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Min 03/02/2004 288 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 2, 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: 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 Bill Altman - Absent Mayor Pro Tern Burns called the meeting to order. Item 2 Pastor Charlie Thomason, Faith Village Church of Christ, gave the invocation. Item 3 Firefighter Doyle Ray Wood, Fire Department, was recognized as employee of the month for March 2004. Mayor Pro Tern Burns presented Mr. Wood with a plaque, City pin, check, dinner for two, and Weeks Golf Course passes. Mayor Pro Tern Burns proclaimed February 29-March 6, 2004 as "Severe Weather Awareness Week" in Wichita Falls and urged everyone to learn more about severe weather and participate more in severe weather preparedness. Julie Gayner, Times Record News, Skip McBride, KFDX TV 3, Megan Danahey, KAUZ TV 6, and Patrick McKee, KSWO TV 7, accepted the proclamation. Item 4 The Minutes of February 17, 2004 and February 26, 2004 were approved as distributed. Items 5a-5b City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Williams requested that Item 5a, which was later corrected to refer to Item 5b, be moved to the Regular Agenda. Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 5b. 289 Items 5a-5b continued Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 5a RESOLUTION NO. 35-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) EACH LIFT TRUCK FROM DARR LIFT IN THE AMOUNT OF $44,940.00; 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. 36-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) EACH 1-TON FOUR WHEEL DRIVE CAB & CHASSIS FROM GRANDE TRUCK CENTER IN THE AMOUNT OF $23,914.00; 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. 36-2004 be passed. Motion seconded by Councilor Ammons. Councilor Williams asked if the lift body for the unit had already been purchased. Mrs. Peggy Gahagan informed that it would be ordered when the unit is ordered. Motion carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 6a ORDINANCE NO. 20-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING THE SOUTH 399 FT. OF LOT 1-A, BLOCKS W & X, R.E. MONTGOMERY SECOND SUBDIVISION, A.K.A. 105 EASTSIDE DRIVE, AND AMENDING THE LAND USE PLAN TO CONFORM TO THIS CHANGE; 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. 20-2004 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None 290 Item 6b ORDINANCE NO. 21-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 15, 2004, AND NAMING POLLING PLACES AND ELECTION OFFICIALS; 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. 21-2004 be passed. Motion seconded by Councilor Norrie. The City Clerk gave the date of the election, early voting dates and location, as well as the date of the canvass as May 23, 2004 at 1:30 p.m. Motion carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 7a RESOLUTION NO. 37-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE JASPER WATER TREATMENT PLANT EXPANSION DEMOLITION PROJECT (CWF 04-544-10), PAY ITEM 1 TO NORTH TEXAS DEMO, AND PAY ITEM 2 TO SOUTHWEST CONSTRUCTORS, INC.; FINDING AND DETERMINING THAT THE MEETINGAT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 37-2004 be passed. Motion seconded by Councilor Esther. Mr. Scott Taylor explained that due to an oversight Reeder General Contractors, Inc. made an error on their bid and Staff recommends that the bid be awarded to Southwest Constructors, Inc., which is the next low bidder. The City will take no action against Reeder General Contractors, Inc. since this was an obvious error. Moved by Councilor Hawkins to amend the proposed resolution, which awards the bid to Reeder General Contractors, Inc. by changing the award of bid on Pay Item 2 to Southwest Constructors, Inc. Pay Item 1 would remain the same to be awarded to North Texas Demo. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Pro Tem Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None 291 Item 7b RESOLUTION NO. 38-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AWARDING BID AND CONTRACT FOR THE FLOW CONTROL VAULT, SLUDGE PUMP STATION NO. 3, AND BRINE PUMP STATION AT CYPRESS WATER TREATMENT PLANT PROJECT (CWF 04-544-03); 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. 38-2004 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 7c The City Manager removed this item from the agenda dealing with the land swap of two vacant parcels adjacent to Holliday Creek. He informed that this item had not been finalized. Item 7d RESOLUTION NO. 40-2004 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 HEADQUARTERS ROAD; 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. 40-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 7e RESOLUTION NO. 41-2004 RESOLUTION APPROVING AGREEMENT FOR TEMPORARY PRIVATE VEHICLE CROSSING WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AT THE CYPRESS WATER TREATMENT PLANT; 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. 