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CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
July 5, 2006
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:
Lanham Lyne - Mayor
Ray Gonzalez - Mayor Pro Tern
Jim Ginnings - Councilors
Linda Ammons -
Dorothy Roberts-Burns -
Rick Hatcher -
Charles Elmore -
Darron Leiker - City Manager
Bill Sullivan - City Attorney
Ramona Coln - Deputy City Clerk
Mayor called the meeting to order.
Item 2a
Pastor Leonard Brothers, Woodhaven Baptist Church, gave the invocation.
Item 2b
Councilor Gonzalez led in the Pledge of Allegiance.
Item 3
Mayor recognized Mr. Robert Lopez, Automotive Equipment Operator III, Street
Department, as employee of the month for July 2006. Mayor presented Mr. Lopez with a plaque, a
check, dinner for two, and golf course passes.
Item 4
Charles W. Starr, Box 432, congratulated the Mayor and Council members who were
elected or re-elected in May. He wanted to express his support for this Council.
Item 5
The Minutes were approved as distributed.
799
Item 6a-7b
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Hatcher that the Consent Agenda be approved.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
Item 6a
RESOLUTION NO. 86-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE PURCHASE OF ONE 1-TON TRUCK WITH FLAT
BED FROM PATTERSON AUTO CENTER IN THE AMOUNT OF $23,739.18; AND
ONE 1-TON 4-WHEEL DRIVE TRUCK WITH FLAT BED TO PRUITT FORD IN
THE AMOUNT OF $27,746.86. 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. 87-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE PURCHASE OF ONE 1-TON CAB & CHASSIS
FROM PRUITT FORD IN THE AMOUNT OF $23,161.86; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Items7a-7b
Minutes of the following board and commission meetings were received
(a) Wichita Falls-Wichita County Public Health Board —April 28, 2006
(b) Park Board — May 25, 2006
Mayor moved Item 12(a)(2) up on the agenda.
Item 12a(2)
A discussion was held regarding the Patriot Act. Penny Miller, President of the League of
Women Voters, presented a proposed resolution pertaining to this Act. She pointed out that the
Patriot Act in itself is a good idea for Americans, but it also limits our rights and civil liberties. She
pointed out the following areas of concern: 1) elimination of courts to issue warrants; 2) broad
definition of terrorism to include a citizen's rights to address grievances to their government; 3)
ability of law enforcement to access personal records to enter our homes to confiscate "any
tangible thing" without our knowledge and without a warrant based on probable cause.
The proposed resolution states that the resources of the City of Wichita Falls would not be
used to undertake actions that violate the civil liberties of the citizens of our City. You took an oath
when you took office to protect and defend the Constitution of the United States and this issue lies
within your scope of responsibility. This resolution is intended to voice the desires of the citizens of
this community in a way that is less easy for our federal representatives to ignore. We are asking
that the Council pass a resolution to protect the civil liberties of our community and citizens.
Mayor stated that he has read and studied this issue at length and there are issues that
need to be discussed and debated as well as legal challenges. He believes that is the proper
forum for challenges to this Act.
Linda Wilson, 2400 Wenonah, thanked Council for discussing this issue and hopes a
resolution will be on the agenda in the near future.
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Item 12a(2) continued
Sister Josephine Stewart, 2820 Lansing, also thanked Council for discussing this issue.
Being a proud citizen of Wichita Falls, I believe it is your responsibility to protect our citizens and
protect their constitutional rights. I would be even prouder if this Council would do what other cities
have done to really take this issue seriously. Every day on the news we see those rights being
diminished and this bothers me.
Item 8
A public hearing was held on the proposed second year annual update to the Public
Housing Agency.
Mayor declared the public hearing open.
Mr. Matt Benoit, Assistant City Manager, informed that as part of the five-year Public
Housing Agency Plan, annual approval by Council is required. Council passed this proposal in
April and no modifications are recommended at this point.
Mayor called for additional public comments. There being none, Mayor declared the public
hearing closed.
