The URL can be used to link to this page

Min 07/06/2004 381 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 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 Arthur Bea Williams - Mayor Pro Tern Linda Ammons - Councilors James Esther, Jr - Michael Norrie - Ray Gonzalez - Charles Elmore - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres-Ozuna - City Clerk Mayor called the meeting to order. Item 2 Mr. Walter Guillaume, First Baptist Church, gave the invocation. Item 3(a Mr. David Lyne, Engineering Technician V, Engineering Department, was recognized as employee of the month for July 2004. Mayor presented Mr. Lyne with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Item 3 b Mr. Tom Merritt, League of Women Voters, reported on a study they conducted on the City's boards and commissions. Their intent was to examine the responsibilities, the history, and membership as well as discover the impact that they had on the Council's decisions and to see if the League could influence more citizens to apply for service on these boards and commissions. Findings were in four areas. 1) Greater Awareness -the League encourages the Times Record News to publish articles on the boards/commissions, their history, membership scope, the need for participation, and to encourage other community publications to cover the subject. 2) Membership Recruitment - the League asks the City to prepare brochures for citywide distribution on boards/commissions, conduct periodic publicity campaigns, and focus on areas where memberships are low, especially in minority areas. 3) League Participation -the League is ready to assist in preparation or distribution of such brochures on how to get involved in these boards/commissions. The League encourages its membership to become involved in the board/commission process. 4) Environment-the League supports expanding the purpose of the Clean Community Commission to include issues of environmental awareness in our community. Mr. Mike Coniff, City Manager for the City of Denton and representative for the Texas City Managers Association, presented City Manager Jim Berzina on behalf of TCMA the Lifetime Achievement Award. He informed that Mr. Berzina was only the third city manager to be presented this award. Mr. Mike Slye, City Manager of the City of Burkburnett was also present. Mr. Berzina's 382 Item 3(b) continued wife, Carol, was present and recognized for being a great support to her husband. Mr. Berzina accepted the award, gave a brief history of his involvement in various municipal boards and expressed satisfaction in his service. He expressed appreciation for the recognition and thanked his wife, the citizens and everyone. Item 3 c A presentation was made on the Employee Benefits & Trust and Health Care Plan proposal. A copy of this proposal is attached hereto as Exhibit A. Mr. Marvin Traywick, Insurance Consultant, addressed the employee health care and dental care program. Cassie Stennett, Insurance Consultant, addressed the claims experience and reserves. Sandra Farrell, Eckerd Health Services representative, addressed prescription benefits. Mrs. Jan Stricklin addressed escalating costs, requests for proposals and referrals. City Council recessed at 10:19 a.m. and reconvened at 10:37 a.m. Item 4 The Minutes were approved as corrected. Items 5a-6d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 5a RESOLUTION NO. 87-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A HIGH PRESSURE BREATHING AIR SYSTEM FROM HOYT BREATHING AIR PRODUCTS, IN THE AMOUNT OF $48,123.00; 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. 88-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE AND INSTALLATION OF AN EMERGENCY GENERATOR AND LP TANK FROM MARVIN GROVES ELECTRIC IN THE AMOUNT OF $30,508.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 6a-6d Minutes of the following board and commission meetings were received. a. Wichita Falls —Wichita County Public Health Board — March 10, 2004 b. Wichita Falls Planning and Zoning Commission — May 12, 2004 c. Water Resources Commission —April 28, 2004 d. Water Resources Commission —June 9, 2004 383 Items 6a-6d continued Mayor referred to Item 6b stating that in 1998 there was a general policy in the City against the proliferation of carports and those waivers had to come before the City Council. In later years the decision was made because there were so many applications for carports coming before the Council to move that to the Planning &Zoning Commission for them to make final decisions. However, over the last years it appears those applications for carports are routinely approved. According to these minutes in one instance there were nine neighbors opposed and it was unanimously approved without discussion. I have some concern that that has become a rubber stamp and they are no longer looking at those. At a later time I would like to discuss with Council members the possibility of bringing that back to the Council or add other restrictions. Item 8f was taken out of order and considered at this time. Item 8f ORDINANCE NO. 55-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTIONS 14-384, 50-97, 82-58, 82-62, 82-63, AND 82-68 OF THE CODE OF ORDINANCES, AND RESOLUTION 2509, AS AMENDED, TO PERMIT THE GIVING AWAY OF GOLDFISH, THE NOW PAYMENT OF THE $100 PYROTECHNIC PERMIT FEE, THE DRIVING OF VEHICLES OR ANIMALS ON THE GRASS, THE SALES OF GOODS OR WARES, THE POSTING OF SIGNS, THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, AND SALES WITHOUT PAYMENT OF THE PERCENTAGE OF GROSS TO THE CITY, DURING THE FALLS FEST ANNUAL EVENT IN LUCY PARK SEPTEMBER 21-26, 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. 55-2004 be passed. Motion seconded by Councilor Williams. Katy Parker, Falls Fest Chair, provided information on this year's event, which will take place September 24-25 at Lucy Park. