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Min 01/06/2004 241 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 6, 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 - Michael Norrie - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Item 2 Major Michael Barnhouse of the Salvation Army gave the invocation. Item 3 Mrs. Myrna Mack, Customer Service Attendant I, Police Department, was recognized as employee of the month for January 2004. Mayor presented Mrs. Mack with a plaque, City pin, check, dinner for two, and Weeks Golf Course passes. Mayor proclaimed the month of January 2004 as Crime Stoppers Month. Mr. David Tanner, Crime Stoppers Board President, Officers Melvin Joyner and Masterson accepted the proclamation and expressed appreciation to the Council and citizens for their support of this program. Item 4 The Minutes were approved as distributed. Item 5-6f City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Hawkins requested that Item 6a be moved to the Regular Agenda. Mayor made the following observation. The Library Board minutes were signed by the Library Administrator and should be signed by the Chair of the Board. He asked the City Clerk to inform the Library Administrator of this. 242 Items 5-6f continued Moved by Councilor Hawkins that the Consent Agenda be approved with the exception of Item 6a. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Items 5a-5e Minutes of the following board and commission meetings were received. a. Landmark Commission — December 19, 2003 b. Library Advisory Board — October 28, 2003 c. Wichita Falls/Wichita County Public Health Board —October 24, 2003 d. Planning and Zoning Commission — December 10, 2003 e. Tax Increment Financing Board — December 15, 2003 Item 6b RESOLUTION NO. 2-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE FIRE STATION NO. 2 REMODELING PROJECT (CDBG) (CWF 03-204-11) AND AUTHORIZE FINAL PAYMENT TO NORMAN R. BRATCHER COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6c RESOLUTION NO. 3-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) EACH MINI VAN FROM HERB EASLEY MOTORS IN THE AMOUNT OF $18,052.64; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6d RESOLUTION NO. 4-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) EACH 1/2 —TON EXTENDED CAB PICKUPS FROM FOUR STARS MOTORS IN THE AMOUNT OF $29,651.76; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6e RESOLUTION NO. 5-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) EACH 1/2—TON CAB & CHASSIS FROM FOUR STARS MOTORS IN THE AMOUNT OF $21,466.68; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6f RESOLUTION NO. 6-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF THREE (3) 4-DOOR SEDANS FROM WICHITA FALLS FORD LINCOLN MERCURY IN THE AMOUNT OF 243 Item 6f continued $36,744.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a RESOLUTION NO. 1-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE POLICE DEPARTMENT PARKING LOT PROJECT (CWF 03-100-05) AND AUTHORIZE FINAL PAYMENT TO B. W. STRAYHORN COMPANY; 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. 1-2004 be passed. Motion seconded by Councilor Williams. Councilor Hawkins asked if we were going to expand that parking lot and if this was going to be a flat surface or have curbs put in. Mr. Scott Taylor replied that the parking lot is a flat surface but was designed to have entrances on Fifth and Seventh Streets. It was designed so it could be expanded to the north and at that time the curbs could be addressed. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7a ORDINANCE NO. 1-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS AT ARTICLE II, BUILDING CODES, SECTION 22-26; 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. 1-2004 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 7b ORDINANCE NO. 2-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES AT CHAPTER 2, ADMINISTRATION, UNDER ARTICLE VI, DEVELOPMENT FEES; SECTION 2- 911, MISCELLANEOUS DEVELOPMENTAL FEES; 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.2-2004 be passed. 244 Item 7b continued Motion seconded by Councilor Williams. It was noted that the carport application fees should also be adjusted since those applications also require staff time and the general policy is not to encourage those type of uses. It should be the same fee as other permits. Move by Councilor Norrie to amend Section 2-911 (8)b.2. by increasing the carport application fee from $50.00 to $75.00. Motion seconded by Councilor Williams. Mayor mentioned that we have strived for consistency and if it is a conditional use permit it should be treated like all other conditional use permits so that we do not have staff confusion over exceptions to the fees for various levels. