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Min 04/06/2004 308 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building April 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 - Jan Stricklin - Director Administrative Services Bill Sullivan - City Attorney Lydia Torres-Ozuna - City Clerk Mayor called the meeting to order. Item 2 Mr. Byron Jackson, First Baptist Church, gave the invocation. Item 3a Joel Quebbeman, Traffic Control Technician I, Aviation, Traffic & Transportation, was recognized as employee of the month for April 2004. Mayor presented Mr. Quebbeman with a plaque, City pin, check, dinner for two, and Weeks Golf Course passes. Mayor proclaimed the month of April as "Child Abuse Prevention Month" in Wichita Falls and April 6 Y 9 2004 as "Blue Ribbon Day" in Wichita Falls in recognition of the prevention of child abuse. Ms. Kathryn McKinney, Executive Director of Patsy's House, along with other children's agencies accepted the proclamation. Mayor informed that every year the Wichita County Child Welfare Board recognizes an individual who excels in the prevention of child abuse. This year's recipient of the Patsy Baggett Award is Dr. Terry Johnson. Dr. Johnson was honored for his outstanding services in child abuse prevention and is a voice in the courts and community who speaks against child abuse and its prevention. He was recognized and applauded for his efforts on behalf of the children in Wichita Falls. Dr. Johnson expressed appreciation to the groups and organizations that he works with in the prevention of child abuse. Mayor informed that Ms. Kathryn McKinney will be moving to Euless and expressed appreciation for all the work that she has done in Wichita Falls. Mayor proclaimed the week of April 5-11, 2004 as "Public Health Week" in Wichita Falls. Dr. Beverly Stiles and Mrs. Diane Stewart, Public Health District Board members, and Mrs. Barbara Clements, Director of Public Health District, accepted the proclamation. Mrs. Katie Parkey and Denise Moffet, 2003 Falls Fest Co-Chairs, presented the City with a check in the amount of$6,181.69, proceeds from Falls Fest. Mrs. Parkey informed that the Junior League of Wichita Falls has put $55,000 back into our community. This year Falls Fest will be held September 24-25. 309 Item 3a continued Mr. Troy Secord, Rotary North Club, presented the City with a check in the amount of $10,000 to complete the project at Rotary Park, north of Cunningham School. Mr. Dave Clark introduced Ms. Cynthia Thompson, Weed & Seed Coordinator. Mayor recognized Mr. Jack Murphy and the Parks & Recreation Department Staff for hosting the Texas Recreation and Parks Society convention here in Wichita Falls. Mr. Glenn Jamison, TRAPS Conference Program Chair, Terry Points, Kathy Whetstone, Ricky Herd, along with other staff members were recognized for their hard work and involvement in this conference. Mr. Murphy presented the Mayor with a plaque that was presented to him at the conference commemorating this event. Item 3b Mr. Mike Edgin, Mathis, West, Huffines, presented the City's Comprehensive Annual Financial Report for the Fiscal Year ending September 30, 2003. Item 4 The Minutes were approved as distributed. Items 5a-6f Mrs. Stricklin 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 Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 5a RESOLUTION NO. 45-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE 2003 ALLEY REHABILITATION PROJECT (CWF03- 530-20) AND AUTHORIZE FINAL PAYMENT TO JIMMIE M. GARCIA CONSTRUCTION, INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a-6f Minutes of the following board and commission meetings were received. a. Planning and Zoning Commission — February 11, 2004 b. Wichita Falls Park Board — February 26, 2004 c. Library Advisory Board — January 27, 2004 d. Water Resources Commission —January 22, 2004 e. Water Resources Commission — February 12, 2004 f. Water Resources Commission — February 25, 2004 Item 7a A public hearing was held regarding the amendments to the proposed use of Community Development Block Grant (CDBG) Funds in a previously approved Consolidated Plan. 310 Item 7a continued Mayor declared the public hearing open. Mr. Dave Clark informed that from time to time it becomes necessary to revise or amend the One Year Action Plan of the Consolidated Plan. There is an opportunity to reallocate funds that are not used. Savings for reallocation come from the following FY2002-2003 projects. MLK Health Clinic operation $ 36,706.44 Code Enforcement operation and demolition $157,722.98 Program Administration $ 17,963.86 Urban Homestead $ 28,723.82 Emergency Repair $ 6,442.50 Senior Citizen's Center rehabilitation $ 637.59 National Development Council $ 25,000.00 Traffic Lights — pedestrian crossings $ 6,706.00 Rental rehabilitation (discontinued) $155,000.00 Job Training (Sidewalk) Program $ 36,623.40 TOTAL $471,526.59 The City Council Outside Agency Committee met and recommend that the City Council amend the currently approved Action Plan by providing additional funds for the following projects. $75,000.00 - Minor Repair Program $60 000.00 -Additional funds to complete the rehabilitation project at the Zale Child p P J Care Center, previously known as the Lamar center. $50,000.00 - Increase in funding to the Urban Homesteading Program $62,500.00 - Utility and site improvements in conjunction with the proposed affordable Green Briar Village Apartments. $35,000.00 - Habitat for Humanity to purchase vacant lots $20,000.00 - Install necessary sewer lines on BEBE Lane $14,000.00 - Continue the administration of the Weed & Seed Program $155,26.59 - Part of the funding towards the expansion of the City of Wichita Falls Health Department Facility $471,526.59 - TOTAL Mr. Clark thanked Councilors Ammons, Williams, and Norrie for their service on the Outside Agency Committee. Councilor Esther thanked Mr. Clark for getting Bebe Lane on this list of projects. Councilor Ammons asked if the $75,000 for Minor Repairs was for emergency repairs. Mr. Clark replied that it was; it is an evolution of that and will allow us to do other things that are not life threatening but are definitely needed. He explained the process. Councilor Williams referred to the $35,000 for Habitat for Humanity and suggested that their efforts be used in the area between Eastside Drive and Scott Street, also known as the J.A. Kemp Addition. Councilor Williams asked Mr. Clark to explain the difference between the Urban Homestead in the savings and the one under new money since the project name is the same. Mr. Clark explained that it is a year program and those are being reprogrammed this year and we are requesting additional funds be put in there. He informed that four homes are ready for sale to persons in the low-moderate income. He added that he would like to have a Council tour to show these homes. Mrs. Margaret Stewart, Executive Director of Child Care, Inc., thanked the Council for allowing them to complete the Zale Center on Lamar Street. She expressed appreciation to the Council for their help over the years. Mr. Randy Stevenson, Green Briar Village Apartments, 240 Roosevelt, Arlington, TX 76106, expressed appreciation to the City for their vote of confidence. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Councilor Hawkins stepped out of Council Chambers. 311 Item 8a ORDINANCE NO. 27-2004 ORDINANCE DECLARING UNOPPOSED CANDIDATES AS ELECTED TO THE MAYORAL, DISTRICT 3, AND DISTRICT 4 POSITIONS AND DECLARING THOSE THREE ELECTIONS CANCELLED IN ACCORDANCE WITH CHAPTER 2 OF THE TEXAS ELECTION CODE 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. 27-2004 be passed. Motion seconded by Councilor Ammons. City Clerk stated that she had provided the City Council with a Certification of Unopposed Candidates and noted that the Mayoral position, the Councilor District 3, and Councilor District 4 positions were unopposed and that there were no write-in candidates and that there were no propositions to appear on the ballot. City Clerk read the Certification of Unopposed Candidates in English and in Spanish. City Clerk informed that the proposed ordinance would declare William K. Altman elected to the Mayoral position, Michael Norrie elected to the Councilor District 3 position, and Ray Gonzalez elected to the Councilor District 4 position, and would cancel the elections in those positions according to law. City Clerk noted that these persons would be qualified and sworn in June 1, 2004. The canvassing of the May 15, 2004 Municipal Election returns will take place on May 23, 2004 at 1:30 p.m. in Council Chambers. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Item 8b ORDINANCE NO. 28-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 3101 SHEPPARD ACCESS ROAD, ALSO DESCRIBED AS LOT 6, AIRLINE PARK ADDITION, FROM GENERAL COMMERCIAL TO LIGHT INDUSTRIAL ZONING; FINDING AND DETERMINING THAT THE MEETINGAT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No.28 -2004 be passed. Motion seconded by Councilor Ammons. Councilor Norrie stepped out of Council Chambers. Hurschell Ralls, 3101 Sheppard Access Road, applicant, spoke in favor of the proposed ordinance. Councilor Hawkins returned to Council Chambers. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None City Council recessed at 935 a.m. and reconvened at 9:50 a.m. 312 Item 8c ORDINANCE NO. 29-2004 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 REPEALING A PORTION OF ORDINANCE NO. 08-2004; 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. 