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Min 12/16/2003 227 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 16, 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 Reggie Coe, Grace Church, gave the invocation. Item 3 There were no presentations. Item 4 The Minutes were approved as distributed. Items 5a-5c 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, and Burns Nays: None 228 Item 5a RESOLUTION NO. 165-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE 2001-2002 SANITARY SEWER BUDGET UTILITY IMPROVEMENT PROJECT AND AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION CO.; 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. 166-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR A 2-TON CAB & CHASSIS WITH A 40-FOOT AERIAL LIFT DEVICE TO WICHITA FALLS FREIGHTLINER IN THE AMOUNT OF $95,137.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5c RESOLUTION NO. 167-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE RIVER ROAD WASTEWATER TREATMENT PLANT LOWER WET WELL REHABILITATION PROJECT CWF 03-550-22 AND AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION COMPANY, INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a Mayor asked that Item 6a be removed from the agenda. Item 6b ORDINANCE NO. 120-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE 2002-03 BUDGET IN VARIOUS FUNDS AS PART OF THE 2002- 03 FISCAL YEAR END CLOSING PROCESS; 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. 120-2003 be passed. Motion seconded by Councilor Williams. Mayor Altman suggested that next year when street overlay projects come in below budget that remaining funds be used to repair more streets. He also requested that Mr. Dockery and the Employees Benefit Trust Committee provide copies to Council of the increased costs and a one- page outline of our health care plan along with a summary of the changes that have been made in the last five years. This will help the Council have a better sense of the health plan and a better understanding. Councilor Hawkins arrived in Council Chambers at this time. Councilor Ammons asked about the MPEC budget and the Mayor, City Manager and Mr. Dockery provided explanations, noting that it is better than it was projected. Motion carried by the following vote. 229 Item 6b continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 6c ORDINANCE NO. 121-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, BUSINESS REGULATIONS AT SECTION 26-94, INCREASING FEES FOR SOLICITOR PERMITS, AND SECTION 26-93 DELETING THE BANK REFERENCE LETTER; 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. 121-2003 be passed. Motion seconded by Councilor Ammons. City Clerk explained the proposed changes and reasons for the proposal. Mayor Altman felt that because of the time and personnel involved in this permitting process that the fee should be increased to $100 for the license and $10 for each solicitor. Councilor Williams stated that the permit should not be for calendar year but one year from the date of issuance. A question was raised regarding the legality of the social security requirement. The City Attorney will look into this. Moved by Mayor Altman to amend Section 1 of the proposed ordinance by replacing the fifty dollars ($50.00) with one hundred dollars ($100.00); replacing the five dollars ($5.00) with ten dollars ($10.00); and deleting the following phrase: "regardless of the term of the permit', and changing the expiration date from "December 31 of the calendar year" to "the last day of the month one year from date of issuance". That paragraph with these changes would read as follows: "Each applicant for a solicitor permit shall be charged a fee of one hundred dollars ($100.00). If the applicant is other than an individual, the applicant will be charged an additional fee of ten dollars ($10.00) for each employee working as a solicitor under the permit. All permits shall expire on the last day of the month one year from date of issuance." Motion seconded by Councilor Hawkins 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 6d ORDINANCE NO. 122-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 106-186 OF THE WICHITA FALLS CODE OF ORDINANCES, RATIONING THE USE OF OUTSIDE WATER WITHIN THE CITY OF WICHITA FALLS; 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. 122-2003 be passed. 230 Item 6d continued 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 7a RESOLUTION NO. 168-2003 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR $22,596.00 IN GRANT FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY/UNITED STATES FIRE ADMINISTRATION ASSISTANCE TO FIREFIGHTER GRANT PROGRAM TOWARD THE PURCHASE OF SPECIALIZED RESCUE TRAINING AND PROJECTS FOR THE NEW FIRE DRILL FIELD; 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. 