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: Councilor Hawkins Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: Councilor Hawkins Item 7c ORDINANCE NO. 3-2004 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING FUND IN AN AMOUNT NOT TO EXCEED $40,000 TO THE STUDIO HOTEL, ALSO KNOWN AS THE LASALLE APARTMENTS, A PROJECT OF R.C. GRAHAM, INC; FINDING AND DETERMINING THAT THE MEETING AT WHICH THISORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 3-2004 be passed. Motion seconded by Councilor Esther. Mr. And Mrs. Rick Graham, 1340 Saratoga spoke in favor of this ordinance. Concern was expressed by some of the Council members that the TIF Board recommendation should not be overridden because of their diligence and fairness in handling issues. In addition, the TIF Board's decisions are made on detailed information that the Council does not have. Mayor commented that he did not want to send the TIF Board the wrong message in respect to their efforts. Councilor Ammons commented that Mr. & Mrs. Graham have done so much for downtown and we should help them by giving this request another look. Moved by Councilor Ammons to amend the proposed ordinance by increasing the amount from $40,000 to $50,000. Motion seconded by Councilor Williams. It was noted that this project was a commercial venture, which is calculated to make a return. Councilor Williams stated that she did not feel it was an affront to any board/commission when the Council takes another look at their recommendations. Also, she did not want to see October 2004 come around with those funds still sitting there and that we did not contribute to this project when we had the opportunity. She added that she expected that Mr. & Mrs. Graham would have an investment that would have some financial reward. 245 Item 7c continued Mayor commented that he did not want to override this recommendation because the other two entities, W.F.I.S.D. and the County, may feel that their representatives are not being heard, and this could affect their decision in reauthorizing the TIF District. Motion carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, and Hawkins Nays: Mayor Altman, Councilors Norrie, and Burns Main motion as amended carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, and Hawkins Nays: Mayor Altman, Councilors Norrie, and Burns Councilor Ammons stepped out of Council Chambers. Item 7d ORDINANCE NO. 4-2004 ORDINANCE AMENDING THE TAX INCREMENT FINANCE AWARD TO THE HOLT HOTEL PROJECT REGARDING AUTHORIZED EXPENDITURES; 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. 4-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None City Council recessed at 9:35 a.m. and reconvened at 9:55 a.m. Item 7e ORDINANCE NO. 5-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING APPROXIMATELY 30 ACRES OUT OF THE A. R. COLLINS SURVEY, ABSTRACT 414, FROM SINGLE FAMILY-1 AND HEAVY INDUSTRIAL TO GENERAL COMMERCIAL ZONING; AND AMENDING THE LAND USE PLAN TO CONFORM TO THE REZONING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 5-2004 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 246 Item 7f ORDINANCE NO. 6-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 1519 & 1521 ELIZABETH AVENUE; AND 1601, 1603, 1605 & 1607 GRACE STREET; AND THE ALLEY RIGHT-OF-WAY ADJACENT TO 1607 GRACE AND 1519 ELIZABETH, CHANGING THE ZONING FROM SINGLE FAMILY-2 TO GENERAL COMMERCIAL AND AMENDING THE LAND USE PLAN TO CONFORM TO THIS REZONING; 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. 6-2004 be passed. 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 7q ORDINANCE NO. 7-2004 ORDINANCE ACCEPTING GRANT FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY FOR ASSISTANCE TO FIRE OPERATIONS AND FIREFIGHTER SAFETY, AND MAKING AN APPROPRIATION IN THE GENERAL FUND FOR THE MATCHING CONTRIBUTION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THISORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 7-2004 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 7h 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. Two options were submitted for Council consideration under this ordinance labeled Council Bill 14a and Council Bill 14b. Moved by Councilor Ammons that Council Bill 14a be passed. Motion seconded by Councilor Norrie. Councilor Norrie spoke in favor of Council Bill 14a stating that each property owner should get one warning. Mayor felt that warnings had been sent when the water restriction information was sent out to the 30,000 water accounts along with a magnet to use as a reminder, as well as providing a grace period before they were ticketed. It was noted that citizens who were ticketed had various options. They could pay the fine, talk with the prosecutor if they are wishing special consideration, plea their case before the magistrate, or they could request a jury trial. A lengthy discussion ensued noting various ways to prevent water infractions, what the difference is between a code violation and a water violation. 