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 7 A public hearing was held on the proposed use of Community Development Block Grant (CDBG) and HOME Program Funds for the One-Year Action Plan under the Consolidated Plan. Mayor declared the public hearing open. Mrs. Susan White informed on the CDBG funding and the recommendations made by the Outside Agencies Committee. Mayor requested that next year staff provide a comparison with prior year's funding levels. Councilor Ammons requested that they also furnish Council a list of those agencies that applied that did not get funded. Councilor Ammons asked about the last year's funding amount to the Martin Luther King Center. Mrs. White informed that it was cut back $125,000 because the number of people being serviced was extremely low. Councilor Williams stated that the Center averaged serving 1.4 persons per day, and that is a questionable use of funds. That is why we looked at it this year. I think we have to be very careful as persons dispensing public funds. 384 Item 7 continued Councilor Ammons brought up the Martin Luther King Center and asked about last year's funding. Mrs. White responded that it was funded at $125,000, and added that one reason for the dramatic cut back this year was that the number of people actually being served at the MLK Center was extremely low. Councilor Williams mentioned that they averaged 1% per day and during the fall immunizations and flu shots it only averaged less than 4 per day, which is a questionable use of funds and that is one reason we looked at it this year. We know that the people who need to be served who would use that facility in that location are being served probably within four blocks of it. I think that as people who dispense public funds we have to be very careful and this is one that we looked at to make sure that we were not needlessly funding a building and a service to basically no one. Councilor Ammons stated that because of the decline in services from the MLK Center, the Eastside Clinic has been the one who has taken most of the responsibility on the east side. Even though it was not proposed as getting any money I would like for Council to rethink that and try to subsidize them somewhat for taking a huge burden from the City. City Manager stated that the Eastside Clinic had applied for $150,000 to finish off a portion of a walled-in area. He explained that he brought the recommendation to the Outside Agency Committee that anything left in the funding cycle go to the Health Department Expansion Project because that was a project we hoped to fund in a two-year period. We were sitting in a position if not funded by this source and we wanted to complete the expansion project Council would be approached for general fund dollars, and it seemed to be in the same field. Councilor Ammons was under the impression that we were going to put some in there and that was discussed. If we put some in there for the Eastside Clinic I would not argue against the idea. I would not want to pick a figure although I have been using the figure of $130,000 so it would help them with a fundraiser. One of my points was as a organization they are in a lot better position than the City to raise private dollars. I doubt that anyone is going to make donations to us to build the Health Unit. He mentioned that the City had in the past provided them with funds to create a dental office. That is something you may want to consider since this is a public hearing if you want to redirect funds. My point remains, I think the smart thing at this point is to allocate as much as you can to the Health Department to finish that project between this year's appropriations and next so it does not come out of your General Fund. Councilor Williams pointed out that we need to be very careful with having a City/County Health Unit that needs to be enlarged and you are giving funds not directly to a competing service but one that has such similar services that it looks like you are taking from your own when you really need it. We also looked at the fact that six employees who are mostly going to be absorbed into the central Health Unit are going to bring some specific services to the MLK Center, which will take care of some needs over there. She suggested looking at the situation in about six months to see if we could possibly reallocate to the Eastside Clinic, but right now I want to see the Health Unit expansion completed. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 50-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING ORDINANCE NO. 47-99 BY DELETING THE GREATER WICHITA FALLS ALLIANCE FOR THE PERFORMING ARTS AND ADDING THE KEMP CENTER FOR THE ARTS TO THE ARTS COMMISSION, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Ordinance No. 50-2004 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 385 Item 8b ORDINANCE NO. 51-2004 ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING THE 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. 51-2004 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 8c ORDINANCE NO. 52-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, OFFICE OF DOMESTIC PREPAREDNESS, FOR THE 2004 STATE HOMELAND SECURITY PROGRAM AND MAKING BUDGETARY APPROPRIATIONS IN THE SPECIAL REVENUE FUND OF THE CITY; 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. 