29-2004 be passed. Motion seconded by Councilor Williams. Mr. Charles Bentley, Water Resources Commission Chair, provided information on the proposed changes. There are two basic proposals: 1) Water rationing rules to be in effect May- October during water crises; 2) Delete requirements for car washes from the ordinance. Mr. Scott Taylor gave comparisons on water usage noting that there was less usage during the winter months and more in the summer months. Mayor stated that the effect of the proposed amendment would mean that from Nov. 1 through April 30 there would not be the one-day a week watering restriction but from May 1 through October 31 the one-day a week watering restriction would apply. Mr. Taylor informed that since the current ordinance does not address the issue of what happens if the lake levels go below 40% they will bring a proposed modification for Council consideration at a later date. The issue of how long a ticket is carried over during water restrictions was discussed. Currently a ticket is carried over If a citizen receives a ticket each time restrictions are lifted. Councilor Hawkins suggested that the timeframe should begin and end each time that watering restrictions are imposed, rather than have the tickets carry over. Mayor asked the Water Resources Commission to review this and come back to Council with a proposed amendment. He suggested that they consider going back no further than the current period or a year whichever is the longer period. Mayor expressed concern that if this proposed ordinance is passed in its entirety today the public may have a perception that the restrictions are off when there will not be a change until November. Mr. Scott said he did not have a problem with bringing this portion of the ordinance back in the fall. Moved by Mayor Altman to amend the proposed ordinance by removing all the proposed changes with the exception of the proposed change in paragraph 3. This would remove proposed changes dealing with the timing but would not affect the changes dealing with the car washes. This proposed amendment would leave the Ordinance as is with the exception of the proposed changes dealing with the car washes. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mr. Bentley informed on their meeting with the car wash owners, noting that they use less water and they recycle their water. It was a perception that the car washes use a lot of water, and restrictions should have been placed across the board and not just on one industry. The Water Resources Commission recommends that all restrictions placed on car wash operations be removed from the Ordinance. Councilor Burns pointed out that when this Ordinance was originally passed, Mr. George Bonnett came up with a list of the top 25 water users in the City and at that time there were 32 commercial car washes and all 32 car washes combined did not use the total water being used by number 25 on the list. At the time there was a perception that car washes used more water and the 313 Item 8c continued facts did not bear that out and we are pointing that out. The reality needs to be regulated not the perception. Mr. Taylor informed that they compared car washes versus fast food restaurants, laundromats, and other public facilities and found that in most cases car washes use less water than the McDonald's on Kemp Street in a given month. The car wash owners presented this to us and we were able to verify it. We concur with the Water Resources Commission's recommendation that car washes should be treated no differently than any other industry. Council asked that the following issues also be considered by the Water Resources Commission and Staff: Sections 2 and 4 of the Ordinance, the possibility of allowing homeowners to wash their vehicles at home on the same day as their watering day using a positive shut-off or a home pressure washer, and portable car washes. Gary Higgins, 1103 Greenview Lane, Arlington, TX, Past President of Southwest Car Wash Association, spoke in favor of the amended ordinance. He stated that it is illegal to wash vehicles at home and to have charity car washes because by law the water needs to be contained and needs to go into the city sewer system. Councilor Williams requested that City Attorney verify the accuracy of the statement made by Mr. Higgins regarding car washing being illegal except at commercial car washes. Councilor Williams requested that the City Attorney verify that car washing is illegal except at car washes. Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Councilor Burns stepped out of Council Chambers. Item 8d ORDINANCE NO. 30-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT FUNDS ADMINISTERED BY THE DIVISION OF EMERGENCY MANAGEMENT, TEXAS DEPARTMENT OF PUBLIC SAFETY; 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. 30-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None Councilor Burns returned to Council Chambers. Item 8e ORDINANCE NO. 31-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SEC 82-63, SEC 82-62, AND SEC 14-236 OF THE CODE OF ORDINANCES TO ALLOW THE HUMANE SOCIETY OF WICHITA COUNTY AND 3B RESCUE & ADOPTIONS TO POST BANNERS, CONDUCT SALES, AND ALLOW DOGS OFF LEASH AND TO RESERVE A FOOTBALL/SOCCER FIELD IN LAKE WICHITA PARK DURING A CAMP K-9 EVENT MAY 15, 2004; 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.31-2004 be passed. 314 Item 8e continued Motion seconded by Councilor Esther. Pam Allen, 2100 Monique, clarified that the only dogs that would be off leash would be dogs doing demonstrations in different events, it would not be general public's animals off leash. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8f ORDINANCE NO. 32-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE HOTEL/MOTEL FUND IN THE AMOUNT OF $20,000 TO PURCHASE SPOTLIGHTS FOR THE MPEC OPERATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Ordinance No. 32-2004 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 9a RESOLUTION NO. 46-2004 RESOLUTION APPROVING THE AMENDMENT TO THE PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN A PREVIOUSLY APPROVED CONSOLIDATED 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 Hawkins that Resolution No. 46-2004 be passed. Motion seconded by Councilor Ammons. Councilor Ammons stepped out of Council Chambers. Mayor noted that if we do not use these funds we would have to use other City funds. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Burns, and Hawkins Nays: None Councilor Ammons returned to Council Chambers. 315 Item 9b RESOLUTION NO. 47-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, OPPOSING ANY SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS; 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. 47-2004 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 9c RESOLUTION NO. 48-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BIGGS & MATHEWS, INC. FOR ENGINEERING SERVICES FOR DEVELOPMENT OF WICHITA FALLS BUSINESS PARK, PHASE 1; 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. 48-2004 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 Councilor Burns stepped out of Council Chambers. Item 9d RESOLUTION NO. 49-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 TO THE FAITH VILLAGE DRAINAGE IMPROVEMENT PROJECT, PHASE 1 (CWF03-552-03) IN THE AMOUNT OF $51,900.00 AND 30 CALENDAR DAYS; 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. 49-2004 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Hawkins Nays: None City Council recessed at 11:16 a.m. and reconvened at 11:32 a.m. 316 Item 9e RESOLUTION NO. 50-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE YMCA OF WICHITA FALLS GRANTING EXTENDED RESERVATION PRIVILEGE TO USE OF BALLFIELDS IN KIWANIS PARK AND LAKE WICHITA PARK FOR A YOUTH BASEBALL LEAGUE IN 2004; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 50-2004 be passed. Motion seconded by Councilor Esther. Concern was expressed regarding the maintenance of the restrooms. Mr. Jack Murphy will look into the situation and ensure that the restrooms are maintained. He will also review the contract form for next year. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor took Item 9j out of order and it was considered at this time. Item 91 RESOLUTION NO. 55-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF FIFTEEN (15) LIGHTBARS AND SIRENS, AND FOURTEEN (14) VEHICLE PARTITIONS FROM EMERGENCY VEHICLE EQUIPMENT IN THE AMOUNT OF $32,954.00; 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. 55-2004 be passed. Motion seconded by Councilor Williams. Tom Heubel, 2513 Frosted Green Lane, Plano, TX 75025, representative for Code 3 Whelan, stated that the Purchasing Department is recommending a lower quality product with less emergency bars. He requested that their bid from Big Country Supply be approved, which is the second low bidder. Jason Spain, Whelan Engineering, submitted the bid from Emergency Vehicle Equipment, He explained that their bid does have 18 LED modules and the only difference is the amount of take down lights in the front. We had Police Department look at our product and it was presented to John Burris, Central Services, at the direction of the Police Department. When the addendum came out our product was acceptable and we were $150 lower per light bars. Mrs. Peggy Gahagan stated that she wrote the specifications around the Code 3 product. When Whelan presented their product they took accepted equals and we are looking at the cost. Whelan can give us a lower cost. She informed that this was the first time the City is bidding on light bars and price is the main concern. Chief Coughlin stated that a lot of the times the officers do not use the "take down" lights. We would be happy with either product. It was noted that the cost difference between the two products is $2,814. Mr. Huelen offered to do a side-by-side comparison of both products. Mayor thanked him for the offer but felt that the 8'/z% difference in the bids was enough to make that determination. Motion carried by the following vote. 317 Item 9i continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor took Item 9i out of order and it was considered at this time. Councilor Hawkins stepped out of Council Chambers. Item 9i RESOLUTION NO. 54-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION AND SHARP IRON, INC. AND AMENDING THE CORPORATION'S 2003-2004 BUDGET; 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. 54-2004 be passed. Motion seconded by Councilor Ammons. Mark McMullen, 2015 Avondale, Sharp Iron Partner, informed that they had purchased Custom Metal Services and retained their employees. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Item 9f RESOLUTION NO. 51-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE 2003-2004 BUDGET OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION FOR ENGINEERING AND LANDSCAPE DESIGN SERVICES FOR THE WICHITA FALLS BUSINESS PARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 51-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None 318 Item 9g RESOLUTION NO. 52-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BUNDY, YOUNG, SIMS & POTTER, INC. FOR ARCHITECTURAL SERVICES FOR THE ADDITION TO THE WICHITA FALLS — WICHITA COUNTY PUBLIC HEALTH DISTRICT FACILITY; 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. 