247 Item 7h continued Jordan Gary, 3211 Martin, felt that the $350 first time offense fee was abusively high. He thought that $100 would be okay. Wayne Mansur, 1604 Weeks, representing Texhoma Credit Union, stated that sometimes ordinance violations are beyond our control, such as power surges, which prevent equipment from functioning properly. He felt that everyone that the City sells water to should be under the same restrictions as the citizens of Wichita Falls. Notices and all information to citizens should be consistent. Mayor asked Mr. Mansur if warnings should be given every time a power surge occurs. We cannot come up with an individual solution to take into account every individual incident. Additional discussion ensued about issuing warnings and the enforcement process of this ordinance. Motion failed by the following vote. Ayes: Councilor Norrie Nays: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins City Council recessed at 11:30 a.m. and reconvened at 11:40 a.m. Item 7h - Council Bill 14b ORDINANCE NO. 8-2004 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 THISORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Council Bill 14b, Ordinance No. 8-2004, be passed. Motion seconded by Councilor Norrie. Moved by Councilor Williams that Section (i) be amended after the first sentence in that paragraph by adding the following sentence: "Each fine shall be in addition to any applicable court costs." Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Moved by Councilor Hawkins that Section (i) be amended by adding the following wording to the first sentence: "...not more than Five Hundred ($500.00) Dollars for the second offense; and not more than One Thousand (11,000.00, Dollars for each offense thereafter." That sentence would read as follows: "Any person, firm, corporation or other entity found in violation of any provision of this ordinance shall be punished by a fine of Twenty-Five ($25.00) Dollars for the first offense; not more than Five Hundred ($500.00) Dollars for the second offense; and not more than One Thousand ($1,000.00) Dollars for each offense thereafter." Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Councilor Burns stated that he would vote against this because he thinks the system is in place to handle these fines and the courts have the right to set reasonable fines. 248 Item 7h, Council Bill 14b continued Main motion as amended carried by the following vote. Ayes: Councilors Williams, Ammons, Norrie, and Hawkins Nays: Mayor Altman, Councilors Esther and Burns City Council recessed at 12:00 p.m. for lunch and reconvened at 12:45 p.m. Item 8a RESOLUTION NO. 7-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HALFF ASSOCIATES, INC. FOR THE ENGINEERING SERVICES FOR THE DESIGN OF MCGRATH CREEK DRAINAGE IMPROVEMENTS PHASE 2 AND 3; 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. 7 -2004 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 8b This item dealing with a contract with Carter& Burgess, Inc. for engineering services for the TPDES Phase II Stormwater Permit compliance was removed from the agenda. Councilor Esther stepped out of Council Chambers. Item 8c RESOLUTION NO. 8-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING A GRANT FOR CURBSIDE RECYCLING CONTAINERS IN THE AMOUNT OF $15,000.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 8-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Burns, and Hawkins Nays: None Item 8d RESOLUTION NO. 9-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, 249 Item 8d continued TEXAS, APPROVING A REVISED WATER PURCHASE CONTRACT WITH THE CITY OF IOWA 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 Ammons that Resolution No. 9-2004 be passed. Motion seconded by Councilor Williams. Councilor Esther returned to Council Chambers. Mr. Scott Taylor presented information previously requested by Council. Steve Stone, Wichita Valley Water Supply Corporation, provided information on their contract with Iowa Park as well as their needs, peak situations, their service area and room for growth. He also explained their Drought Contingency Plan. Mike Price, Iowa Park City Administrator, informed that they had put their Drought Contingency Plan into place in 1999. Since that time their citizens have had to adhere to the Plan for all but 21 days. He provided information on their average and peak usage. Moved by Mayor Altman to amend the third sentence in Section 1.6 to read as follows: "In addition, until June 6, 2004, the City of Iowa Park is allowed to take an additional 970,000 gallons per day as a pass through to Wichita Valley Water Supply Corporation." 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 8e RESOLUTION NO. 10-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING A BID TO DELL INCORPORATED FOR VARIOUS REPLACMENT COMPUTER SERVERS AND TAPE BACKUP UNITS; 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. 10-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8f A proposed resolution was presented authorizing the purchase of seven (7) each %-ton pickups from Four Stars Motors in the amount of$107,293.06. Two options were submitted for Council consideration labeled Council Bill 20a and Council Bill 20b. Council Bill 20a would award the bid to Four Stars Motors and Council Bill 20b would award the bid to Patterson Auto Center. Moved by Councilor Williams that Council Bill 20a be passed. 