52-2004 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 8d ORDINANCE NO. 53-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, OFFICE OF DOMESTIC PREPAREDNESS, FOR THE 2004 STATE HOMELAND SECURITY LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM (LETPP) AND MAKING BUDGETARY APPROPRIATIONS IN THE SPECIAL REVENUE FUND OF THE CITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Ordinance No. 53-2004 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 386 Item 8e Mayor asked that this ordinance be deferred until after lunch in order to allow the City Attorney time to draft an amendment that would allow for a person escorting an infirm or handicap person. Item 8q ORDINANCE NO. 56-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTIONS 82-58, 82-62, 82-63, AND 82-68 OF THE CODE OF ORDINANCES, AND SECTION 5420(5) OF THE ZONING ORDINANCE TO PERMIT VEHICLES ON THE GRASS, SALES, THE POSTING OF SIGNS, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, AND AN EXCEPTION TO ZONING DURING A BBQ EVENT BY THE SIGMA NU FRATERNITY IN SOUTH WEEKS PARK SHELTER OCTOBER 2, 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. 56-2004 be passed. Motion seconded by Councilor Esther. Mayor requested that, for information purposes, a map be attached to the ordinance designating the area. He suggested that this be done in the future as well. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8h ORDINANCE NO. 57-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTIONS 46-27 AND 46-28 OF THE CODE OF ORDINANCES TO PROHIBIT THE LOUD, DISTURBING AND UNNECESSARY NOISE CREATED BY THE SPINNING AND/OR SQUEALING OF TIRES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Mayor stepped out of Council Chambers. Mayor Pro Tern Williams presided. Moved by Councilor Williams that Ordinance No. 57-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Pro Tern Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8i ORDINANCE NO. 58-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 102-67 OF THE CODE OF ORDINANCES, TRAFFIC SAFETY COMMISSION, BY ADDING AN ADDITIONAL POSITION TO THE COMMISSION'S MEMBERSHIP COMPOSITION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Mayor returned to Council Chambers. 387 Item 8i continued Moved by Councilor Ammons that Ordinance No. 58-2004 be passed. Motion seconded by Councilor Esther. City Clerk informed that the Traffic Safety Commission submitted this request for an additional member to represent privately owned transportation companies having professional drivers operating within the City. Mrs. Elaine Bourgoin, Secretary-Treasurer for the Traffic Safety Commission, stated that the Commission is looking for a person who owns a private transportation company that has professional drivers on the street. We are talking about anything from UPS, delivering service, emergency medical technicians, taxi service, etc. We are trying to target a membership that can help us identify either areas or safety issues. Mayor noted that Mrs. Bourgoin referred to UPS but the wording in the proposed ordinance says a privately owned transportation company and UPS and FedEx are publicly owned companies and would not qualify. City Attorney suggested that the word "privately" be changed to "non- governmentally" if that is the intent. Moved by Councilor Ammons to amend Section 1, (10) by deleting the word "privately" and replacing it with the word "non-governmentally". That Section would then read as follows: "(10) One person representing a non-governmentally owned transportation company having professional drivers operating within the city." Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8i A proposed ordinance was presented amending part II of the Wichita Falls Code of Ordinances, at Chapter 106, Utilities, by the addition of Article X, entitled "Grease Interceptors, Installation and Disposal of Waste. Moved by Councilor Williams that proposed ordinance be passed. Motion seconded by Councilor Ammons. Mayor stated that he had several questions and requested that this be put off for a couple of weeks. Mr. Scott Taylor said that deferring this for a couple of weeks would not be a problem. Mayor suggested that staff include a provision at the end of the ordinance for small businesses defined as some level of gross sales, and that the controlled authority could waive or modify all or part of these provisions for small businesses if they are not a threat to the publicly owned treatment works. In addition, the Mayor asked that staff check to see why it was necessary to have an annual permit if they are issued a 3 year-5 year permit. Mayor allowed for Council and public comments on this proposed ordinance. Glenda Galvez, owner of Glenda's Cakes, informed that they were a very tiny business and this new ordinance was putting such a burden on them that they were going to have to close. They cannot afford to comply with the new ordinance. She felt that other mom and pop businesses were going to have to close as well. Councilor Williams asked that staff provide information, in addition to gross sales volumes, on prior history of what has been accumulated. 388 Item 8i continued Mayor commented that the waiver provision is so strong that we may want to make that burden lighter. Moved by Councilor Norrie to table this item. 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 9a RESOLUTION NO. 89-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A TRACK EXCAVATOR FROM CONTINENTAL EQUIPMENT COMPANY IN THE AMOUNT OF $162,684.99; 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. 89-2004 be passed. Motion seconded by Councilor Esther. Phil Denny, Warren Cat, previously Darr Equipment, 1909 Jacksboro Highway, provided information about Warren Cat and their equipment. He mentioned that they are the only heavy equipment dealer in Wichita Falls and asked Council to shop locally and keep the money at home. He noted that there was a 3.5% difference between their bid and the competitor's. Saul Geyser, Continental Equipment, Dallas, TX., provided information on their company and their equipment. He asked for Council's consideration, noting that they were the low bidder. City Attorney explained the requirement for accepting the low bid. In order for a local bidder to fall under the 3% rule, they need to be within 3% of the non-local bidder and it has to benefit the City in terms of providing jobs. He noted that the local bidder was not within the 3% requirement and the bid must be awarded to the lowest responsible bidder. You would have to justify legally why you could not give the bid to the lowest bidder and I do not think you have an option. Mayor commented that the Council is in a position that no matter how badly we want to award locally we have no grounds to and if we did it could be challenged. We do not have a choice. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9b RESOLUTION NO. 90-2004 RESOLUTION AUTHORIZING AN INCREASE OF THE ANNUAL LEASE AMOUNT ON TEN (10) LEASE LOTS AT LAKE KICKAPOO TO $338.00 FOR A PERIOD OF FIVE YEARS BEGINNING ON OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2009; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 90-2004 be passed. Motion seconded by Councilor Norrie and carried by the following vote. 389 Item 9b continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9c RESOLUTION NO. 91-2004 RESOLUTION AUTHORIZING AN INCREASE OF THE PERMIT FEE FOR OVER- THE-WATER STRUCTURES AT LAKES ARROWHEAD AND KICKAPOO AND ESTABLISHING AN ANNUAL PERMIT; 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. 91-2004 be passed. Motion seconded by Councilor Ammons. Doris Moore, Lake Arrowhead Association Chair, spoke against the fee increase. James Armendarez, 1811 Elizabeth, has a lease on Lake Arrowhead and expressed concern that he was being charged for a pier permit that was on dry ground. Mayor commented that it is difficult for the City to say that we are going to inspect it if it has water but if it doesn't we won't. The water situation could change in six months. This is a uniform rule. Creston Priddy has a lease at Lake Arrowhead. He said he was not opposed to the $50 fee, but complained about the abandoned City lot next door to his and asked that it be mowed. Mayor suggested that since that issue was not being addressed now that he express his concerns under "Public Comments". Garland Prince, #12 Bayberry Court, has a lease at Lake Arrowhead and asked that Council put the increase at the beginning of a new lease or at the expiration of a lease, not in the middle of a lease term. City Attorney commented that over the water structures are located on property below the 930 elevation but are not on the leased premises. They may extend on up to the leased premises but the part that extends out into the lake is not a part of the leased property that we are talking about. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None The City Council recessed at 12:45 p.m. and reconvened at 12:55 p.m. Item 9e was taken out of order and considered at this time. Item 9e RESOLUTION NO. 92-2004 RESOLUTION AUTHORIZING AN INCREASE OF THE ANNUAL LEASE AMOUNT ON ONE HUNDRED FORTY FOUR (144) LEASE LOTS AT LAKE KICKAPOOTO $600.00 FOR A PERIOD OF FIVE YEARS BEGINNING ON OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2009; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 92-2004 be passed. 390 Item 9e continued Motion seconded by Councilor Williams. Darlene Case, Alvord, Texas, has a lot at Lake Kickapoo. Mrs. Case expressed concern for the older people who live on the lake and are not receiving increments in their retirement pay. She suggested a 15% increase instead of a 30% increase. She asked the Council to see what could be done about the high weeds and grass out there as well as repairs to the roads. Cheryl Hutchinson, Lake Kickapoo, expressed concern about people on limited income and asked that the Council consider giving a 6-8 month notice or make some payment arrangements. She also expressed concern about the need for road repairs. The issue of who was responsible for the road maintenance was mentioned and Councilor Esther stated that if the County receives the tax revenue they need to meet their responsibility to maintain those roads. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9j was taken out of order and considered at this time. Item 91 RESOLUTION NO. 97-2004 RESOLUTION, AUTHORIZING AN INCREASE OF THE ANNUAL LEASE AMOUNT ON TEN (10) GARDEN LEASE LOTS AT LAKE ARROWHEAD AND THREE (3) AT LAKE KICKAPOO TO $200.00 FOR A PERIOD OF FIVE YEARS BEGINNING ON JUNE 1, 2004 AND ENDING MAY 30, 2009 FOR LAKE ARROWHEAD AND OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2009 FOR LAKE KICKAPOO; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 97-2004 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 City Council recessed for lunch at 1:22 p.m. and reconvened at 2:05 p.m. Item 9d A proposed resolution was presented approving and adopting the proposed use of funds in the Action Plan of the Consolidated Plan for the period of October 1, 2004 to September 30, 2005. Moved by Councilor Williams that proposed resolution be passed. Motion seconded by Councilor Elmore. Moved by Councilor Ammons to amend the proposed ordinance to include the Eastside Clinic with an allocated amount of$30,000. She mentioned that the Eastside Clinic has taken in a lot of people for health care. They provide medical and dental services and are not in direct competition with the Health Unit. She suggested that the $30,000 be taken from the Health Department Expansion allocation. 