Min 06/01/2004 355
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
June 1, 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-Ozuna - City Clerk
Mayor called the meeting to order.
Item 2
Councilor James Esther, Jr. gave the invocation.
Mayor took Item 9a out of order and it was considered at this time.
Item 9a
RESOLUTION NO. 74-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN A COMMUNICATION
SYSTEM AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF A
TWO-WAY RADIO SYSTEM WITH DAILEY AND WELLS COMMUNICATIONS;
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. 74-2004 be passed.
Motion seconded by Councilor Williams.
Assistant City Manager Matt Benoit presented the steps leading up to this purchase and
City Manager explained the reasons why a new communication system was needed.
Motion carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins
Nays: None
356
Item 3
Mayor Altman presented gifts to outgoing Council members Burns and Hawkins in
appreciation for their service on the City Council. Mayor thanked them for their service on the
Council and expressed appreciation for their expertise and dedication in representing their
constituents.
Councilor Burns stated that he was confident that Mr. Ray Gonzalez would fill in more than
adequately as Councilor District 4. He thanked his family for being here, his grandmother,
daughters Jennifer and Avery and his sister and her husband and his wife, Patty. He thanked them
for all their support. He stated that this had been a great learning experience and he thanked those
who elected him to this position. He thanked his wife for all her support and his company, Lamar
Advertising, because they believe in being involved in the community. He thanked the City Staff
and fellow Council members and expressed appreciation for the gifts.
Councilor Hawkins thanked his family for the support they have given him. He also thanked
Mr. Don Kirkham, past Councilor, for being here today. He stated that he was pleased to see Mr.
Chuck Elmore taking over his seat as District 5 councilor. He commended the City employees for
their work and dedication to the City. He commented that our City runs well, not because of the
Council but because of the Staff that works for us and we owe them a great deal of thanks. He
stated that his wife was not here because these types of farewells are very difficult for her. He said
he knew it was time for him to go on and let new blood come in, and he thanked everyone for
allowing him the opportunity to serve on the City Council.
City Clerk, Lydia Torres-Ozuna, gave an overview of the May 15, 2004 Municipal Election
process leading to the re-election of Mayor Altman and Councilor Mike Norrie, District 3, and the
election of Ray Gonzalez to the position of Councilor District 4, and Charles Elmore to the position
Councilor District 5.
City Clerk, Lydia Torres-Ozuna, administered the official oath of office to William K. Altman,
Mayor, David Michael Norrie, Councilor District 3, Ray Armendarez Gonzalez, Councilor District 4,
and Charles Elbridge Elmore, Councilor District 5.
A reception was held to bid farewell to outgoing Councilors Burns and Hawkins and to
welcome newly elected Council members.
City Council recessed at 9:15 a.m. and reconvened at 9:50 a.m.
Newly elected Councilors Ray Gonzalez and Charles Elmore took their prospective places
at the dais along with the other Council members.
Item 4
Ramona Coln, Deputy City Clerk, City Clerk's office, was recognized as employee of the
month for June 2004. Mayor presented Ms. Coln with a plaque, City pin, check, dinner for two, and
Weeks Park Golf Course passes.
Item 5
The Minutes were approved as distributed.
Items 6a-7e
City Manager gave a briefing on the items listed under the Consent Agenda.
Mayor noted that the minutes for the March 11, 2004 Animal Shelter Advisory Committee
meeting were in the Council packet but not listed on the agenda. He suggested that they be
included.
357
Items 6a-7e continued
Moved by Councilor Ammons that the Consent Agenda be approved with the addition of the
March 11, 2004 Animal Shelter Advisory Committee minutes.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 6a
RESOLUTION NO. 71-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO ACCEPT THE 2003 PUMP REPLACEMENT PROJECT CWF 03-550-
09 AND AUTHORIZE FINAL PAYMENT TO B-W ENVIRONMENTAL; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Item 6b
RESOLUTION NO. 72-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO ACCEPT THE NORTH BEVERLY AND LAKE KICKAPOO PUMP
STATION REWIRE AND MOTOR STARTER REPLACEMENT PROJECT CWF 03-
550-27 AND AUTHORIZE FINAL PAYMENT TO EMD ELECTRICAL, INC.;
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. 73-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO ACCEPT BID ITEM NO. 2 OF THE JASPER WATER TREATMENT
PLANT EXPANSION DEMOLITION PROJECT CWF 04-544-10-2 AND
AUTHORIZE FINAL PAYMENT TO SOUTHWEST CONSTRUCTORS, INC.;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Items 7a-7e
Minutes of the following board and commission meetings were received.
