Min 02/17/2004 278
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
February 17, 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.
Mayor Pro Tern Burns expressed condolences to the Altman Family. Mayor Altman's
grandson Jace Altman passed. Funeral services will be on Wednesday in Dallas.
Item 2
Associate Pastor Joe Come, Fairway Baptist Church Church, gave the invocation.
Item 3
Marlene Vacarella, Runners Club, presented Mayor Pro Tern a check in the amount of
$2,000, proceeds from the Trail's Fest Fun Run. These funds were presented for the continued
construction and development of the trails system. Mayor Pro Tern turned the check over to Mr.
Jack Murphy.
Mayor Pro Tern proclaimed the Multi Purpose Events Center as a Heart Friendly
Environment 2004. Proclamation received by George Casper, MPEC.
Mayor Pro Tern proclaimed March 2, 2004 as Taste of the Town in Wichita Falls. All
proceeds will go to the local Red Cross. Mr. Steve Ayers, Red Cross Chapter Manager, and Mr.
Bill Daniel, North Texas Restaurant Association representative, accepted the proclamation and
encouraged everyone to attend, as well as donate blood at the Red Cross.
Item 4
The Minutes were approved as distributed.
279
Items 5-6c
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Williams that the Consent Agenda be approved.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Pro Tern Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Item 5a
RESOLUTION NO. 27-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) EACH
1-TON CAB & CHASSIS WITH SERVICE BODY FROM HERB EASLEY MOTORS
IN THE AMOUNT OF $27,900.00; 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. 28-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) EACH 1-%-TON CAB &
CHASSIS FROM PRUITT FORD IN THE AMOUNT OF $26,068.00; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Items 6a-6c
Minutes of the following board and commission meetings were received.
a. Wichita Falls Park Board — January 22, 2004
b. Library Advisory Board — December 9, 2003
c. Wichita Falls Traffic Safety Commission — January 7, 2004
Item 7
A public hearing was held on hazardous structures.
Mayor Pro Tern declared the public hearing open.
Mrs. Rita Miller, Code Enforcement Officer, requested that the structure at 839 Hickory be
removed from the demolition list because the property owner is in compliance at this time.
Mayor Pro Tern read the properties on the demolition list and called for public comments.
The following properties were addressed.
Property: 829 Simmons
Owner: Shirley Flowers, 1635 Victory, informed that her brother purchased the property
from her and he was going to demolish it but was hospitalized. She asked for a 60-day extension
to demolish it.
Mr. Clark informed that under Council terms 30 days would automatically be given to meet
compliance, and it will be approximately six weeks before we actually demolish.
Councilor Williams clarified that demolition of the structure included cleaning the lot.
Mayor Pro Tern informed Mrs. Flowers that if there were no substantial progress six weeks
from today, the City would proceed with demolition.
280
Item 7 continued
Property: 2012 Speedway
Owner: John Johnson, 1810 Seventh Street, informed that he had been in the State
Hospital and had not been able to deal with this situation. He requested an extension to sell this
property. The building was in a structure fire.
Councilor Hawkins suggested giving him six months to dispose of the property. Mr. Clark
informed that under these circumstances in the past Council had authorized restoration permits.
Cheryl Burks, 205 Dirks, informed that she had been working with Mr. Johnson to cope with
this situation. She has the property secured and he wants to sell and demolish it.
Councilor Williams suggested giving him ninety days to sell and demolish the structure.
Property: 2620 Old Iowa Park Road aka 1005 Harlan Lane
Owner: Ray Barnes, President Barnes Maintenance, informed that the property is secure
and it is not a hazard. We keep the yard clean and mowed and every time that it is broken into we
re-secure it. We are out there every day.
Councilor Hawkins suggested giving him 60 days to make repairs and to secure the building
or demolish it.
Property: 6109 Seymour Highway
Owner: Sherry Elliott, Houston, TX. Mrs. Elliott's father, Woody Elliott, 1031 Wellington,
spoke on her behalf. He agreed that it does need to be demolished and asked for an extension to
see if a realtor could sell it. He agreed that it should not be taken off the demolition list, but wanted
30 days to get rid of the property.
Councilor Hawkins stated that Mrs. Elliott would be well served to leave this property on the
demolition list.
Mayor Pro Tern called for additional public comments. There being none, Mayor declared
the public hearing closed.
Item 8a
ORDINANCE NO. 17-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS AND/OR
STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO
DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30)
DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY;
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.17-2004 be passed.
Motion seconded by Councilor Williams.
Moved by Councilor Hawkins to amend the proposed ordinance by removing 839 Hickory
Street from the demolition list.
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
Moved by Councilor Hawkins to amend the proposed ordinance by giving Mr. John Johnson
90 days from today to dispose of or demolish his property at 2012 Speedway or bring a work plan
to the City, otherwise the City would proceed with demolition. It was clarified that this would fall
under the restoration permit process.
Motion seconded by Councilor Williams and carried by the following vote.
281
Item 8a continued
Ayes: Mayor Pro Tem Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Moved by Councilor Williams to allow Mrs. Shirley L. Flowers 60 days from today to
demolish her property at 829 Simmons otherwise the City would proceed with demolition.