391 Item 9d continued Mayor stated that we need to make sure that it still falls within the appropriate category in order to maintain the percentages. Mrs. Susan White informed that it does not go against the funding formulas. The Eastside Clinic asked for$150,000. She noted that CDBG money couldn't be used for equipment that is not a fixture of the building. $63,000 is for equipment and the balance is for the improvements or finishing touches of the building. Councilor Norrie suggested tabling this to obtain additional information. Councilor Ammons withdrew her motion to amend. Moved by Councilor Norrie to table this item. Motion seconded by Councilor Ammons. City Manager asked if there were timelines that would be affected if this were tabled. Mrs. White replied that it would not affect their timelines. Mayor stated that a motion to table was non debatable and in order to discuss this, Councilor Norrie would need to withdraw his motion to table and Councilor Ammons would also need to withdraw her second. Councilor Norrie withdrew his motion to table and Councilor Ammons withdrew her second. Councilor Norrie asked if Council could amend or change the allocation at a later time. City Attorney replied that Council could always amend what you do today at a later time. City Manager said that when he made the recommendation the Health Department was put in at $130,000 less than what it has now. When the Outside Agencies Committee came to the conclusion that they could shift those monies from the Martin Luther King Center, the whole amount was added to the Health Department Program. If you took some out of that amount it is more than what was originally recommended. Councilor Williams added that the Committee left $100,000 for the Health Department expansion and $28,000 went to other areas. I think if we have an organization that does similar service it is like helping your neighbor repair their house and yours needs repairing. City Manager suggested that Council put these dollars in the Health Unit because those are not going to be spent for another nine months and if you want to later take that portion away, do it. The portion you would take out of the Health Unit Project today you can take later. The funds will be there. Councilor Ammons expressed concern that at different times not all the Outside Agency Committee members were present at these meetings. She suggested that in the future, arrangements be made where all members are present at the subcommittee meetings. Moved by Councilor Norrie to table this item. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Norrie and Gonzalez Nays: Mayor Altman and Councilor Elmore Item 9f RESOLUTION NO. 93-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR THE FY 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT; 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. 93-2004 be passed. 392 Item 9f continued Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Councilor Esther stepped out of Council Chambers. Item 9 RESOLUTION NO. 94-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT 2003 STREET REHABILITATION PROJECT (CWF03-100- 12) AND AUTHORIZE FINAL PAYMENT TO FREEMAN 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. 94-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None Item 9h RESOLUTION NO. 95-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; AMENDING THE 4B BOARD'S FISCAL YEAR 2003-2004 BUDGET FOR DEBT SERVICE PAYMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 95-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None Councilor Esther returned to Council Chambers. Item 9i RESOLUTION NO. 96-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A 95-FOOT AERIAL PLATFORM FIRE TRUCK FROM SUTPHEN CORPORATION IN THE AMOUNT OF $712,147.05, THROUGH THE BUY BOARD PURCHASING COOPERATIVE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 96-2004 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. 393 Item 9i continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8e ORDINANCE NO. 54-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 18, ARTICLE II OF THE WICHITA FALLS CODE OF ORDINANCES, MUNICIPAL AIRPORT REGULATIONS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EMERGENCY PASSAGE;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. 54-2004 be passed. Motion seconded by Councilor Williams. Moved by Mayor Altman to amend the proposed ordinance by adding the following sentence at the end of Sec.18-2(c): "It is a defense to prosecution that the person is assisting infirm and/or disabled passengers, so long as the responsible person does not leave the vehicle unattended for more than ten (10) minutes." Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 10a Councilor Ammons requested that staff repair the potholes on Turtle Creek Road. She also mentioned that there is a tree blocking the spillway at Ridgemont and asked that it be removed. Councilor Gonzalez expressed concern about the need to attract more people to serve on the boards and commissions. He asked that staff look at what other cities are doing to attract applicants. Councilor Esther asked Mr. Scott Taylor if he had received his email. Mr. Taylor replied that he had and has responded to the DeHaven issue and will respond in detail to Councilor Esther. Councilor Esther mentioned the need to address the grass and trash situation at the Maurine Street overpass. He was concerned because he has brought this issue to the Council numerous times and staff has not addressed it. He felt that this filthy site gives a bad impression to the people coming into our City and something needs to be done. He also mentioned that we do not want to see gangs locating under the overpass and taking that over. Councilor Esther referred to the Lifetime Achievement Award presented to the City Manager and expressed appreciation to the City Manager and to the City Clerk for their involvement in state and national associations and for representing our City so well. He encouraged other directors to get involved so that the City of Wichita Falls is known as the City of progress. Councilor Williams stated that she was going to help Councilor Esther with the Maurine Street overpass after she helps the people at 101 Tulsa Street. She asked staff to address the tall grass, mesquite trees, and weeds at Johnson Road and Barnett Road. There is also a problem at 101 Tulsa Street that needs to be addressed. She felt that we needed to talk to TX DOT in order