a. Wichita Falls Landmark Commission — March 25, 2004
b. Wichita Falls Park Board —April 22, 2004
c. Planning and Zoning Commission—April 14, 2004
d. Animal Shelter Advisory Committee— March 11, 2004 and March 25, 2004
e. Tax Increment Financing Board — December 15, 2003
Item 8a
ORDINANCE NO. 41-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
AMENDING THE 2003-2004 BUDGET FOR THE TRANSIT SYSTEM TO REFLECT
FEDERAL AND STATE GRANT APPROPRIATIONS AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY FUNDING AGREEMENTS
RELATED HERETO; 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. 41-2004 be passed.
358
Item 8a continued
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 8b
ORDINANCE NO. 42-2004
ORDINANCE FOR THE PARTIAL CLOSURE OF AN EXISTING UTILITY
EASEMENT IN TWO (2) SEPARATE AREAS CONTAINING APPROXIMATELY
5003 SQUARE FOOT AS INDICATED IN THE ATTACHED EXHIBIT "A" AND 911
SQUARE FOOT AS INDICATED IN EXHIBIT "B"; 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. 42-2004 be passed.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 8c
ORDINANCE NO. 43-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
REZONING 3405, 3407 & 3315 SHEPPARD ACCESS ROAD AND 30 LOCKE
LANE (3.72 ACRES) FROM MANUFACTURED HOUSING RESIDENTIAL TO
GENERAL COMMERCIAL; AND AMENDING THE LAND USE PLAN; 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. 43-2004 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 8d
A proposed ordinance was presented amending in its entirety, Sections 6700
through 6799, known as the Sign Regulations, Zoning Ordinance, Appendix B of the Code
of Ordinances.
Moved by Councilor Ammons that proposed ordinance be passed.
Motion seconded by Councilor Williams.
After some discussion, Council suggested that the following areas needed to be addressed
more definitively:
Street banners for specific functions or events such as Falls Fest, United Way, etc.
Flags that are placed in the right of way.
Mayor suggested that this item be tabled and brought back in two weeks.
Moved by Councilor Norrie that this item be placed on the table.
359
Item 8d continued
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 9b
RESOLUTION NO. 75-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AWARD OF CONTRACT FOR THE CITY'S CELLULAR
PHONE SERVICE TO US CELLULAR IN THE AMOUNT OF $26,048.00; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Ammons that Resolution No. 75-2004 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 9c
RESOLUTION NO. 76-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AWARDING BID AND CONTRACT FOR RE-ROOFING OF THE CITY OF
WICHITA FALLS PUBLIC LIBRARY PROJECT, CWF04-100-05; 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. 76-2004 be passed.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 9d
RESOLUTION NO. 77-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AWARD OF BID FOR THE CITY'S ESTIMATED ANNUAL
REQUIREMENT OF WATER METERS TO AMCO WATER METERING SYSTEMS,
INC., IN THE AMOUNT OF $106,360.00, AND TO HERSEY METER COMPANY IN
THE AMOUNT OF $6,570.00; 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. 77-2004 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
360
Item 10a
John Vasquez, Police Department Technical Services Coordinator, presented a six-
month comparison on the Local Auctions versus Internet Auctions. A copy of this report is
attached to the minutes as Exhibit A.
Item 10b
Councilor Esther asked that Staff put up a sign at Lynwood Park prohibiting go-carts
in the park. Mr. Jack Murphy confirmed that motorized vehicles are prohibited in the parks
and he will see that a sign is put up.
Councilor Esther welcomed Councilors Gonzalez and Elmore to the City Council.
Councilor Ammons wanted to know what could be done to stop people from stealing
business signs. Mr. Darron Leiker informed that there is a special bolt that can be used to
prevent this type of theft.
Councilor Ammons asked about tree maintenance on Sherry Street. Mr. Murphy
informed that he is working on an agreement with the property owners that will allow the
City to maintain the grass only in that area and the residents to maintain the trees.