41-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None 292 Item 7f RESOLUTION NO. 42-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE CITY'S ESTIMATED ANNUAL REQUIREMENT OF READY MIX CONCRETE TO PITTS READY MIX IN THE AMOUNT OF $142,350.00 AND FLOWABLE FILL TO OK CONCRETE COMPANY, IN THE AMOUNT OF $28,000.00; 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. 42-2004 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 7 RESOLUTION NO. 43-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT FOR AJOINT ELECTION ON MAY 15, 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. 43-2004 be passed. Motion seconded by Councilor Norrie. City Clerk informed that the Wichita Falls Independent School District has agreed to the terms of the agreement. The City Clerk will be in charge of the Joint Election. This along with other items will be submitted to the Department of Justice for pre-clearance. Motion carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 7h RESOLUTION NO. 44-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) EACH VACUUM EXCAVATION SYSTEMS FROM WITCH EQUIPMENT COMPANY IN THE AMOUNT OF $55,848.06; 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. 44-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None 293 Item 7i RESOLUTION NO. 45-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ENDORSING AN APPLICATION TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION FOR ENGINEERING AND LANDSCAPE DESIGN SERVICES FOR THE WICHITA FALLS BUSINESS PARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 45-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Item 8a Councilor Ammons expressed appreciation to all who were involved with the Home & Garden Show. The proceeds go to the Kemp Center for the Arts. Councilor Esther asked for a status report on the sewer system project on BB Drive. Mr. Clark informed that it would be a part of the reallocation of the CDBG Funds and it will have to be addressed by the Outside Agencies Committee and be brought back to Council with a recommendation. The date would be sometime in April. Councilor Esther expressed appreciation to the City Clerk for the work on the Joint Election Agreement with the Wichita Falls Independent School District. Councilor Esther expressed appreciation to Staff for assisting those citizens who registered code enforcement complaints. Councilor Hawkins asked that the following streets be checked for repairs— Fairfax at Eden Lane, SH 240 at Burk Road. Mr. Taylor will look into this. Councilor Hawkins attended the MPO meeting last night and expressed concern about staff's attitude towards Lebanon Street. He asked that Staff give Council a presentation on reasoning for not wanting to extend Lebanon all the way to Seymour Highway. He felt Council should be the ones to make that decision not Staff. Councilor Hawkins referred to the gas line for running water through to the southwest part of town, and asked if it extends to Iowa Park. Mr. Scott Taylor informed that it does not; it goes to Holliday and runs in the southwest part of the City, which is the one the City obtained. Councilor Hawkins asked that Mr. Taylor check to see if wecould obtain the line that goes to Iowa Park. Mr. Taylor stated that it had not been offered to the City but he would check into that. Councilor Hawkins informed that there was a need for a candidate for Council District 5. Councilor Norrie expressed appreciation to Mayor Pro Tern Burns for a well run meeting. Councilor Norrie asked about the street light request for Piedmont Street. Mr. Leiker will look into that. Councilor Williams asked that Windthorst Road and Duncan Street at Andrews Street entrance be checked for needed repairs. Councilor Hawkins requested that Staff check with the State to see about getting a controlled traffic signal at the entrance to Crestview Cemetery. It is a dangerous situation. Councilor Esther echoed the danger of funeral processions. City Manager agreed that it was extremely dangerous the way we are doing it now and it was dangerous the way we were doing it before except we had the liability then. He suggested that funeral attendees be told to go directly to the cemetery on their own without a procession. It will be 294 Item 8a continued quicker. He added that if we put a police car out there we inherit the liabilities. Mayor Pro Tern Burns mentioned that he had a call from a citizen who had been bit by a dog. He gave the citizen information and wanted to make certain he had given out the correct information. Mrs. Barbara Clements agreed with Mayor Pro Tern Burns' information that the dog would not be released unless it was vaccinated. She will follow up on that complaint. Mayor Pro Tern Burns congratulated Firefighter Woods on his recognition as Employee of the Month. Mayor Pro Tern Burns stated that he has had three opportunities to