Motion seconded by Councilor Hawkins and carried by the following vote.
Ayes: Mayor Pro Tem Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Moved by Councilor Williams to amend the proposed ordinance by allowing Mrs. Sherry
Elliott 90 days from today to demolish the structure and clean up the lot at 6109 Seymour Highway
otherwise the City would proceed with demolition.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Pro Tem Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Moved by Councilor Hawkins to allow Mr. Ray Barnes, Barnes Maintenance Services, Inc.
90 days from today to secure his property, including foundation, at 2620 Old Iowa Park Road aka
1005 Harlan and make repairs to the roof otherwise the City would proceed with demolition.
Motion seconded by Councilor Williams.
Mr. Barnes stated that he would fix the roof, keep the property secured, and make it look
nicer.
Motion 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 Tem Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Item 8b
ORDINANCE NO. 18-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
AUTHORIZING A BUDGET AMENDMENT TO THE 2003-04 BUDGET IN THE
AMOUNT OF $40,000 TO PROVIDE FOR AN INCREASE IN POLICE
ENFORCEMENT ACTIVITIES; 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. 18-2004 be passed.
Motion seconded by Councilor Williams.
It was noted that this budget amendment was recommended by Mayor Altman in an effort to
fight drugs in our community. These funds will be kept separately and used specifically in the drug
fighting effort.
Motion carried by the following vote.
282
Item 8b continued
Ayes: Mayor Pro Tem Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Item 8c
ORDINANCE NO. 19-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR THE
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT
RECEIVED FROM TARRANT COUNTY 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 Williams that Ordinance No. 19-2004 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 9a
RESOLUTION NO. 29-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) EACH 1-TON CAB &
CHASSIS FROM HERB EASLEY MOTORS IN THE AMOUNT OF $21,200.00;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Two options were submitted to Council. Council Bill #53A would award the bid to
Friendly Chevrolet of Dallas in the amount of $21,163.80. Council Bill #53B would award
the bid to Herb Easley Motors in the amount of$21,200.00.
Moved by Councilor Williams that Resolution No.29-2004, Council Bill #53B be passed.
Motion seconded by Councilor Ammons.
Charles Bowden, 1406 Amber Joy, Herb Easley representative informed that they had 113
employees, an annual payroll of$4.9 million, a tax base of$106,913, and sales taxes in the
amount of$2,097,619. We do have an impact on the City in this area and request that you
consider our bid under the 3% rule.
Mayor Pro Tern Burns noted that the bid difference was $36.20.
Motion carried by the following vote.
Ayes: Mayor Pro Tern Burns Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
283
Item 9b
RESOLUTION NO. 30-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AWARDING BID AND CONTRACT FOR THE WEEKS TENNIS PARKING
LOT PROJECT (CWF 04-HCR-02); 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. 30-2004 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 9c
RESOLUTION NO. 31-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, ACCEPTING THE 2003 WATER BUDGET UTILITY IMPROVEMENT
PROJECT (CWF 03-550-04) AND AUTHORIZING 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
Moved by Councilor Ammons that Resolution No. 31-2004 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Pro Tem Burns, Councilors Williams, Ammons, Esther, Norrie, and Hawkins
Nays: None
Item 9d
RESOLUTION NO. 32-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AN EXPENDITURE BY THE WICHITA FALLS POLICE
DEPARTMENT FROM THE SEIZED FUNDS ACCOUNT FOR A ONE-TIME
EXPENDITURE OF $34,900.00; 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. 32-2004 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
284
Item 9e
RESOLUTION NO. 33-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE HERTZ CORPORATION FOR A NON-EXCLUSIVE RENTAL CAR
CONCESSION AT WICHITA FALLS MUNICIPAL AIRPORT; 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. 33-2004 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 10a
Councilor Williams congratulated everyone on the Council that participated in the Habitat for
Humanity fundraiser. It was a lot of fun. She expressed appreciation to Council members for
everything they did and in the spirit in which they participated in these athletic events.
Councilor Ammons thanked Mr. Dockery for the sales tax history he provided the Council.
Councilor Ammons expressed concern about the patrons who sit behind the guest player
bench and taunt the guest players. Councilor Norrie informed that there are designated persons
who oversee that area and anyone acting inappropriately is escorted out.
Councilor Hawkins informed that a traffic crossing light would be installed at Missile Road.
Councilor Hawkins expressed concern about the dead fish at Plum Lake. Mr. Murphy informed that
this happens when the lake level is down and sometimes because of the weather.
Councilor Hawkins mentioned the water ordinance and the problem it is causing car wash
dealers in having to designate a closing day. Councilor Esther informed that the Water Resources
Commission had met with the car wash people and they are the only ones being affected by this
because the restaurants and other businesses are not included in the ordinance. We should just
leave them completely out of the ordinance and leave it the way it was previously. Mr. Scott Taylor
informed that the City is waiting to hear from the car wash people and staff will make a
recommendation to the Commission and a recommendation will be brought to the Council. Mr.