168-2003 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 City Council recessed at 9:40 a.m. and reconvened at 9:55 a.m. Item 7b RESOLUTION NO. 169-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE TRANSFER OF VARIOUS AGED RECEIVABLE ACCOUNTS TO DORMANT STATUS AS PART OF THE CITY'S FISCAL YEAR END CLOSING PROCESS; 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. 169-2003 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 7c RESOLUTION NO. 170-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ARCHER, CLAY, AND WICHITA COUNTIES REGARDING SUBDIVISION AND DEVELOPMENT REGULATIONS WITHIN THE EXTRATERRITORIAL JURISDICTION AREA OF THE CITY OF WICHITA FALLS, TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 231 Item 7c continued Moved by Councilor Ammons that Resolution No. 170-2003 be passed. Motion seconded by Councilor Williams. Mr. Dave Clark mentioned that draft agreements had been provided to the three counties, and in communicating with the counties there were issues dealing with who would administer the flood plain in the ETJ, as well as roadway maintenance in the ETJ and in new subdivisions. He referred to Section 1 of the proposed resolution and noted that with these considerations they are asking for a little latitude, that this resolution be approved with the understanding that there may be a slight departure from the agreement form attached to the resolution. Mayor asked the City Attorney about arbitration. The City Attorney explained that if there is a disagreement as to what the agreement contains a party can request arbitration and each party can appoint an arbitrator and those two arbitrators select a third arbitrator and that is how it is resolved. There are two options. Council can take the position of taking this document as it is written or if it is not acceptable to any county then they can seek arbitration to add or change any provision they desire. It is up to the Council how they want to handle this. Councilor Hawkins suggested that proposed changes be brought back to Council. Mayor explained that we are giving the City Manager leeway to make minor changes and the City Attorney would determine substantive changes and those would be brought back to the Council. Councilor Norrie requested that Staff copy Council on all changes, minor and major. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7d RESOLUTION NO. 171-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE APPLICATION OF 22,000 LINEAR FEET OF PAVEMENT MARKING MATERIAL TO DENNIS PARKING LOT MAINTENANCE IN THE AMOUNT OF $30,030.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Resolution No. 171-2003 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 7e RESOLUTION NO. 172-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE EXECUTION OF INTERLOCAL AGREEMENTS BY AND BETWEEN THE WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH DISTRICT AND THE INDEPENDENT SCHOOL DISTRICTS OF BURKBURNETT, CITY VIEW, ELECTRA AND WICHITA FALLS, REGARDING THE PROCUREMENT OF THOSE DISTRICTS' RESPECTIVE FACILITIES DURING A DECLARED PUBLIC HEALTH EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 232 Item 7e continued Moved by Councilor Williams that Resolution No. 172-2003 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 7f A proposed resolution was presented approving a revised water purchase contract with the City of Iowa Park. Moved by Councilor Ammons that proposed resolution be passed. Motion seconded by Councilor Williams. Mr. Scott Taylor informed that the City of Iowa Park bills Wichita Valley $1.65 per 1000 gallons, and we bill the City of Iowa Park $1.10 per 1000 gallons. The City of Iowa Park increases their charge to Wichita Valley by $0.55 per 1000 gallons. However, given the rate setting principles the City of Iowa Park is allowed to recover their costs to provide that water to those customers. Mr. Taylor noted that all water-supplying entities are required by law to have a drought contingency plan, and City of Iowa Park and Wichita Valley have not implemented drought contingency plans. Rates, lake capacity and drought issues were discussed at length. Mayor stated that the resolution just talks about a revised water purchase agreement and the resolution itself does not talk about adding 1.5 million gallons of water per day. It just says that we approve the amendment but we do not have the amendment. He wanted to know what the City of Iowa Park's average daily take is from the City of Wichita Falls during November and December. He also would like to know what the City of Iowa Park and Wichita Valley's drought contingency plans are, with the suggestion to Wichita Valley that we would look more favorably upon this if they adopted something similar to our Drought Contingency Plan. If they do not desire to do that then we probably are not going to have a desire to give them 1.5 million gallons of water. He suggested tabling this item. Moved by Councilor Hawkins to table this item. 