Norrie - Absent James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Item 2 Reverend Terry Perkins, Grace Street United Methodist Church, gave the invocation. Item 3 Connie McDonough, representing Habitat for Humanity homeowners, presented the City a check in the amount of $23,778.44, property tax from thirty-four homeowners in the Habitat for Humanity Program. She informed that Habitat for Humanity would be holding a celebrity match fundraiser February 15 at MPEC. Mayor received the check on behalf of the City. Mrs. Barbara Clements made a presentation in recognition of some industrial companies in our City who received Industrial Pretreatment Awards. This program monitors industrial waste to protect our public water system. Each year industries are required to do certain things to meet local ordinances to protect our water and this year we are recognizing those industries that not only met the criteria and stayed within the ordinances but also have taken it beyond that realm not only to protect our water but also to reduce the cost for the water. Mayor presented Industrial Pretreatment Award Certificates to the following industries and noted that they were outstanding corporate citizens. PPG — Paul Molini, Human Resources Director and Ty Sturgeon, Environmental Engineer Pratt & Whitney Canada Component Repairs — Bill Eyster, General Manager and Tony Gallagher, EHS Coordinator Mirant Wichita Falls — Danny Swanson, Plant Manager and Eddie Morrow, Plant Operator Item 4 The Minutes were approved as distributed. 255 Item 5-5a City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Williams that the Consent Agenda be approved. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 5a Moved by Councilor Williams and seconded by Councilor Ammons to receive the minutes of the Wichita Falls Traffic Safety Commission November 5, 2003 meeting. Item 6a A public hearing was held on a proposed grant application to the Texas Department of Parks and Wildlife on behalf of River Bend Nature Works. Mayor declared the public hearing open. Beverly Williams, Executive Director of River Bend Nature Works, presented an illustration of the River Bend Nature Works facility. She informed that River Bend Nature Works has an opportunity to improve their current facility with an application to Texas Parks and Wildlife for an outdoor recreation grant. For the past three years the Board of Directors and staff have been working on a master plan to improve the facilities at River Bend Nature Works. This master plan would include the following components: a Visitor Center, an Indoor Butterfly Conservatory, and extensive outdoor improvements. The outdoor improvements are eligible for the outdoor recreation grant. The total cost of the master plan is $5 million; $3 million has been pledged by the Priddy Foundation and Bridwell Foundation, leaving $2 million to be raised by December 31, 2004. She gave details on the proposed outdoor improvements, which would cost approximately $999,400. The total that we can request as a match from Texas Parks and Wildlife is $500,000 per application. The grant is a one to one match, which means the community would have to come up with 50% of the cost and Texas Parks and Wildlife would match that up to a total of $500,000. She reviewed the grant process noting that they would want to apply by January 31, 2004 but would not know the decision on the grant award until August 2004. She requested, on behalf of River Bend Nature Works, that the City approve the grant request. The matching funds can be public or private but the request must come from a municipal government; River Bend Nature Works is a non-profit organization and cannot submit a grant for this program. She believes that conservatively a minimum of 70,000 to 100,000 visitors would come the first year and that would pay for the first year's operating expenses. John Hirschi, 2911 Sturdevant, spoke in favor of this project and stated that this project has a great opportunity to impact this community by bringing visitors and conventioneers to this area. He believed that the funds that have been pledged should be utilized for this project by supporting the request for this grant. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 6b A public hearing was held regarding regulations for curfew hours for minors. Mayor declared the public hearing open. City Attorney informed that the City has had a Curfew Ordinance since 1995 and Legal is required to review these ordinances every three years and hold two public hearings for citizen input. He stated that our Curfew Ordinance serves a valid purpose. The next public hearing will be held at the next Council meeting. He explained the curfew 256 Item 6b continued requirements noting that curfew was at 11:00 p.m. on weekdays and 12:00 p.m. on weekends with a couple of exceptions. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7a ORDINANCE NO. 9-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, 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; 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. 9-2004 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 Item 7b A proposed ordinance was presented appointing Mark Baker as Substitute Judge of the Municipal Court for a term of two years. Moved by Councilor Hawkins that proposed ordinance be passed. Motion seconded by Councilor Ammons. Mayor commented that there was no public advertising for this position and he felt that it should be advertised. He suggested that the Personnel Department provide three of the top candidates to a three-member Council sub-committee to make a recommendation to Council. We should follow personnel procedure. City Attorney stated that they have no problem with that but the law does allow this body to make the appointment. Mayor felt that from a public appearance aspect this position should be advertised. He suggested that this be tabled and that staff advertise this part-time position. Councilor Hawkins wondered if this would have an affect on the persons who are currently filling the position. City Attorney stated that he had spoken with both persons and they are willing to cover for the third week until someone is appointed. Hopefully this process can be done with reasonable speed in order to make this appointment. Councilor Hawkins said he did not mind putting it off as long as this is done in a timely manner. Moved by Councilor Esther to table this item. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None 257 Item 7c A proposed ordinance was presented amending Section 106-186 of the Wichita Falls Code of Ordinances, rationing the use of outside water within the City of Wichita Falls. Moved by Councilor Ammons that proposed ordinance be passed. Motion seconded by Councilor Esther. City Attorney informed that the intent of this ordinance is to place a time period where subsequent offenses happen before they can be considered as subsequent offenses. The time period is one year for offenses to occur. Councilor Williams noted that this was being done because of the current and recurring situations and she felt that anything less than two years would not be considered serious about stopping it and getting people conditioned to doing it. We need to get into the habit of doing that. Councilor Burns expressed the same sentiment in that we are sending out a statement, but he thought a twelve-month period would be good for ease, management, and convenience. I do not have a problem with it at twelve months. Councilor Hawkins asked how they could move in and out of the requirements. Mr. Scott Taylor replied that the Ordinance requires that the Public Works director initiate the restrictions but that is done by Council action under the advice of the Public Works Director. Councilor Hawkins commented that just because the lake goes over the 50% level does not automatically remove the restrictions and he suggested that the following wording be inserted "Twelve months or current period of restriction whichever is greater". City Attorney said that they would need some time to work on Councilor Hawkins' suggestion. Moved by Mayor Altman to table this item until the end of this meeting so Legal can come up with wording or until next Council meeting. Councilor Burns mentioned the commercial car washes and suggested that the car wash owners/managers get together and present the Council their ideas as to how to better work this plan. Councilor Ammons asked for clarification on what constitutes two or more offenses if a person owns more than one property and is issued a ticket for each location at the same time. Does the ticket go with the property or with the name of the person? City Attorney replied that it is related to the property but it goes with the individual and the person would be guilty of two offenses. Several Council members disagreed with that. Mayor suggested that the City Attorney come up with some wording for the next meeting. Elaine Bourgoin, Municipal Court Administrator gave statistics on number of tickets issued and number of second offenses. She commented that the property has nothing to do with the offense issue because it is the individual who has control of that property. Councilor Burns stated that we are delving into extreme minutia in terms of every situation that could possibly arise. We are not talking about a cumbersome onerous tremendous seething ball of government weighing upon the backs of the public. Speaking of streamlining, it should be left as it is. I think it is working well and the Court is handling it well. Mayor stated that listening to Council Burns' comments his feeling is that it was ill advised for him to request that this amendment be placed on the agenda. He apologized for putting it on the agenda. Councilor Williams apologized for looking at the two years. I think he is on target. Mayor suggested voting down the amendment and leaving the ordinance as it