Item 9
RESOLUTION NO. 88-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING THE SECOND YEAR OF THE FIVE-YEAR PUBLIC
HOUSING AGENCY PLAN; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Roberts-Burns that Resolution No. 88-2006 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
Item 10a
ORDINANCE NO. 51-2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE TEXAS STATE LIBRARY AND ARCHIVES
COMMISSION FOR THE PURCHASE OF FIVE COMPUTERS AND ASSOCIATED
SOFTWARE, AND APPROPRIATING $6,250 TO THE SPECIAL REVENUE FUND
FOR THEIR PURCHASE; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Ginnings that Ordinance No. 51-2006 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
801
Item 10b
ORDINANCE NO. 52-2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR
GRANT REVENUE RECEIVED FROM THE DEPARTMENT OF STATE HEALTH
SERVICES FOR THE WOMENS, INFANTS AND CHILDREN PROGRAM;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Moved by Councilor Roberts-Burns that Ordinance No. 52-2006 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
Item 10c
ORDINANCE NO. 53-2006
ORDINANCE MAKING APPROPRIATION IN THE SPECIAL REVENUE FUND IN
THE AMOUNT OF $29,917 FOR ADDITIONAL FUNDING FOR THE PUBLIC
HEALTH EMERGENCY PREPAREDNESS GRANT TO SUPPORT PANDEMIC
INFLUENZA PREPAREDNESS RECEIVED FROM THE DEPARTMENT OF STATE
HEALTH SERVICES 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 Elmore that Ordinance No. 53-2006 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
Item 10d
ORDINANCE NO. 54-2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, WAIVING SECTIONS 50-97 AND 14-384 OF THE CODE OF
ORDINANCES TO PERMIT NON PAYMENT OF THE $100 PYROTECHNICS
PERMIT FEE AND THE GIVING AWAY OF GOLDFISH AND RESERVATION OF
THE CENTRAL SECTION OF LUCY PARK FOR THE ANNUAL FALLS FEST
EVENT IN LUCY PARK SEPTEMBER 29 AND 30, 2006; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Roberts-Burns that Ordinance No. 54-2006 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
• 802
Item 11 a
RESOLUTION NO. 89-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AWARDING A BID TO SYMMETREX SOLUTIONS IN THE AMOUNT OF
$53,436 FOR THE PURCHASE OF ORACLE APPLICATION SERVER
SOFTWARE FOR THE CITY'S FINANCE AND HUMAN RESOURCES SYSTEMS;
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. 89-2006 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
Item 11 b
RESOLUTION NO. 90-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, ENDORSING AN APPLICATION TO THE 4B SALES TAX BOARD FOR A
RENOVATION TO WEEKS PARK GOLF COURSE; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Gonzalez that Resolution No. 90-2006 be passed.
Motion seconded by Councilor Ammons.
Mr. Matt Benoit, Assistant City Manager, informed that this was a $4 million project and
was previously presented to Council. He noted that the Golf Course would close for approximately
10-12 months during the renovation process. When he presents this request to the 4B Board, he
will provide a detailed package of the proposed renovations.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
City Council recessed at 9:35 a.m. and reconvened at 9:50 a.m.
Item 12a (1)
Mr. Jack Murphy, Park Director gave a presentation on the proposed Skate Park. He
provided information on the following- 1) style of choices which include modular and concrete,
noting the advantages and disadvantages of each; 2) cost of both options, modular and concrete;
3) construction options including design bid and construct, or design/build, and 4) location choices
which include South Weeks Park, Softball Complex off Maurine Street, spillway area off Holliday
Creek Trail, Scotland Park, and Tesco Park. He detailed the advantages and disadvantages of
each location.
Allen Gentry, 5007 Pawnee Pathway, recommended, from a skateboarder's perspective,
that concrete is the best option.
Cleveland Pratt, 5007 Pawnee Pathway, suggested that Council consider asking for
sponsorships from local organizations to help fund this project.
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Item 12b
Councilor Ammons informed pet owners about the City's requirement for a pet license and
their responsibility to comply.
Councilor Ammons requested that the Sex Offender Ordinance be revisited.
Councilor Ammons mentioned the Supreme Court findings in the Jones vs. Flowers case,
which pertains to municipalities foreclosing on property due to unpaid liens. City Attorney noted
that this case will have an impact on the City's process.
Councilor Hatcher stated that he would like to see the Skate Park built with concrete at the
South Weeks Park location.
Councilor Gonzalez asked Mr. Scott Taylor to remind citizens about the permanent water
restrictions. Mr. Taylor provided that information and further noted that this information was on our
City's website and on our City Channel.
Councilor Ginnings agreed that raising awareness of water conservation and the City's
permanent restrictions should be continually posted.
Councilor Ginnings asked for a update on gang injunction measures. City Attorney
informed that last week's meeting with the District Attorney was postponed, however the process is
moving forward. He will report to Council after the meeting is held.
Councilor Ginnings would like to see our City bus transportation system used in the
transportation of students to and from schools. Mr. John Burris, Traffic/Transportation Director,
plans to visit with the Wichita Falls Independent School District and the City View Independent
School District to discuss this possibility.
Councilor Elmore referred to the Animal Control Ordinance stating that he felt it was
unreasonable to fine someone for feeding or caring for a feral animal. Since District 5 is
somewhat rural, people are continually dumping animals there. He asked that Animal Control use
more enforcement of its policies in this area.
Councilor Elmore asked about the progress on the reverse osmosis plant. Mr. Taylor
replied that the work is still progressing.
Councilor Roberts-Burns received a complaint about cars racing on Kemp Street; she
asked that the police patrol this area.