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 7g RESOLUTION NO. 173-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH TENANTS AT KICKAPOO DOWNTOWN AIRPARK FOR HANGAR AND GROUND RENTALS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Mayor Altman stated that because of his children's trust he has a small interest in a hangar at Kickapoo Airport and even though he does not own an airplane out there, he feels it is appropriate that he not participate in the discussion of this issue. He turned the meeting over to Mayor Pro Tern Burns. Mayor Altman stepped out of Council Chambers. Item 7q continued 233 Mayor Pro Tern Burns presided over the meeting. Moved by Councilor Ammons that Resolution No. 173-2003 be passed. Motion seconded by Councilor Williams. Mr. Darron Leiker provided information requested by Council at their previous meeting. He informed that 4 out of 65 lessees have opted to renew their leases, and 2 of the 4 would benefit more from our proposal. He informed that it has been 20 years since a new hangar has been built out there, according to the leases he looked at. Rick Boone, 3613 Glenwood, stated that the reason more planes are housed at Wichita Valley is because it is cheaper although their service, runways and approaches are marginal. Those things are great at Municpal Airport and good at Kickapoo Airport. He felt that the money making was not on the ground leases but in the fuel purchased by the lessees. The City needs to encourage growth at Kickapoo. Charlie Reeves, 4115 Rivercrest, also felt that the money was in the fuel sales and not the ground leases. He felt that the rates should be uniform at both airports. He suggested appointing a committee to look into this. Tim Donovan, 1526 Celia, rents a hangar at Kickapoo and expressed his concern of poor management out there. He also suggested lowering the rates in order to encourage hangar building at Kickapoo. City Manager commented that it was not our intent to lose money out there but if it is diverted somewhere else he does not think we would see a difference in private investment out there. If the money stays in the Airport Operating Fund you will see more improvement. I think the City is the only one that is going to go in there to improve and build new hangars, but we need the revenue to do it. Leave the money in the Airport Operating Fund and continue to strive to improve it. The rates and their calculation were discussed at length as well as needed improvements and ideas from lessees on how this could be accomplished. Leslie Seger, Consultant, clarified that according to Federal policies regarding airport ratemaking the City is obligated to follow Federal policies, and rates have to be reasonable, fair, and consistent based on fair market value. She cautioned that if the City lowers the rate to less than $0.56 square foot, you are going to run afoul of the Federal regulations and would be in non- compliance of grant assurances. You need to consider fair and equitable rates. It was noted that the City would be working on needed improvements at Kickapoo. Motion carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: Councilor Hawkins Abstentions: Mayor Altman Mayor returned to Council Chambers. Item 7h RESOLUTION NO. 174-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR FIFTEENTH YEAR FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Resolution No. 174-2003 be passed. Motion seconded by Councilor Esther and carried by the following vote. 234 Item 7h continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7i This item was deferred until after Executive Session. Item 8a Councilor Esther thanked Mr. Darron Leiker for the additional lighting in the East Lynwood area. Councilor Esther commented that he has enjoyed working with this Council this year because he has seen so many good things taking place. He expressed appreciation to the Staff for responding in writing to citizen questions and concerns that he submitted. He stated that we have a lot to be thankful for, and asked that we remember the military personnel who are out there in the field of battle, and that we keep them in our prayers. Councilor Hawkins said it had been an enjoyable year. He was glad to see that we had some schools for the water police. He suggested that the number to call for discrepancies be put on the City channel. He thanked his constituents for their calls and thanked the Staff for their work in responding. He is pleased with the progress that has taken place in District 5. He hopes to see District 5 and District 2 increase to have more shopping out there. He hopes that things are finalized on the Loop 11 project. Mr. Leiker stated that it can be pushed back if land is acquired. Councilor Williams stated that she thinks our Staff does a good job. She asked that we remember and help those that do not have in order that they may have a special holiday season. She wished everyone, her contemporaries, and City Staff a Merry Christmas, Feliz Navidad, and a Happy New Year. Councilor Ammons wished everyone a Merry Christmas and a Happy New Year. She cautioned everyone