is. Moved by Councilor Hawkins to table this until the next meeting so that we can look at adding the following wording: "During this restriction cycle or twelve months whichever is greater." This would also give the car wash owners an opportunity to come back with some input on their part of it. Mayor stated that if this was voted down it could be brought back in some other form. 258 Item 7c continued Motion died for lack of a second. Main motion failed by the following vote. Ayes: None Nays: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Item 8a RESOLUTION NO. 16-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DESIGNATING THE CITY MANAGER AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATION AND PARKS OUTDOOR RECREATION GRANTS PROGRAM; CERTIFYING THAT THE APPLICANT MATCHING SHARE IS READILY AVAILABLE AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES; 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. 15-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None City Council recessed at 9:55 a.m. and reconvened at 10:13 a.m. Item 8b RESOLUTION NO. 17-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF EIGHT (8) VIDEO DETECTION SYSTEMS THROUGH TEXAS BUILDING AND PROCUREMENT COMMISSION PURCHASING COOPERATIVE, FROM TEXAS HIGHWAY PRODUCTS IN THE AMOUNT OF $51,152.00; 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. 16-2004 be passed. Motion seconded by Councilor Williams. Councilor Hawkins requested that warrants be checked at intersection of 91h Street and Beverly Drive. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None 259 Item 8c RESOLUTION NO. 18 -2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CARTER & BURGESS, INC. FOR ENGINEERING SERVICES FOR THE TPDES PHASE II STORMWATER PERMIT COMPLIANCE; 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. 17-2004 be passed. Motion seconded by Councilor Williams. Councilor Hawkins asked if this project would be funded from the Storm Water Fund. Mr. Scott Taylor replied this is an item that is eligible for expense out of the Storm Water Utility Fund. Mayor followed up by informing that he had met with the City Manager and Mr. Taylor regarding this contract. We discussed the volume of projects that we now have with the Storm Water Drainage District and the volume of consultant contracts that we are doing. It would be cost efficient, probably, to employ another engineer at perhaps a more advanced level than an entry level. I have asked the City Manager and Mr. Taylor to look at coming back to Council with a budget amendment to provide for another engineer because there are a lot of these activities that require specialized knowledge, but a lot of the supporting engineering parts do not require specialized knowledge which could be done in-house. There are also so many projects that we have coming up with the Storm Water District. In addition, the Storm Water District could fund an engineer and fully justify the reduction in consultation costs and not create any need for a property tax increase to pay for that. Moved by Mayor Altman to amend Section 1 of the proposed Resolution by adding the following sentence at the end of the section: "Total cost shall not exceed $118,000." Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 8d RESOLUTION NO.19-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL AID AGREEMENT FOR THE NORTEX REGIONAL PLANNING COMMISSION; 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. 18 -2004 be passed. Motion seconded by Councilor Williams. Dennis Wilde, Nortex Regional Planning Commission Executive Director gave some insight into this agreement and on homeland security. 260 Item 8d continued City Manager emphasized that this was intended to be used only for catastrophic events. Mr. Wilde agreed stating that the responding party has the sole discretion to respond. Mayor commented that this should be rarely used. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 9a Councilor Esther reminded everyone about Martin Luther King's birthday and related celebrations. There will be a lot of people looking at us to see that we do what is right and fair for our citizens. We have done what is right in the best interest of our citizens. We are an equal opportunity and fair employer. Councilor Hawkins is proud of the continued growth on the north side. He asked for a report on Loop 11. Mr. Scott Taylor reported that they have a meeting scheduled next week with TXDOT for right-of-way acquisition. Councilor Hawkins asked about signs on private property, specifically the one at Sheppard Heights advertising on City property. Mr. Taylor will check into that. Councilor Hawkins reminded everyone that the Kiwanis Pancake Feed would be this Saturday at MPEC. Councilor Hawkins asked if we were still having problems with the sewer line from the Allred Prison. Mr. Taylor reported that the last leak was one month ago and no others have occurred since then. Councilor Hawkins commented that the North