Mayor established an Ordinance Review Subcommittee consisting of Councilor Elmore,
Councilor Ammons, Councilor Roberts-Burns, one representative from Legal and one from
Property Management. This subcommittee will review City ordinances for validity, need, and
fairness of fines, if any. The subcommittee will prioritize the areas of the Code of Ordinances and
work from there. Mayor felt that this should be a process the City goes through every ten years or
so.
Mayor thanked everyone that was involved with Freedom Fest at Sheppard Air Force Base.
The event was absolutely fabulous. SAFB will not have Freedom Fest next year so the City will be
looking at allocating resources for a fireworks display for 2007. He asked everyone to help
support this event by checking the box on the back of their utility bill and donating whatever
amount possible.
Councilor Elmore reminded everyone about the downtown mural contest and encouraged
everyone to participate by submitting cartoons for murals within the City.
City Council adjourned at 11:00 am.
PASSED AND APPROVED this day o 2006.
LANHAM LYNE
MAYOR
ATTEST:
ydia 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 Wednesday, July 5, 2006, Beginning
At 8:30 A.M.
City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda
Ammons, Dorothy Roberts-Burns, Rick Hatcher, Ray
Gonzalez, and Charles Elmore.
1 . Call to Order
2. (a) Invocation: Pastor Leonard Brothers
Woodhaven Baptist Church
(b) Pledge of Allegiance
3. Presentations
Employee of the Month — Robert Lopez
4. Comments From The Public To Members Of The City Council
Concerning Items That Are Not On The City Council Agenda. People
Wishing To Address The Council Should Sign Up Prior To The
Meeting Commencing. A Five Minute Time Frame Will Be Adhered
To For Those Addressing Their Concerns.
5. Approval of Minutes of June 20, 2006 Regular Meeting of the Mayor
and City Council.
CONSENT AGENDA
6. Resolutions
(a) Authorizing Award Of Bid For The Purchase Of One (1) 1-Ton
Truck With Flat Bed To Patterson Auto Center In The Amount
Of $23,739.18 And One (1) 1-Ton 4-Wheel Drive Truck With
Flat Bed To Pruitt Ford In The Amount Of $27,746.86 (Council
Bill #139)
City Council Agenda
Wednesday, July 5, 2006
Page 2
(b) Resolution Authorizing Award Of Bid For The Purchase Of One
(1) 1-Ton Cab & Chassis. (Council Bill #140)
7. Receive Minutes
(a) Wichita Falls-Wichita Co. Public Health Board, April 28, 2006
(b) Wichita Falls Park Board, May 25, 2006
REGULAR AGENDA
8. A Public Hearing On The Proposed Second Year Annual Update To
The Public Housing Agency (PHA) Plan
9. A Resolution Approving The Second Year Of The Five-Year Public
Housing Agency Plan (Council Bill #141 )
10. Ordinances
(a) An Ordinance Authorizing The City Manager To Execute A
Grant Agreement With The Texas State Library And Archives
Commission For The Purchase Of Five Computers And
Associated Software And Appropriating $6,250 To The Special
Revenue Fund For Their Purchase (Council Bill #142)
(b) Ordinance Making An Appropriation To The Special Revenue
Fund For Grant Revenue Received From The Department Of
State Health Services For The Women Infants And Children
Program (Council Bill #143)
(c) Ordinance Making Appropriation In The Special Revenue Fund
in The Amount of $29,917 For Additional Funding For The
Public Health Emergency Preparedness Grant To Support
Pandemic Influenza Preparedness Received From The
Department of State Health Services (DSHS) and Authorizing
The City Manager to Execute Contract Accepting Same.
(Council Bill #144)
(d) Ordinance Waiving Sec. 50-97 And Sec.14-384 Of The Code
Of Ordinances To Permit Non Payment Of The $100
Pyrotechnics Permit Fee And The Giving Away Of Goldfish And
Reservation Of The Central Section Of Lucy Park For The
Annual Falls Fest Event In Lucy Park September 29 And 30,
2006. (Council Bill #145)
City Council Agenda
Wednesday, July 5, 2006
Page 3
11 . Resolutions
(a) Resolution Awarding A Bid To Symmetrex Solutions In The
Amount Of $53,436 For The Purchase Of Oracle Application
Server Software For The City's Finance And Human Resources
Systems (Council Bill #146)
(b) A Resolution Endorsing An Application To The 4B Sales Tax
Board For A Renovation To Weeks Park Golf Course (Council
Bill #147)
12. Other Council Matters
(a) Staff Council Discussion
(1) Presentation Of Proposed Skate Park Options.
(2) Discussion Of Proposed Resolution Regarding The
Patriot Act.
(b) Discussion Of Items Of Concern To Members Of The City
Council.
13. 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