Councilor Ammons asked why the City was not embracing the Safety City Project
and referred to Mr. Jack Murphy's concern about the open space. She has gone to see the
area that they are considering and it seems to be an unutilized space. Mr. Murphy stated
that it was not on the Park Plan adopted by Council three years ago but it is Council's Plan
and you can change it. Mr. Murphy commented that the logic is if it is in a park and it is a
development project it should be on the Park Plan adopted by Council. However, the
question is if it is a Parks & Recreation function. He added that it was discussed by the
Park Board and it will probably come up again.
The City Manager stated that this was a very good project. He did not want this
project to be confused with what Council wants on City property and park land; it seems
almost like a divided issue. The City has been involved a lot in the Safety City discussions
for about a year, and it has gone a long way. He noted that when it first came to the City we
were being asked to find a place for it, to maintain it, and have City personnel operate it. We
have made tremendous distance strives in that the persons promoting this project have said
they would build it, sell it, maintain it, and operate it and I think there is hope that at some
point there may be some school involvement. All that really remains is the fundraising by
the promoting parties. I think the Park Board is dealing with the issue of whether it should
be in your parks, and it will probably come back to the Council, hopefully with a
recommendation. I have looked at the location with Jennifer Mercer and it may be a good
place for it. They like that location, and there will probably be more discussion about
whether that is a park purpose. He commented that a park plan should be a living
document and amendable. If that turns out to be something that this body and the Park
Board want to endorse and there are ways to accomplish it without City resources I think it
has a pretty good chance of being done.
Councilor Ammons welcomed Councilors Gonzalez and Elmore to the Council.
Councilor Norrie referred to the Safety City and said it would benefit the children by
providing safety information and training. It is nice to see our City looking at something that
involves our children and our youth, and he suggested that the Independent School District
undertake this project because it will benefit the children. He encouraged Mr. Murphy to
see that the Park Board look at it and that Council embrace this project.
City Manager informed that the City is now the owner of eleven cars that will be
used in this Safety City Project. We have accepted those cars and if this project gets off the
ground that is one way we have tried to cooperate. I am satisfied with their steering toward
this being a group operated, supported, and designed situation. I think what they are asking
from us now is a place to put it. Councilor Norrie added that they have even put money in
escrow.
Councilor Williams welcomed Councilors Gonzalez and Elmore, and stated that she
could tell that they had picked up the rhythm of the Council and are going to be very viable
to the City.
361
Item 10b continued
Councilor Elmore stated that it had already been an education and he is looking
forward to working with everyone in District 5. He said he was available and asked his
constituents to contact him.
Councilor Gonzalez thanked the constituents of his district for the opportunity to run
unopposed. He is looking forward to serving on the Council and wanted to let his
constituents know that he is there for them.
Mayor congratulated and welcomed Councilors Gonzalez and Elmore.
Mayor referred to Safety City stating that it breaks down into two parts. No one
would say that the concept of Safety City is a not good concept. He explained that the
concept of Safety City is a mini city with streets, traffic signs, etc. laid out in a small confined
area to teach children vehicular, bicycle, and pedestrian safety. In my mind it breaks down
into two issues 1) funding and 2) desirability. Everyone would say it is a very desirable
project and the people promoting this intend to raise the money to build and maintain this. If
it comes down to where the City is asked to build or maintain Safety City then that is where
the Parks Department needs to get involved again and look at their 5-Year Plan. The Park
Board's Plan has many worthwhile things and if we are talking about spending City funds it
becomes a different issue to let the Park Board first throw that into the mix. In the Park
Board's wish list there are many items they would like to do and it would go through them
and ultimately to the City Council. If the people promoting Safety City are able to do what
they are planning on doing and raise the money to build and maintain this, I think they will
find the City very receptive to it. In order that we do not end up with a piece of property that
is blighted, they have agreed to escrow money so we can turn it back into park land if for
some reason this project did not succeed. It is a great idea and the folks pursing this have
been doing this very methodically and logically. I believe that if there is community support
for this project the City will be happy to participate.
Item 10c
City Manager on behalf of himself and the Staff welcomed Councilors Gonzalez and
Elmore. He stated that Staff looks forward to working with them and offered Staffs services to
assist the new Council members.