52-2004 be passed. Motion seconded by Councilor Esther. Legal Department will review the contract form, specifically the areas dealing with Mediation — Section 7.1.1, Miscellaneous Provisions — Section 9.4, and Reimbursable Expenses — Sections 10.2, and 11.4 Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Item 9h RESOLUTION NO. 53-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MESA DESIGN GROUP FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE DEVELOPMENT OF THE WICHITA FALLS BUSINESS PARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 53-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, and Burns Nays: None Item 10a Councilor Esther expressed concern about the drug related activities in our community especially in the rental properties that are being used as dope houses. Mayor informed that the Police Department is going to give a report on that this morning. Councilor Williams congratulated Chief Coughlin on the substitute he sent to the Weed & Seed retreat on Saturday. He gave very good information. It was a very good meeting. She has some other concerns that she will discuss later with Darron Leiker and Chief Coughlin. Councilor Norrie mentioned that the Rustlers have two more games left and he encouraged people to support their events as well as Thunder football. Councilor Ammons displayed a flyer that had information regarding some code requirements, such as times to set out and bring in pull-out carts and she suggested that something similar be given to those persons opening water accounts, and placed on our website. Councilor Ammons also suggested using a crawl on the City Channel to inform citizens about current water restrictions and pull-out cart information. Mr. Taylor informed 319 Item 10a continued that they would provide information about the restrictions when new carts are issued. Mayor stated that he would appoint a Council sub-committee to review the ordinance relating to pull-out carts. Councilor Ammons asked that Staff check into needed street repairs on Call Field toward Kemp. Councilor Ammons asked why Richmond Street did not have any curbs and gutters. Mr. Clark replied that it was a platted street and was brought into the City that way and not subject to construction of curbs and gutters. Councilor Burns informed that the Thunder football team will be playing on Saturday night and the Rustlers will be playing on Friday and Sunday afternoon. Mayor Altman informed that the problem with the pads at the Coliseum would be taken care of. Mayor Altman expressed concern about a house on Phillips Street that had trash all around it. He asked Staff to look into that and to see if there is anything we need to do to look at the codes to address that issue. He also asked Staff to review the code ordinance to see if it needs to be tweaked. Mayor Altman asked Staff to look into a situation where a Code Enforcement truck parked in a fire zone with the motor running and windows closed. He felt this was a terrible perception and waste of resources. Mayor Altman asked Mrs. Stricklin about the City's smoking cessation program. She informed that the Health Department had some free health cessation programs but recently we have not had that going on because of the lack of individuals attending. We have not looked at anything recently. Item 10b Major Gerald Todd gave a report on crime activity in our community and the preventative measures that the Police Department has taken and the results. City Council recessed for lunch at 1:20 p.m. Mayor informed that City Council would be going into Executive Session immediately after lunch. Item 10c City Council went into Executive Session at 2:00 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 3:01 p. m. Mayor announced that no votes were taken in Executive Session. Item 10d 1(a) Moved by Councilor Burns to appoint Mr. Robert Clement to the Helen Farabee MHMR Centers Board of Trustees, Place 8, with term to expire August 31, 2004. Mr. Clements will fill the vacancy left by Mrs. Betty Sue Nihiser, who resigned. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 320 Item 10d 1(b) Moved by Councilor Burns to appoint Mr. Alan Donaldson to the Park Board, Place 2, with term to expire December 31, 2006. Mr. Donaldson is replacing Ms. Jonnie Parker. 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 11 Mayor announced that no one signed up to speak under Public Comments. City Council adjourned at 3:05 p. m. PASSED AND APPROVED this J day of , 2004. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres-Ozuna City Clerk 1 1 1 NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, April 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: Father David Nyberg Church Of The Good Shepherd 3. Presentations: a) Employee Of The Month b) City's Comprehensive Annual Financial Report For The Fiscal Year Ending September 30, 2003. 