to 394 Item 10a continued resolve the Maurine Street overpass situation and she felt that the entire Council needed to join Councilor Esther to resolve this. Mayor Altman thanked all the folks at S.A.F.B. for Freedom Fest. He noted the effort it took for them to put this together and how successful this joint effort was. He thanked TV-3 and Pruitt Ford for their involvement, which allowed more citizens to enjoy this celebration. He mentioned that he had received compliments on how well the Police Department handled the crowds and the traffic out there. Item 10b Mr. Darron Leiker reported on the Maurine Street Project. He informed that TXDOT is partnering with the City on a beautification project similar to what has already been done on the eastside at U.S. 287. That project is scheduled to be let in September of this year. That will include beautification of that whole area, which will address the concerns mentioned by Councilor Esther. Item 10c Mr. Scott Taylor reported on the watering restrictions and the procedures if weget below certain percentages on the lake levels. Mr. Scott Taylor informed on the proposed timetable for the construction projects that are or will soon be under way. Mr. Taylor clarified that the time you are seeing of projects under construction is contractual time. Two of the projects at Cypress are in liquidated damages. One is the Yard Piping Project and the other is the Pre-Treatment Clarifier Project. The contractor has been informed about this, and we are in the process of discussing weather days up to June 1. The contractor's current schedule says the Microfiltration Reverse Osmosis Plant will be on line by the end of March 2005, which means it would be ready for us by next summer. Also, the Lake Kemp Pipeline is under contract and scheduled to begin September 1. The Pump Station and the Reservoir will be bid within the next 45 days. The balance of projects left to bid are the Conventional Expansion at Cypress, the improvements to the high service Pump Station at Cypress, and the Solids Dewatering Facility. City Council recessed at 3:13 p.m. to attend a press conference at MPEC regarding the new hockey owners. City Council reconvened at 4:13 p.m. Item 10d(1) City Council went into Executive Session at 4:15 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 4:42 p.m. Item 10d(a) Moved by Councilor Williams to appoint Mr. Bill Altman to the Wichita Falls Economic Development Corporation, Place 2, with term to expire July 31, 2007. Mr. Altman will replace Mr. Ray Clymer. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 395 Item 10d(b) Moved by Councilor Williams to reappoint the following members to the 4B Sales Tax Corporation. Mrs. Benay Ayers, Place 3, Mr. Tommy McCulloch, Jr., Place 4, and Mr. Ray Gonzalez, Place 6, with terms to expire July 31, 2006. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 10d(c) Moved by Councilor Williams to reappoint Mr. Kim Henry, Place 5, to the Board of Electrical Examiners with term to expire July 31, 2006, and to appoint Mr. Michael Oechsner, Place 3 and Mr. Clint Byrd, Place 4, with terms to expire July 31, 2006. 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 10d(d) Moved by Councilor Williams to reappoint Mr. Robert Clement, Place 8, to the Helen Farabee Regional MHMR Centers Board of Trustees with term to expire August 31, 2006. 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 10d(e) Appointments to the Housing Authority were deferred to the next Council meeting. Item 10d Appointments to the City/County Hospital Board were deferred to the next Council meeting. Item 10d(g) Moved by Councilor Williams to reappoint Mr. Jerry Reed, Place 4, to the Wichita-Wilbarger 9-1-1 District with term to expire May 15, 2006. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 396 Item 10d(h) Moved by Councilor Williams to appoint Mr. Dave Lilley, Place 9, as Alternate 4, to the Zoning Board of Adjustments with term to expire December 31, 2004. Mr. Lilley will fill Mr. Jerry Hutchins' unexpired term. As part of this motion Mr. Michael Latham, Alternate 3, was moved to Alternate 2, Place 7; Mr. James McNeil, Alternate 4, was moved to Alternate 3, Place 8. All Alternate terms will expire December 31, 2004. 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 10d i Appointments to the Arts Commission were deferred for thirty days. Item 10d(I) Moved by Mayor Altman to appoint Mr. Dennis Marquardt as Chair to the Commission on Human Needs to fill Mr. Keith Cupples' unexpired term as Chair, which expires December 31, 2004. Other appointments were deferred until a later date. 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 10d(k) Appointments to the Park Board were deferred until next Council meeting. Item 100) Councilor Williams informed that Libra Board members Irene Lambert Ruth Jones and Library , Andrea Williams are currently working on a community wide reading project, "One Community-One Book", and they wish to complete this project. In order to accomplish this they would need to be reappointed. Moved by Councilor Williams to waive the terms of appointment as reflected in Section 1, VI, Resolution 175-98, and reappoint the following members who have met their term limits to the Library Advisory Board. Mrs. Irene Lambert, Place 1, Ms. Andrea Williams, Place 2, and Mrs. Ruth Jones, Place 8, with terms to expire July 31, 2007. 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 11 Mayor announced that no one signed up to speak under Public Comments. 397 City Council adjourned at 4:50 p.m. PASSED AND APPROVED this aLV ddaY of 2004. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres-Ozuna City Clerk 1 1 1 1 - ' H r-4 C) IM1 \V yF.1. y W m {J Ct 0 G N � O F, 0. N (D (D rt w N O o 00 CD �0 CD CD �� II C� 0 � � cuv > y °' 3 � ° •xv c`nn � y y n CD (D y 0' (D �+ i cn :3 � C o 0 o, CD as a m Cr a. CD . rn 4 con � � � 3CD n o _. CD CD � o 00 � 3 � a o Q � m� a -n = 3 x o -a m a mCD M m v o 7" N (D (D CD_am a o O 3 <' 0 v v 3 ccnn CL v v a c CL r.: �' cn o ? � m CD a 3 3 a- v ce (D n � � Qn3 > O 'fla � C CD C7 q e � 1 � ? .0 � � _�. c c� N c m 2! 3 b� 0) cn 33; gc� 3 � C0 � g m cu y ® � g o o CD v $ 0 Z $ am G Sa, nm x 0- x m m CD CD W n cn m a 0 I I I CD CD � as .� w N lJ fD A O H+ 00 00 \O A J 0000 fo A nGn 0 eD CP Ao rA rA , h R y • cn 5A bA bA •• W.., vs ;� v3 w `y9 w "y� ;N �. F . ,. N N w C� '!7 bi CDW A -1 ;A W *-L %+ BO "'O 00 ;A 00 a oo '10 00 :O 00 i 00 O oo CN o E V ~f A O A CA A90 A O \V r N 0 ' -- O O O O �O �O �O �O ;�O O 0'O O �0 110 � 110 110 110 O O.0,O '0;"'O S �O �O�O ONW'ONN ON 0N;..0.. :�-0. "�C"�10AD (0 O O O 110 O OOOON`:OON O O IG 00 v C� CA N OC-•.�`•0-DO0• -•-Ol C�O�' (-Awj �. tr. ; (A 69 69.69 69 69 69 69 69 kOoAC ,VO- .tOOo`o69 o6N9 1609, 9,bog 6c�9 Oz� tA: .W �N�1N tNo N°P0 oc O O QA O O'O O 00,N N C i"WtNh A W0wtQ �„ : o ' A 00000-� cno;ot"' k b9 69 69:69 Z 69 69,kA 69 69 69 69 69 6A b9 N N �,, „_ 69;b9 69 iA 69 N �'' �1 �C'�I :AO O'er '-' i-+:i-+ A tl�•;�,Vt 'O �r01 O� �Ojr 1 ^�, 00 ON4N c � 000YSi z � � � ow:� w00'v, y 0( CD CAD �:� ? N O� C� %0 �■ BCD BCD CAD 'h� 'd c ; AD o`0c) oo � roc N b O� b9 iA 69 69 69 69,b9'69 69 i Z " 69 69 69;69 69 b9 69 69 �y In W` 0 1�0 ,00 WW � O� •- rr \ AD lN!i "t!i 0�N1''C�1 00.O� '00 � -�4 O 00 00 00 O O \ Oo 00 00:,o� C to _� iA'U.) ■ A `d 'Ly 'L3 W ►�-• N �1 00 `CA 00 cn W EAW e � '� '� '69fa99569 69 69'69 s9 69;69 NN $ N N N . � w o W.N Y OD Z 0;00:O, V O w �p00 0 N ` 00 ow o 0 0 0 0000 m o o � � e '�idG b � prt pOpppOpOpOpp !` �` �� a� :� � �•'� � � w �,, wwwwi,, wi,, wwN � �r��.a�� > ^ � p� W W �` O AN � NOVi cn y � m W � 00 oA kAo .D po W z 00 0r � N A J to 00 C� ►r O V CD Z A r ^ rr /`�J m isa �� -Q WV C) N We CtA � ON NA . LA ��; � CD A n w 4 - W w i W ZA 'A W C� 7, W �x u C � A O Ow0� �0NOOW O000JNoo p xs fJ9 b9 b4 b9 b9 b4 b9 b4 b9 b9 69 b9 69 �"� � W ` + b4 � 'N N �., N �,, � N rr � �.+ N ►-+ N � , ,'a"x O 'v IQ N wO � J � Noo � O� O � A N rF - N VA (Ji O lA A 00 00 O ON J , � N � � N � NW N0� t1i �p -• tnviNNA CN 0 fA bA b19 b4 b9 b4 b9 iA b4 b9 5A fig b9 b9 69 tA ~ W 00 -11 00 �l C� J 00 00 z 00 �,# lJ p ON AAA 69 N lli 0� 00 N z (A N �p C/i -1 �p tli 0� 00 00 � C 00 ' � NWJ0� �0 p � x� W 0 0 o�c o�0 0-o v .b n p m c A w o ,o ba : O �+ 0 '� chi k b+ s p W ON N N W W 3 q i i H .. W � N ON W W W W W O W 00 N 00 69 69 b9`69 .Ni c loco=w o v� "�"• �rJ W 69 N 69 fig 69 b9 b9 b9CD Vio4 0010 � ' � � A 00 O w � N � � � w � O w ��k h W 0 a b O to �, y9 N V 1 Q� A t1i s 00 �. O 00 N �l N "r7" /� a w o C N ♦V fD n 8 69 . 4 CD 6s p G ;UQ ' to r 1 00 W 1� y N J w (.A �c so p� � � C r NUh s< W v v C 69 69 69 69 fA fig M7 U .NE09 IA 00 r rf F+j � yq Q�p VV�i O 60) 0 ~ Q� 0 �"� W �D w r W s O J O 1•+ " a oo _w ?► N 0000 O � OAo A r O r W ♦ w \OS 00 ~ 0000 W 0 �1 s, O rn > M 0 V C:) CL O 0 (D T e. =r (D CL N --h OMEN* ol -OD MENA 0 rlQ th C) Uj 00 4 {>� p O O O O O O O O O O O O O O O O W N d co d � 14 N d = W ro d N CL 0 y► O 00 0 N c� D to 01 00 \ a N �� CD N o IA O do a c� ul rt N O1 i a oolilw CD �. p wl Qa !7. � � �" �• ,`pro 'c�D �� :� �7. '� � �q� C 6B iA 14 N � 0 N p SA 69 W OL AO' N 00 �A w' W W � ;o W ss : �+ ti O � i t1i � N �N W kA w � O ..: � 0� Ja O O� v• O W\ C A � 6g 69 * w N (C qz eD fA _ _ b b9 O V W /' ✓' V W to pp ON J eq A ' A pi • • ic E r", CD 0) 0 CD C. CD 0 -0 " cr =3 < to U� cr 0) CL n < n o 0- 0) 0 -+% fmIL = Q CL CD M a) m CL :3 0- C) CL c: CL — CD fu CD CD CL 0 (a CL CD <' _ CD 0 0 n CD CD CD 0 C: 2) CD CL 4A m 0 L— CD cr CL a- CL li CD "I =r —10 0 c CD C3D 0 CD CD 44h 3 < C—L. 3 0 90 cr cn w =r CD ECD CD cQ n cn CD ch C) 3 0-4 =r 0 3 0 CD %M C) in m m c = c 0 4 % 0 4 o c- .(11 AO o Q 00L n 0 = 0 CnD cr CD 44h -p CD cr CD CD CD =r CD CD I CD 0 CD U) =3 ch i it TIT 6ptlll 51,M, 117 1� g o rn > Cr 0 M m CD M (n <vq z -69 -0 a U) CL -L 0 -4 =3 Ch -0 -1 N) w (D CD - :1 - "% 0 CD 0 00 -4 M 0 co cn C) 0 N C) LP CD b it 1� 3 o- 0 -. 3 3 CD M cr 3 --h 3 0 te CD 40 0) 0 = M"IM oc) CD =3 CL C) =3 =3 0 CL CD CD C� 0 O 0 cn -69 0 14 (n �g 0-n 0 0 0 0 C: 0 --#% C) CD + CL 0 40 CD CL cn 0 o Sn C) Lrl CD CD 0 0 r-+. CD I r-4- 0 O CD 0 p. 0- r-4- CD CD + n. CL 0 ::3 CD CD rm+L :3 -+, 404 CD C: 0 0 CL = =r 0 0 0 0 CD 0 3 M =03 C-'Dl N -0 w Q 3 O C: -n 0 cn 0 w .0" - p — w CD -a N r-IlL cn m 0 0 CD O CL cn 0 ao < L 0 -- =3 CD ................ o 0 o o > - m O, O CD CD a. o = m CD n Cp Cn CD =*. CD �• to � CD O CD Cn ' O CD g° o CD CD o C � c' 0- �CD Cl) = (D CD X z o — � CQ CD � � N. �• CD C/) 7p p CD cn CD CL O —fi 0) cn cf)CD l< O �• n o m 3 _ CD cn (n Cn CD < n• CD �. N -. C n O cn —• _ W � 0 0) � C c 0 �• cn � N cn v IV � C31 -69 .69 .69 '09 .69 -h W O Cil W C31 Ul -I 00 O 00 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, July 6, 2004, Beginning At 8:30 a.m. City Council: Mayor William K. Altman - Councilors Arthur Bea Williams, Linda Ammons, James Esther, Michael Norrie, Ray Gonzalez, and Charles Elmore. 1 . Call to Order. 2. Invocation: First Baptist Church Mr. Walter Guillaume 3. Presentations: (a) Employee Of The Month (b)League Of Women Voters Report On Boards & Commissions (c) Employee Benefits & Trust (Health Care Plan of Proposal) 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Authorizing Award Of Bid For The Purchase Of A High Pressure Breathing Air System To Hoyt Breathing Air Products. (City Council Bill #146) b. Resolution Authorizing Award Of Bid For The Purchase And Installation Of An Emergency Generator And LP Tank For Fire Station #2. (City Council Bill #147) City Council Agenda Tuesday, July 6, 2004 Page 2 6. Receive Minutes: c. Wichita Falls — Wichita County Public Health Board — March 10, 2004 d. Wichita Falls Planning & Zoning Commission — May 12, 2004 c. Water Resources Commission Meeting — April 28, 2004 d. Water Resources Commission Meeting — June 9, 2004 REGULAR AGENDA 7. Public Hearing: A Final Public Hearing On The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The One -Year Action Plan Under The Consolidated Plan. 8. Ordinances: a. An Ordinance Amending Ordinance No. 47-99 By Deleting The Greater Wichita Falls Alliance For The Performing Arts And Adding The Kemp Center For The Arts To The Arts Commission. (City Council Bill #148) b. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of Health And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill # 149) c. Ordinance Accepting Grant Funds From The U.S. Department Of Homeland Security, Office Of Domestic Preparedness, For The 2004 State Homeland Security Program And Making Budgetary Appropriations In The Special Revenue Fund Of The City. (City Council Bill #150) d. Ordinance Accepting Grant Funds From The U.S. Department Of Homeland Security, Office Of Domestic Preparedness, For The 2004 State Homeland Security Law Enforcement Terrorism Prevention Program (LETPP) And Making Budgetary Appropriations In The Special Revenue Fund Of The City. (City Council Bill #151 ) City Council Agenda Tuesday, July 6, 2004 Page 3 e. Ordinance Amending Chapter 18, Article II Of The Wichita Falls Code Of Ordinance, Municipal Airport Regulations. (City Council Bill #152) f. Ordinance Waiving Sections 14-384, 50-97, 82-58, 82-62, 82-63, And 82-68 Of The Code Of Ordinances, And Resolution 2509, As Amended, To Permit The Giving Away Of Goldfish; The Non-Payment Of The $100 Pyrotechnic Permit Fee, The Driving Of Vehicles Or Animals On The Grass; The Sales Of Goods Or Wares; The Posting Of Signs; The Possession And Consumption Of Alcoholic Beverages, And Sales Without Payment Of The Percentage Of Gross To The City, During The Falls Fest Annual Event In Lucy Park September 21-26, 2004. (City Council Bill #153) g. Ordinance Waiving Sections 82-58, 82-62, 82-63, And 82-68 Of The Code Of Ordinances, And Section 5420(5) Of The Zoning Ordinance To Permit Vehicles On The Grass; Sales; The Posting Of Signs; Possession And Consumption Of Alcoholic Beverages; And An Exception To Zoning During A BBQ Event By The Sigma Nu Fraternity In South Weeks Park Shelter October 2, 2004. (City Council Bill #154) h. Ordinance Amending Sections 46-27 And 46-28 Of The Code Of Ordinances To Prohibit The Loud, Disturbing And Unnecessary Noise Created By The Spinning And/Or Squealing Of Tires. (City Council Bill #155) i. Ordinance Amending Section 102-67, Traffic Safety Commission, Of The Wichita Falls Code Of Ordinance. (City Council Bill #156) j. Ordinance Amending Chapter 106, Article X, Code Of Ordinances, "Grease Interceptors, Installation And Disposal Of Waste". (City Council Bill #156a) 9. Resolutions: a. Resolution Authorizing Award Of Bid For The Purchase Of A Track Excavator To Continental Equipment Company. (City Council Bill #157) b. Resolution Authorizing An Increase Of The Annual Lease Amount For Ten (10) Lease Lots At Lake Kickapoo. (City Council Bill #158) City Council Agenda Tuesday, July 6, 2004 Page 4 c. Resolution Authorizing An Increase Of The Permit Fee For Over-The-Water Structures At Lake Arrowhead And Lake Kickapoo And Establishing An Annual Permit. (City Council Bill #159) d. A Resolution Approving The Proposed Use Of Funds In The Action Plan Of The Consolidated Plan For The Period Of October 1 , 2004 To September 39, 2005. (City Council Bill #160) e. Resolution Authorizing An Increase Of The Annual Lease Amount On 144 Lease Lots At Lake Kickapoo to $600.00 For A Period Of Five Years Beginning On October 1 , 2004 Through September 30, 2009. (City Council Bill #161) f. Resolution Authorizing The City Manager To Make Application With The Department Of Justice, Bureau Of Justice Assistance For The FY 2004 Local Law Enforcement Block Grant (City Council Bill #162) g. Resolution To Accept The 2003 Street Rehabilitation Project (CWF03-100-12) And Authorize Final Payment To Freeman Construction Co. (City Council Bill #163) h. A Resolution Amending The 4B Board's Fiscal year 2003- 2004 Budget For Debt Service Payments. (City Council Bill #164) i. Resolution Authorizing The Purchase Of A 95-Foot Aerial Platform Fire Truck From Sutphen Corporation Through The Buy Board Purchasing Cooperative. (City Council Bill #165) j. Resolution Authorizing An Increase Of The Annual Lease Amount On Thirteen (13) Lease Lots At Lake Arrowhead And Kickapoo To $200.00 For A Period Of Five Years Beginning On October 1, 2004 Through September 30, 2009. (City Council Bill #166) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Report On Water Rationing Requirements d. Executive Session: (1) Consider Qualifications Of Possible Appointees To The Wichita Falls Economic Development Corporation, 4B City Council Agenda Tuesday, July 6, 2004 Page 5 Sales Tax Corporation, Board Of Electrical Examiners, Helen Farabee Regional MHMR Centers Board of Trustees, Housing Authority, Wichita Falls-Wichita County Hospital Board, Wichita-Wilbarger 9-1-1 District, and Zoning Board of Adjustments As Authorized By Section 551.074 Of The Texas Government Code. (2) Open Session: Appointments To Boards And Commissions: a) Wichita Falls Economic Development Corporation b) 4 B Sales Tax Corporation c) Board of Electrical Examiners d) Helen Farabee Regional MHMR Center Board of Trustees e) Housing Authority f) Wichita Falls-Wichita County Hospital Board g) Wichita-Wilbarger 9-1-1 District h) Zoning Board of Adjustments i) Arts Commission j) Commission on Human Needs k) Park Board 1) Library Advisory Board (3) Motion To Consider Waiving Terms For Three Library Board Members In Order To Complete A Year Long Project. 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. 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, July 6, 2004 Page 6 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