Those Directors that were present identified themselves and gave a brief description of their
departments.
Item 11
Mayor announced that no one signed up to speak under Public Comments.
City Council adjourned at 11:40 a.m.
PASSED AND APPROVED this_L�day of , 2004.
1Aja�Ql� g.
WILLIAM K. ALTMAN
MAYOR
ATTEST:
CO o)Ujqb -
Lydia Torres-Ozuna
City Clerk
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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, June 1 ,
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 David Barnes
New Life Church
3. Administer Oaths To Elected Officials
4. Presentations: Employee Of The Month
5. Approval of Minutes.
CONSENT AGENDA
6. Resolutions:
a. Resolution To Accept The 2003 Pump Replacement Project
CWF 03-550-09 And Authorize Final Payment To B-W
Environmental. (City Council Bill #119)
b. Resolution To Accept The North Beverly And Lake Kickapoo
Pump Station Rewire And Motor Starter Replacement
Project CWF 03-550-27 And Authorize Final Payment To
EMD Electrical, Inc. (City Council Bill #120)
c. Resolution To Accept The Jasper Water Treatment Plant
Expansion Demolition Project CWF 04-544-10-2 (Bid Item
No.2) And Authorize Final Payments To Southwest
Constructors, Inc. (City Council Bill #121)
City Council Agenda
Tuesday, June 1, 2004
Page 2
7. Receive Minutes:
a. Wichita Falls Landmark Commission — March 25, 2004
b. Wichita Falls Park Board Meeting — April 22, 2004
c. Planning and Zoning Commission — April 14, 2004
d. Advisory Board For Animal Reclaim Center — March 25,
2004
e. Tax Increment Financing Board — December 15, 2003
REGULAR AGENDA
8. Ordinances:
a. Ordinance Amending The 2003-2004 Budget For The
Transit System To Reflect Federal And State Grant
Appropriations And Authorizing The City Manager To
Execute All Necessary Funding Agreements Related Hereto.
(City Council Bill #122)
b. Ordinance For The Partial Closure Of An Existing Utility
Easement In Two (2) Separate Areas Containing
Approximately 5003 Square Foot As Indicated In The
Attached Exhibit "A" And 911 Square Foot As Indicated In
The Attached Exhibit "B" To Allow The Sam's Club Building
Expansion Located At 3801 Kell Boulevard, Also Known As
Lot 3A, Block 9, Burlington-Call Field Subdivision. (City
Council Bill #123)
c. Ordinance Rezoning 3405, 3407, & 3315 Sheppard Access
Road And 30 Locke Lane (3.72 Acres) From Manufactured
Housing Residential To General Commercial; And Amending
That Land Use Plan To Conform To This Change. (City
Council Bill #124)
d. Ordinance Amending Sections 6700 Through 6799, Known
As The Sign Regulations, Zone Ordinances, Appendix B Of
The Code Of Ordinances. (City Council Bill #125)
City Council Agenda
Tuesday, June 1, 2004
Page 3
9. Resolutions:
a. Resolution Authorizing The City Manager To Sign A
Communication System Agreement For The Installation And
Maintenance Of A Two-Way Radio System With Dailey And
Wells Communications. (City Council Bill #126)
b. Resolution Authorizing Award Of Contract For The City's
Cellular Phone Service To US Cellular. (City Council Bill
#127)
c. Resolution To Award Bid And Contract For The Re-roofing
Of The City Of Wichita Falls Public Library Project, CWF04-
100-05. (City Council Bill #128)
d. Resolution Authorizing Award Of Bid For The City's
Estimated Annual Requirement Of Water Meters To Amco
Water Metering Systems, Inc., In The Amount Of
$106,360.00, And To Hersey Meter Company In The
Amount Of $6,570.00. (City Council Bill #129)
10. Other Council Matters:
a. Presentation Of Property Auction.Com
b. Discussion Of Items Of Concern To Members Of The City
Council.
c. Staff/Council Discussion.
END OF TELEVISED SEGMENT
10. Comments From The Public To Members Of The City Council
Concerning Items That Are Not On The City Council Agenda.
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.
City Council Agenda
Tuesday, June 1, 2004
Page 4
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