side is expanding and he welcomed everyone to come see the changes. Councilor Williams asked the City Clerk for clarification on the municipal election date. City Clerk informed that according to legislative changes, the May uniform election day for municipalities has been moved from the first Saturday in May to the third Saturday in May, which would be May 15, 2004. City Clerk added that this election date would revert back to the first Saturday in May 2005. City Clerk will be providing additional municipal election dates for candidate filing, early voting and other related dates at future Council meetings in order to keep the voters informed. Councilor Ammons informed that the Martin Luther King breakfast would be held this Saturday beginning at 8:00 a.m. at the MPEC. Attendees should arrive at 7:30 a.m. for the breakfast. Councilor Burns informed that he had received a call regarding the Water Ordinance from a woman who would not identify herself. He asked that as a courtesy, callers identify themselves when they call him and other Council members. Item 9b Mr. David Clark reported on the Holt Hotel Project and expressed appreciation to the community for their support. He informed that construction would begin very soon. The community came up with $750,000 in one month. We look forward to the changes. Mr. Clark referred to the ETJ agreements and informed that we now have agreements with all three counties. Andre Jelen, Library representative, gave a presentation on the Tex Share Database, which is available to those with a library card at the following website: www.wfpl.net Mayor asked for monthly updates on water projects beginning with the next Council meeting. 261 Item 9c Moved by Mayor Altman to move Mr. Brad Altman from Place 14 to Place 15 in the Traffic Safety Commission since he has moved out of District 3 to District 4. Place 14 was declared vacant. Mr. Jody Wade who was in Place 15 has moved out of the County and is no longer eligible to serve on this Commission according to the Traffic Safety Commission By-laws. Mr. Altman's term will expire December 31, 2005. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Mayor announced that this concluded the televised segment of the City Council. Item 10 Don Johnston, 4402 Shady Lane, requested that Council consider a Charter amendment to increase the Council members' terms from two years to three years. As a matter of information the Mayor stated that the City had held a Charter Amendment Election in September 2002, and according to law charter amendment elections can only be held every two years. City Council adjourned at 11:40 a. m. PASSED AND APPROVED this day of 2004. (mil Cl�.v� WILLIAM K. ALTMAN MAYOR ATTEST: olrhs-a Lydia Torres-Ozuna 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, January 20, 2004, 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: Reverend Terry Perkins Grant Street United Methodist Church 3. Presentations: 4. Approval of Minutes. CONSENT AGENDA 5. Receive Minutes: a. Wichita Falls Traffic Safety Commission — November 5, 2003 REGULAR AGENDA 6. Public Hearings: a. Public Hearing On A Proposed Grant Application To The Texas Department Of Parks And Wildlife On Behalf Of River Bend Nature Works. b. Public Hearing Regarding Regulations For Curfew Hours For Minors. 7. Ordinances: City Council Agenda Tuesday, January 20, 2004 Page 2 a. 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 #25) b. Ordinance Appointing Substitute Judge Of The Municipal Court For A Term Of Two Years. (City Council Bill #26) c. Ordinance Amending Section 106-186 Of The Code Of Ordinances, Rationing The Use Of Outside Water Within The City Of Wichita Falls. (City Council Bill #27) 8. Resolutions: a. Resolution Designating The City Manager As Being Responsible For, Acting For, And On Behalf Of The City In Dealing With The Texas Parks And Wildlife Department For The Purpose Of Participating In The Texas Recreation And Parks Outdoor Recreation Grants Program; Certifying That The Applicant Matching Share Is Readily Available And Dedicating The Proposed Site For Permanent Public Park And Recreational Uses. (City Council Bill #28) b. Resolution Authorizing The Purchase Of Eight (8) Video Detection Systems, Through Texas Building And Procurement Commission (TBPC) Purchasing Cooperative, In The Amount Of $51 ,152.00. (City Council Bill #29) c. Resolution Approving And Authorizing The City Manager To Execute A Contract With Carter & Burgess, Inc. For Engineering Services For TPDES Phase II Stormwater Permit Compliance. (City Council Bill #30) d. Resolution Authorizing The Mayor To Execute A Mutual Aid Agreement For The Nortex Regional Planning Commission. (City Council Bill #31) 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Appointment To The Traffic Safety Commission. City Council Agenda Tuesday, January 20, 2004 Page 3 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. 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