to travel safely. Councilor Burns wished everyone a happy holiday season. He encouraged citizens to get involved in our community especially at this time of year by helping those less fortunate. He suggested helping worthy causes such as the American Cancer Society. Councilor Norrie expressed appreciation to Councilor Esther for always remembering our military. He asked that we remember them in our thoughts and prayers. Councilor Norrie referred to their decision on the airport ground leases. He said that for City Council most issues are not right or wrong or black or white; it depends on your perspective and actually knowing the whole story. We, as Council members need to do what is in the best interest for Wichita Falls and then for our district. 2003 has been a good year and although we at times disagree we all know that our motivation and interests are purely based on our life experiences and background; we have different perspectives on issues. Councilor Norrie wished everyone a Merry Christmas and expressed appreciation and pride in the City Staff for doing a great job. Mayor congratulated the City Clerk on her recertification. Mayor mentioned that our Staff had contributed over $38,000 to United Way and expressed pride in their dedication to the community. Mayor asked Mr. Jim Dockery to check into the possibility of setting up some kind of a deposit system with realtors as a temporary means to have water turned on for those folks that they are helping move into our City. Find some easy way to work with them. Councilor Ammons mentioned the delay in having electric service turned on. She suggested that BCI work on getting a bid to open a call center in Wichita Falls to service our City and the surrounding rural areas. Mayor directed the City Manager to speak with Mr. Sam Wilkerson and place as an agenda item for him to provide us information regarding electric service. 235 Item 8b City Manager stated that this has been a great year and it has been great to see how you work with each other and with the Staff. He wished Council a happy holiday season. Item 8c City Council went into Executive Session at 1:20 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 1:55 p. m. Mayor announced that no action nor votes were taken in executive session. Item 7i RESOLUTION NO. 175-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS REAPPOINTING MEMBERS TO SERVE ON THE WICHITA APPRAISAL DISTRICT BOARD OF DIRECTORS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Resolution No. 175-2003 be passed and that the names of Jimmie Holland and Arthur Bea Williams be inserted in the blanks. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d(1 a) Moved by Councilor Burns to reappoint Mr. Preston Giles, Place 4, and Mr. Michael Slye, Place 5 to the Airport Board of Adjustment with terms to expire December 31, 2005 and to appoint Mr. Gary Diehm to Place 1, with term to expire December 31, 2004. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d(1 b) No appointments were made to the Construction Board of Adjustment. Applications are needed for an air conditioning contractor. Item 8d(1c) Moved by Councilor Burns to reappoint Mrs. Jan Schaaf, Place 1, and Mrs. Dianne Thueson, Place, 8 to the Landmark Commission with terms to expire December 31, 2006 and to appoint Mr. Ralph Gibson to Place 9, replacing Ms. Loraine Blackwood, and Mr. Brian Drew Hayes to Place 6, replacing Mr. Michael Koen, with terms to expire December 31, 2006 Motion seconded by Councilor Williams and carried by the following vote. 236 Item 8d(1 c) continued Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d(1d) Moved by Councilor Burns to reappoint Mr. Cliff Berg, Place 2, Mr. Rusty Sons, Place 3, Mr. Patrick Powers, Place 5, Mr. Ken Birck, Place 7, and Mr. L.O. Nelson III, Place 9 to the Planning and Zoning Commission, with all terms to expire December 31, 2005. Mr. Charles Barr was reappointed and placed to serve in Place 6 with term to expire December 31, 2004. Mr. Ken Dowdy was appointed to serve in Place 11 with term to expire 12/31/2005. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d(1e) Moved by Councilor Burns to reappoint Mr. Ben Filer, Place 3, to the Tax Increment Finance Board with term to expire December 31, 2005 and to appoint Mrs. Debra White as Chair with this term to expire December 31, 2004. 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 8d(1)(f) Action on this item was taken under Item 7i above. Item 8d(1g) Moved by Councilor Burns to reappoint Mr. Les Seipel, Place 3, and Mr. Thomas, Cross, Place 4, to the Zoning Board of Adjustments with terms to expire December 31, 2005. Mr. Jose Garcia was moved to Place 5 with term expiration of December 31, 2005; Mr. Jerry Hutchins was moved to Place 6 as Alternate 1 with term expiration of 12/31/2004. Mr. James McNeil was moved to Place 7 as Alternate 2 with term to expire December 31, 2004; Mr. Michael Latham was appointed to Place 8 as Alternate 3 with term to expire December 31, 2004: Mr. Steve Wood was appointed to Place 9 as Alternate 4 with term to expire December 31, 2004. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Burns to appoint Dr. Dana Mills as chair to the Zoning Board of Adjustment with this term to expire December 31, 2004. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None 237 Item 8d(1h) Moved by Councilor Hawkins to appoint Dr. James Spears to Place 2 of the Animal Shelter Advisory Committee with term to expire December 31, 2005, Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Burns to appoint Ms. Debra Mills to Place 3 of the Animal Shelter Advisory Committee with term to expire December 31, 2004. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Burns to appoint Mr. Eamon Riley to Place 5 of the Animal Shelter Advisory Committee with term to expire December 31, 2004. It was noted that Mr. Roy Ressell is currently the City Official-Local Rabies Control Authority, Place 1, with no term limit. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d(1 i) Moved by Mayor Altman to reappoint Mr. Vernon Nesmith to Place 4 of the Aviation Advisory Board with term to expire December 31, 2006. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Mayor Altman to appoint Mr. Sidney Gills to Place 5 of the Aviation Advisory Board with term to expire December 31, 2006. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Mayor Altman to appoint Mr. Jon Rivkin to Place 6 of the Aviation Advisory Board with term to expire December 31, 2006. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d 1' Moved by Councilor Williams to reappoint Mrs. Nan Presson, Place 3, Mrs. Pat Haywood, Place 4, Mrs. Nancy Dickerson, Place 5, and Mrs. Rebecca Hawkins, Place 6, to the Clean Community Commission with terms to expire December 31, 2005 238 Item 8d(14) continued Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Williams to appoint Mrs. Jean Jones to Place 10 and Mr. Wayne Pharries to Place 14 of the Clean Community Commission with terms to expire December 31, 2005. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d(1 k) Moved by Councilor Ammons to reappoint Mrs. Bettye Tanner-Shelby, Place 2, Ms. Donna Adams, Place 3, and Mr. Dan Shine, Place 11, to the Commission on Highway Transportation System Needs with terms to expire December 31, 2005. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Ammons to appoint Mr. Todd Druien to Place 5 of the Commission on Highway Transportation System Needs with term to expire December 31, 2005. Motion seconded by Mayor Altman and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Mayor Altman to reappoint Mr. Dan Shine as Chair to the Commission on Highway Transportation System Needs with term to expire 12/31/2005. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d(11) Moved by Mayor Altman to reappoint the following members to the Commission on Human Needs with terms to expire December 31, 2005. Mrs. Katherine Phillips, Place 2, Mrs. Cheryl Larson, Place 4, Mrs. Teresa Ramos, Place 5, Mrs. Pay Haywood, Place 8, Mr. Brent Walker, Place 9, Mr. Dennis Marquardt, Place 13, and Mr. David Rippy, Place 17 Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None 239 Item 8d(11) continued Moved by Mayor Altman to appoint to the Commission on Human Needs Stephanie Green to Place 11 with term to expire December 31, 2004, Charinda Sestal to Place 14 with term to expire December 31, 2005, and Mr. Samuel Vaughn to Place 15 with term to expire December 31, 2006. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d(1 m) Moved by Councilor Burns to reappoint Mr. Elmer Emory, Place 5, and Mr. Brett Lee, Place 7, to the Park Board with terms to expire December 31, 2006 Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Burns to appoint to the Park Board Mrs. Jonnie Parker to Place 2 with term to expire December 31, 2006, Mr. Gary Diehm to Place 3 with term to expire December 31, 2005, and Mrs. Peg Marquardt to Place 4 with term to expire December 31, 2006. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d(1 n) Moved by Councilor Ammons to reappoint Mr. Brad Altman, Place 14, to the Traffic Safety Commission with term to expire December 31, 2006 Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Williams to appoint Mr. Samuel Vaughn to Place 13 of the Traffic Safety Commission with term to expire December 31, 2006. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d0 o) Moved by Councilor Esther to reappoint Mr. Charles Barr, Place 1, Mr. Charles Bentley, Place 4, and Mr. Chris Neeb, Place 5 to the Water Resources Commission with terms to expire December 31, 2005. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins 240 Item 8d0 o) continued Nays: None Item 8d(1 p) Moved by Councilor Norrie to reappoint Mrs. Beverly Stiles, Place 1, Dr. Kathy Sultemeier, Place 3, and Mr. Gregory Stockton, Place 4, to the Wichita Falls/Wichita County Health Board with terms to expire December 31, 2005. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Mayor announced that this concluded the televised portion of this meeting. Item 9 Rick Graham, 537 71h Street, expressed concern about the response to his request for TIF funds for the La Salle Apartments project. The TIF Board authorized $40,000 and his request was for $58,000. He stated that actual expenses would run approximately $70,000. For future planning he wanted to know the reasons he did not receive the entire amount he had requested. City Council adjourned at 2:30 p. m. PASSED AND APPROVED this day of 12004. tnJ'J-Q k WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, December 16, 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 Reggie Coe Grace Church 3. Presentations 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution to Accept the 2001-2002 Sanitary Sewer Budget Utility Improvement Project and Authorize Final Payment to Bowles Construction Co. (City Council Bill #323) b. Resolution Authorizing Award Of Bid For A 2-Ton Cab & Chassis With Aerial Lift Device. (City Council Bill #324) c. Resolution to Accept the River Road Wastewater Treatment Plant Lower Wet Well Rehabilitation Project CWF 03-550-22 and Authorize Final Payment to Bowles Construction Company, Inc. (City Council Bill #325) REGULAR AGENDA 6. Ordinances: 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 # 326) b. Ordinance Amending The 2002-2003 Budget In Various Funds As Part Of The 2002-2003 Fiscal Year End Closing Process. (City Council Bill #327) City Council Agenda Tuesday, December 16, 2003 Page 2 c. Ordinance Amending Chapter 26 Of The Code Of Ordinances, Business Regulations, At Section 26-94, Increasing Fees For Solicitor Permits And Section 26-93 Deleting The Bank Reference Letter. (City Council Bill #328) d. 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 #338) 7. Resolutions: a. Resolution Authorizing The City Manager To Apply For $22,596.00 In Grant Funds From The Federal Emergency Management Agency/United States Fire Administration-Assistance To Firefighter Grants Program Toward The Purchase Of Specialized Rescue Training And Projects For The New Fire Drill Field. (City Council Bill #329) b. Resolution Approving The Transfer Of Various Aged Receivable Accounts To Dormant Status As Part Of The City's Fiscal Year End Closing Process. (City Council Bill #330) c. Resolution Authorizing The Execution Of An Agreement With Archer, Clay, And Wichita Counties Regarding Subdivision And Development Regulations Within The Extraterritorial Jurisdiction Area Of The City Of Wichita Falls, Texas. (City Council Bill #331) d. Resolution Authorizing Award Of Bid For The Application Of 22,000 Linear Feet Of Pavement Marking Material. (City Council Bill #332) e. Resolution Authorizing The Execution Of Interlocal Agreements By And Between The Wichita Falls-Wichita County Public Health District And The Independent School Districts Of Burkburnett, City View, Electra, And Wichita Falls, Regarding The Procurement Of Those Districts' Respective Facilities During A Declared Public Health Emergency. (City Council Bill #333) f. Resolution Of The City Council Of The City Of Wichita Falls, Texas, Approving A Revised Water Purchase Contract With The City Of Iowa Park. (City Council Bill #334) g. Resolution Authorizing The City Manager To Execute Agreements With Tenants At Kickapoo Downtown Airpark For Hangar And Ground Rentals. (City Council Bill #335) h. Resolution Authorizing Application For Fifteenth Year Funding Of The North Texas Regional Drug Enforcement Task Force. (City Council Bill #336) i. Resolution Appointing/Reappointing Members To Serve On The Wichita Appraisal District Board Of Directors. (City Council Bill #337) City Council Agenda Tuesday, December 16, 2003 Page 3 8. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: (1) Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551.074 Of The Texas Government Code. a) Airport Board Of Adjustment b) Construction Board Of Adjustment c) Landmark Commission d) Planning And Zoning Commission e) Tax Increment Finance Board f) Wichita Appraisal District g) Zoning Board Of Adjustment d. Open Session: (1) Appointments To Boards And Commissions: a) Airport Board Of Adjustment b) Construction Board Of Adjustment c) Landmark Commission d) Planning And Zoning Commission e) Tax Increment Finance Board f) Wichita Appraisal District (Resolution) g) Zoning Board Of Adjustment h) Animal Shelter Advisory Committee i) Aviation Advisory Board j) Clean Community Commission k) Commission On Highway Transportation Needs 1) Commission On Human Needs m) Park Board n) Traffic Safety Commission o) Water Resources Commission p) Wichita Falls[Wichita County Health Board End Of Televised Segment 9. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. RESUME TELEVISED SEGMENT 10. Adjourn. City Council Agenda Tuesday, December 16, 2003 Page 4 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