Taylor said that he would see that the portable car washes are included in the discussion at the
next Water Resource Commission meeting.
Councilor Hawkins stated that they are still looking for someone to file for District 5
councilor.
Councilor Esther commented that parents should get involved in the fight against crime.
The Police cannot do the job themselves.
Councilor Esther asked that Staff look at the possibility of a flashing light at Maurine and
Sheppard Access Road. Mr. Leiker will discuss this with TXDOT.
Councilor Esther was disturbed about the article in the newspaper regarding an incident
that happened at one of our largest employers. The City and staff have done a wonderful job in
coordinating its efforts with all the responsible activities in our City. At no time have I experienced
any lack of communication or coordination as far as the City is concerned. He asked that the
outside agencies join in with the City in their relationship with the major employers in our area.
They are important to us and we want to retain them
Councilor Norrie commented that he was impressed with the Police Department's efforts in
the fight against drugs.
Councilor Norrie offered a prayer of peace and comfort for the Altman Family in the death of
Mayor Altman's grandson, Jace Alexander Altman.
285
Item 10a continued
Mayor Pro Tern Burns expressed appreciation to Councilor Norrie for this appropriate
gesture of keeping the Altman Family close to our hearts.
Item 10b
Police Chief presented a report on Racial Profiling. This report is on file in the Office of the
City Clerk.
Councilor Williams suggested that a report be prepared excluding the Weed and Seed area
because that is basically an ethnic neighborhood. Chief Coughlin was not certain that could be
done but would look into it.
Mayor Pro Tern Burns commented that this was a difficult dilemma and in his view we run a
serious risk when everything we do is divided among group lines. We are one group, one
community and we should want to reduce crime no matter what group we are in. We have to
acknowledge we are all a part of a larger group.
Item 11
No one signed up to speak under Public comments.
City Council adjourned at 11:40 a. m.
PASSED AND APPROVED this�day of , 2004.
JOHN A. BURNS
MAYOR PRO TEM
ATTEST:
Lydia Torres-Ozuna
City Clerk
NOTICE OF MEETING
Regular Meeting Of The Mayor And City Council Of The City Of
Wichita Falls, Texas To Be Held In The City Council Chambers Of
The Memorial Auditorium, 1300 Seventh Street, On Tuesday,
February 17, 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 Brett Storseth
Fairway Baptist Church
3. Presentations:
4. Approval of Minutes.
CONSENT AGENDA
5. Resolutions:
a. Resolution Authorizing Award Of Bid For The Purchase Of
One (1 ) Each 1-Ton Cab & Chassis With Service Body From
Herb Easley Motors, In The Amount Of $27,900.00. (City
Council Bill #48)
b. Resolution Authorizing Award Of Bid For The Purchase Of
One (1) Each 1 '/2-Ton Cab & Chassis From Pruitt Ford, In
The Amount Of $26,068.00. (City Council Bill #49)
6. Receive Minutes:
a. Wichita Falls Park Board Meeting — January 22, 2004
b. Library Advisory Board Minutes — December 9, 2003
c. Wichita Falls Traffic Safety Commission — January 7, 2004
City Council Agenda
Tuesday, February 17, 2004
Page 2
REGULAR AGENDA
7. Public Hearings:
a. Public Hearing On Hazardous Structures.
8. Ordinances:
a. An Ordinance Declaring Certain Structures As Dangerous,
In Violation Of Ordinance And Commanding Certain Action
With Regard To Same. (City Council Bill #50)
b. Ordinance Authorizing A Budget Amendment To The 2003-
04 Budget In The Amount Of $40,000 To Provide For An
Increase In Police Enforcement Activities. (City Council Bill
#51)
c. Ordinance Making Appropriation To The Special Revenue
Fund For The Housing Opportunities For Persons With AIDS
(HOPWA) Grant Received From Tarrant County And
Authorizing The City Manager To Execute A Contract
Accepting Same. (City Council Bill #52)
9. Resolutions:
a. Resolution Authorizing Award Of Bid For The Purchase Of
One (1) Each 1-Ton Cab And Chassis. (City Council Bill
#53A / 53 B)
b. Resolution Awarding Bid And Contract For The Weeks
Tennis Parking Lot Project (CWF 04-HCR-02). (City Council
Bill #54)
c. Resolution Accepting The 2003 Water Budget Utility
Improvement Project (BUIP) CWF 03-550-04 And Authorize
Final Payment To Bowles Construction Co. (City Council Bill
#55)
d. Resolution Authorizing Expenditure By The City Of Wichita
Falls Police Department From The Seized Funds Account In
The Amount Of $34,900.00 For The Procurement Of Various
Items Not Included In The FY 2003 / 2004 General Fund
Budget. (City Council Bill #56)
e. Resolution Authorizing The City Manager To Execute An
Agreement With The Hertz Corporation For A Rental Car
City Council Agenda
Tuesday, February 17, 2004
Page 3
Concession At Wichita Falls Municipal Airport. (City Council
Bill #57)
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
the day of 20 at
o'clock (a.m.)(p.m.).
City Clerk