250 Item 8f continued Motion seconded by Councilor Ammons. Skip Horne, Patterson Auto Center representative, stated that they are 3% below the low bidder and asked Council to consider that they are a local dealer, they employ 130 people; they pay taxes here and local utilities. It benefits the City and the County to purchase locally. Mr. Horne informed that Patterson's has done business with the City and they have gone above and beyond. They are a 2.5 star dealership and would like the opportunity to do business again with the City. RESOLUTION NO. 11-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF SEVEN (7) EACH 3/4-TON PICKUPS FROM PATTERSON AUTO CENTER IN THE AMOUNT OF $107,903.25; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Williams offered the following as a substitute to the main motion. Councilor Williams proposed substituting Council Bill 20a with Council Bill 20b, which would award the bid to Patterson Auto Center as well as pass Resolution No. 11-2004, Councilor Ammons agreed to the substitute motion. Substitute motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8g RESOLUTION NO, 12-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF SPRING FLOWERS TO BEREND BROTHERS IN THE AMOUNT OF $13,011.78; ROCKHILL GREENHOUSE FARMS IN THE AMOUNT OF $10,620.90 AND H & H FARMS IN THE AMOUNT OF $3,183.31; 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. 12-2004 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 Councilor Norrie stepped out of Council Chambers. Item 8h RESOLUTION NO. 13-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A PETERSON SOLID WASTE TRUCK BODY THROUGH HOUSTON-GALVESTON AREA COUNCIL (HGAC) PURCHASING COOPERATIVE, FROM PETERSON INDUSTRIES IN THE AMOUNT OF $39,432.75; FINDING AND DETERMINING THATTHE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 251 Item 8h continued Moved by Councilor Williams that Resolution No. 13-2004 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Councilor Norrie returned to Council Chambers. Item 8i RESOLUTION NO. 14-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) SUBURBAN FROM FOUR STARS MOTORS IN THE AMOUNT OF $26,784.77; 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. 14-2004 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 80 A resolution was presented authorizing the purchase of two (2) each one-ton crew cab pickups from Red McCombs Dodge in the amount of$46,326.00. Two options were submitted for Council consideration labeled Council Bill 24a, which would award the bid to Red McCombs Dodge and Council Bill 24b, which would award the bid to Patterson Auto Center. Skip Horne, Patterson Auto Center representative, stated that they are 3% below the low bidder and asked Council to consider that they are a local dealer; they employ 130 people; they pay taxes here and local utilities. It benefits the City and the County to purchase locally. Mr. Horne informed that Patterson's has done business with the City and they have gone above and beyond. They are a 2.5 star dealership and would like the opportunity to do business again with the City. RESOLUTION NO. 15-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) EACH ONE-TON CREW CAB PICKUPS FROM PATTERSON AUTO CENTER IN THE AMOUNT OF $46,745.50; 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. 15-2004, Council Bill 24b, 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 252 Item 9a Councilor Ammons asked when the TXU representative would be presenting information on timely service. The City Manager informed that he would be here at the next Council meeting. Councilor Ammons asked about the repairs at 10th Street between Beverly and Kemp. Mr. Scott Taylor informed that it is one of the projects that could be considered and he will be submitting a list of proposed projects to the City Manager very shortly. He would propose to do that street in stamped brick. Councilor Norrie expressed appreciation to his colleagues and staff for indulging him on the water ordinance restrictions. It was a good discussion and he is happy with the result. Councilor Esther commented that water is a crucial situation in our City and we have to look at what is going to benefit the City in the long run. We have become lax in what we are trying to do that is beneficial for the City. What we do is in the best interest of the City and we cannot be backtracking. Councilor Esther suggested that Staff discuss funeral escorts with funeral directors. Councilor Hawkins commented that the funeral homes have said they do not want to provide that service. Councilor Hawkins felt the Council had made a wise decision in the water issue. Let's make this a citizen-friendly City. Councilor Williams stated that the Police Department has a manpower shortage problem and by adding funeral escorts to their duties would be an enormous amount of manpower. She felt that the funeral homes should take care of that problem. Councilor Williams thought the water ordinance action was a good one. Councilor Williams informed that the Martin Luther King breakfast date had been changed from January 17 to January 24. She encouraged everyone to arrive at 7:30 a.m. Mayor commented that today the citizens could see a great way on how decisions are made by this body. The people on this Council do not have agendas; we are here to serve our citizens. Item 9b The Library's power point presentation will be shown at the next Council meeting. No one signed up to speak under Public Comments. Item 10 Appointments to the Traffic Safety Commission were postponed until the next Council meeting. City Council adjourned at 2:40 p. m. PASSED AND APPROVED this ��day of 2004. 