preside over these Council meetings and it has been an honor and a privilege to preside over these Council meetings. Item 8b There were no staff reports. Item 9 David White, 2201 Berkeley, owns property at 900 Eighth Street, expressed concerns that property owners received notification two weeks ago that Eighth Street would be changed from a one-way to a two-way street. Other concerns expressed by Mr. White were that a study was not done to make this change; double parking and traffic back up, traffic congestion; more accidents on two-way streets. He asked that this change be delayed until it can be studied. Mayor Pro Tern Burns informed Mr. White that by law this could not be discussed since it was not on the agenda today. Councilor Hawkins suggested a special meeting since this change was scheduled to take place next week. Andy Lee, 1410 Grant Street, expressed similar concerns to Mr. White regarding the changing of Eighth Street to a two-way street. He said that Visions would like to discuss the change of Eighth Street to a two-way street versus leaving it a one-way street. Sidney Smith, 2811 City View introduced Mr. Charles Elmore who is a candidate for District 5. Charles Elmore, 1133 Crescent Lane, is looking forward to the election and hopes to serve with the Council in the future. City Council adjourned at 10:10 a. m. PASSED AND APPROVED this _day of )2)24h1JAJ 2004. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres-Ozuna City Clerk 1 1 1 NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, March 2, 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: Pastor Charlie Thomason Faith Village Church of Christ. 3. Presentations: Employee Of The Month. 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Authorizing A yard Of Bid For The Purchase Of One (1) Each Lift Truck i rom Darr Lift In The Amount Of $44,940.00. (City Council Bill #58) b. Resolution Authorizing Award Of Bid For The Purchase Of One (1) Each 1-Ton Four Wheel Drive Cab & Chassis From Grande Truck Center, In The Amount Of $23,914.00. (City Council Bill #59) REGULAR AGENDA 6. Ordinances: a. Ordinance Rezoning The South 399 Ft. Of Lot 1-A, Blocks W & X, R. E. Montgomery Second Subdivision, a.k.a. 105 City Council Agenda Tuesday, March 2, 2004 Page 2 Eastside Drive, From Light Industrial To Residential Mixed Use Zoning, And Amending The Land Use Plan To Conform To This Change. (City Council Bill #60) b. An Ordinance Of The City Council Of The City Of Wichita Falls Calling For A General Election To Be held May 15, 2004 Naming Polling Places And Election Officials. (City Council Bill #61 ) 7. Resolutions: a. Resolution To Award Bid And Contract For The Jasper Water Treatment Plant Expansion Demolition Project (CWF 04-544-10); Item 1 To North Texas Demo, And Unit 2 To Reeder General Contractors, Inc. (City Council Bill #62) b. Resolution To Award Bid And Contract For The Flow Control Vault, Sludge Pump Station No. 3, And Brine Pump Station At Cypress Water Treatment Plant Project (CWF 04-544- 03). (City Council Bill #63) c. Resolution Authorizing The Land Swap Of Two Vacant Parcels Adjacent To Holliday Creek As Allowed Per Chapter 272, Section 272.001 (b) Of The Texas Local Government Code. (City Council Bill #64) d. Resolution to Approve a Pipeline License for a Water Line Crossing of the Burlington Northern and Santa Fe (BNSF) Railway Company Right-of-Way at Headquarters Road. (City Council Bill #65) e. Resolution To Approve An Agreement For Temporary Private Vehicle Crossing With The Burlington Northern And Santa Fe Railway Company At The Cypress Water Treatment Plant. (City Council Bill #66) f. Resolution Of The City Council Of The City Of Wichita Falls, Texas, Authorizing Award Of Bid For The City's Estimated Annual Requirement Of Ready Mix Concrete And Flowable Fill To Pitts Ready Mix In The Amount Of $142,350.00; And Class C-C Mix To Ok Concrete Company, In The Amount Of $28,000.00. (City Council Bill #67) g. Resolution Authorizing The City Manager To Execute An Agreement With The Wichita Falls Independent School City Council Agenda Tuesday, March 2, 2004 Page 3 District For A Joint Election May 15, 2004. (City Council Bill #68) h. Resolution Authorizing Award Of Bid For The Purchase Of Two (2) Each Vacuum Excavation Systems To Witch Equipment Company In The Amount Of $55,848.06. (City Council Bill #69) i. A Resolution Endorsing An Application To The Wichita Falls Economic Development Corporation For Engineering Design Services In The Amount Of $198,000.00 And Landscape Design Services In The Amount Of $45,000.00 For The Wichita Falls Business Park. (City Council Bill #70) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. END OF TELEVISED SEGMENT 11. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. 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 City Council Agenda Tuesday, March 2, 2004 Page 4 the day of 20 at o'clock (a.m.)(p.m.). City Clerk