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution To Accept The 2003 Alley Rehabilitation Project (CWF03-530-20) And Authorize Final Payment To Jimmie M. Garcia Construction, Inc. (City Council Bill #77) 6. Receive Minutes: a. Planning & Zoning Commission — February 11 , 2004 b. Wichita Falls Park Board Meeting — February 26, 2004 c. Library Advisory Board Minutes — January 27, 2004 d. Water Resources Commission Meeting — January 22, 2004 e. Water Resources Commission Meeting — February 12, 2004 City Council Agenda Tuesday, April 6, 2004 Page 2 f. Water Resources Commission Meeting — February 25, 2004 REGULAR AGENDA 7. Public Hearings: a. A Public Hearing To Approve Amendment To The Proposed Use Of Community Development Block Grant (CDBG) Funds In A Previously Approved Consolidated Plan. 8. Ordinances: a. Ordinance Declaring Unopposed Candidates As Elected To The Mayoral, District 3, And District 4 Positions And Declaring Those Three Elections Cancelled In Accordance With Chapter 2 Of The Texas Election Code. (City Council Bill #78) b. Ordinance Rezoning 3101 Sheppard Access Road, Also Described As Lot 6, Airline Park Addition, From General Commercial To Light Industrial Zoning. (City Council Bill #79) c. Ordinance Amending Section 32-34 Of The Code Of Ordinances, Rationing The Use Of Outside Water Within The City, Repealing Ordinance No. 08-2004; Providing A Penalty Provision; And Providing For Inclusion In The Code. (City Council Bill #80) d. Ordinance Making An Appropriation In The Special Revenue Fund For Additional Grant Funds Administered By The Division Of Emergency Management, Texas Department Of Public Safety. (City Council Bill #81) e. Ordinance waiving Sec 82-63, Sec 82-62, and Sec 14-236 of the Code of Ordinances to allow the Humane Society of Wichita County and 313 Rescue & Adoptions to post banners, conduct sales, and allow dogs off leash and to reserve a football/soccer field in Lake Wichita Park during a Camp K-9 event May 15, 2004. (City Council Bill #82) f. Ordinance Making An Appropriation From The Hotel/Motel Fund In The Amount Of $20,000 Purchase Spotlights For The MPEC Operation. (City Council Bill #93) City Council Agenda Tuesday, April 6, 2004 Page 3 9. Resolutions: a. A Resolution Approving The Amendment To The Proposed Use Of Community Development Block Grant (CDBG) Funds In A Previously Approved Consolidated Plan. (City Council Bill #83) b. Resolution Opposing Any School Finance Or Tax System Reforms That Would Negatively Affect City Revenues And Economic Development Efforts. (City Council Bill #84) c. Resolution Approving And Authorizing The City Manager To Execute A Contract With Biggs & Mathews, Inc. For Engineering Services For Development Of Wichita Falls Business Park, Phase 1. (City Council Bill #85) d. Resolution To Approve Change Order No. 1 Which Adds A Total Of $51 ,900.00 And 30 Calendar Days To The Faith Village Drainage Improvement Project, Phase 1 (CWF03- 552-03). (City Council Bill #86) e. Resolution Authorizing The City Manager To Execute A License Agreement Granting The YMCA Of Wichita Falls Extended Reservation Privilege To Use Of Ballfields In Kiwanis Park And Lake Wichita Park For A Youth Baseball League In 2004. (City Council Bill #87) f. A Resolution Amending The 2003-2004 Budget Of The Wichita Falls Economic Development Corporation For Engineering And Landscape Design Services For The Wichita Falls Business Park. (City Council Bill # 88) g. Resolution Approving And Authorizing The City Manager To Execute A Contract With Bundy, Young, Sims & Potter, Inc. For Architectural Services For The Addition To The Wichita Falls — Wichita County Public Health District Facility (CDBG). (City Council Bill #89) h. Resolution Approving And Authorizing The City Manager To Execute A Contract With Mesa Design Group For Landscape Architectural Services For Development Of The Wichita Fall Business Park. (City Council Bill #90) i. A Resolution Approving An Economic Development Incentive Agreement Between The Wichita Falls Economic Development Corporation And Sharp Iron, Inc. And City Council Agenda Tuesday, April 6, 2004 Page 4 Amending The Corporation's 2003-2004 Budget. (City Council Bill #91) j. Resolution Authorizing Award Of Bid For The Purchase Of Fifteen (15) Lightbars And Sirens, And (14) Vehicle Partitions From Emergency Vehicle Equipment In The Amount Of $32,954.00. (City Council Bill #92) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: (1) Evaluation Of The Municipal Court Judge As Authorized By Section 551 .074 Of The Texas Government Code. (2) Consider Qualifications Of Possible Appointees To The Helen Farabee Regional MHMR Centers Board Of Trustees, As Authorized By Section 551 .074 Of The Texas Government Code. d. Open Session- (1) Appointments To Boards. (a) Appointment To The Helen Farabee MHMR Centers Board Of Trustees (b) Appointment To The Park Board 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 City Council Agenda Tuesday, April 6, 2004 Page 5 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