253 WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres 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, January 6, 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: 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. Receive Minutes: a. Landmark Commission — December 19, 2003 b. Library Advisory Board — October 28, 2003 c. Wichita Falls-Wichita County Public Health Board — October 24, 2003 d. Planning and Zoning Commission — December 10, 2003 e. Tax Increment Financing Board — December 15, 2003 6. Resolutions: a. Resolution to Accept the Police Department Parking Lot Project (CWF 03-100-05) and Authorize Final Payment to B.W. Strayhorn Company. (City Council Bill # 1) b. Resolution to Accept the Fire Station No. 2 Remodeling Project (CDBG) (CWF 03-204-11) and Authorize Final Payment to Norman R. Bratcher Company. (City Council Bill # 2) City Council Agenda Tuesday, January 6, 2004 Page 2 c. Resolution Authorizing Award Of Bid For The Purchase Of One (1 ) Each Mini Van From Herb Easley Motors. (City Council Bill # 3) d. Resolution Authorizing Award Of Bid For The Purchase Of Two (2) Each '/2-Ton Extended Cab Pickups To Four Stars Motors. (City Council Bill # 4) e. Resolution Authorizing Award Of Bid For The Purchase Of Two (2) Each '/2-Ton Cab & Chassis To Four Stars Motors. (City Council Bill # 5) f. Resolution Authorizing Award Of Bid For The Purchase Of Three (3) Each 4-Door Sedans To Wichita Falls Ford Lincoln Mercury, In The Amount Of $36,744.00 (City Council Bill # 6) REGULAR AGENDA 7. Ordinances: a. Ordinance Amending Part II Of The Code Of Ordinances At Chapter 22, Buildings And Building Regulations At Article II, Building Codes, Section 22-26. (City Council Bill # 7) b. Ordinance Amending Part II Of The Code Of Ordinances At Chapter 2, Administration, Under Article VI, Development Fees, Section 2-911, Miscellaneous Development Fees. (City Council Bill # 8) c. Ordinance Making An Appropriation From The Tax Increment Financing Fund In An Amount Not To Exceed $40,000 To The Studio Hotel, Also Known As The LaSalle Crossing Apartments, A Project By R.C. Graham Inc. (City Council Bill # 9) d. Ordinance Amending The Tax Increment Financing Award To The Holt Hotel Project Regarding Authorized Expenditures, Finding And Determining That the Meeting At Which This Ordinance Was Passed Was Open To The Public As Required By Law. (City Council Bill # 10) e. Ordinance Rezoning A Tract Of Land South Of Reilly Road, Described As Being Approximately 30 Acres Out Of The A. R. Collins Survey, Abstract 414, From Single Family-1 And Heavy Industrial To General Commercial, And Amending City Council Agenda Tuesday, January 6, 2004 Page 3 The Land Use Plan. (City Council Bill # 11) f. Ordinance Rezoning 1519 & 1521 Elizabeth Avenue And 1601 , 1603, 1605 & 1607 Grace Street; And The Adjacent Alley Right-Of Way, Changing The Zoning From Single Family-2 To General Commercial And Amending The Land Use Plan. (City Council Bill # 12) g. Ordinance Accepting Grant Funds from the Federal Emergency Management Agency, Department of Homeland Security, for Assistance to Fire Operations and Firefighter Safety, and making an appropriation in the General Fund for the matching contribution. (City Council Bill # 13) h. 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 # 14a & 14b) 8. Resolutions: a. Resolution Authorizing The City Manager To Execute A Contract With Halff Associates, Inc. For Engineering Services For The Design Of McGrath Creek Drainage Improvements. (City Council Bill # 15) b. Resolution 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 # 16) c. Resolution Accepting A Grant In The Amount Of $15,000.00 For Purchase Of Curbside Recycling Containers. (City Council Bill # 17) d. 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 # 18) e. Resolution Awarding A Bid To Dell Incorporated For Various Replacement Computer Servers And Tape Backup Units. (City Council Bill # 19) f. Resolution Authorizing Award Of Bid For The Purchase Of Seven (7) Each %-Ton Pickups. (City Council Bill # 20a & 20b) g. Resolution Authorizing Award Of Bid For The Purchase Of The City's Annual Spring Flowers. (City Council Bill # 21) City Council Agenda Tuesday, January 6, 2004 Page 4 h. Resolution Authorizing The Purchase Of A Petersen Solid Waste Truck Body Through Houston-Galveston Area Council (HGAC) Purchasing Cooperative. (City Council Bill # 22) i. Resolution Authorizing Award Of Bid For The Purchase Of One (1) Suburban From Four Stars Motors, In The Amount Of $26,784.77. (City Council Bill # 23) j. Resolution Authorizing Award Of Bid For The Purchase Of Two (2) Each One-Ton Crew Cab Pickups. (City Council Bill #24 a & 24b) 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. END OF TELEVISED SEGMENT Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. 10. Consider Appointments to the Traffic Safety Commission 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. City Council Agenda Tuesday, January 6, 2004 Page 5 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