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Min 07/20/2004 398 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 20, 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 James Esther, Jr., Councilor District 2, gave the invocation. Item 3 There were no presentations. Item 4 The Minutes were approved as distributed. Items 5a and 5c City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Esther requested that Item 5b be moved to the Regular Agenda. Moved by Councilor Norrie that the Consent Agenda be approved with the exception of Item 5b. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 399 Item 5a RESOLUTION NO. 98-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE 2003 CLARIFIER REPAIR PROJECT (CWF03-530-14) AND AUTHORIZE FINAL PAYMENT TO BW ENVIRONMENTAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5c RESOLUTION NO. 100-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO 58,000 GVW CAB & CHASSIS FROM BRUCKNER TRUCK SALES IN THE AMOUNT OF $169,082.24; 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. 99-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) EACH AUTOMATED CURBSIDE COLLECTION BODIES FROM HEIL ENVIRONMENTAL INDUSTRIES, LTD., IN THE AMOUNT OF $157,686.00, 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 Norrie that Resolution No. 99-2004 be passed. Motion seconded by Councilor Ammons. Councilor Esther asked if we had a bid on these items. Mrs. Peggy Gahagan explained that the reason they did not bid these items was because they are purchased through one of the cooperative purchasing agreements in which we participate. They are bid for the entire State and we piggyback on those. Part of the increase on these items is due to the fact that we added a lube system, which will help prevent mechanical errors. Another reason is the increase cost of steel. Councilor Williams expressed concern that it was over a 25% increase and asked if this was due to all the extras. Mrs. Gahagan replied that it was not; we have had two price increases on this particular body since we purchased our last unit. The cost of steel has increased dramatically and these units have a lot of steel. The added lube system was not that expensive. Councilor Williams asked if she had looked at it under the normal bid process. Mrs. Gahagan replied that she had not; but we could bid it and we have done it in the past. However, we have found that we do not get as good a price and we do not have the buying power as an individual city as we do when we go through the cooperatives. Councilor Williams felt that 25% was a tremendous increase and wondered what it would have been had we gone through the normal bid process. Mrs. Gahagan informed that any time a mechanical change is made we are going to incur a price increase. Several councilors expressed concern about the increase and they wanted to see a comparison of the Cooperative's prices and bids from the outside. Staff was directed that next time a large piece of equipment is to be purchased that they go though both processes to give Council a representative sample as to what we would get on a normal bid process as opposed to the large purchasing cooperatives. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore 400 Item 5b continued Nays: None Item 6a RESOLUTION NO. 101-2004 RESOLUTION TO AWARD OF BID AND CONTRACT FOR JASPER WATER TREATMENT PLANT IMPROVEMENTS AND MODIFICATIONS PROJECT (CWF04-544- 21); FINDING AND DETERMINING THAT THE MEETING AT WHICH THISRESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 101-2004 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 6b RESOLUTION NO. 102-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, 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; 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. 102-2004 be passed. Motion seconded by Councilor Gonzalez. Mayor noted that the original request from the North Texas Community Health Care Center was in the amount of$150,000 and it was to remodel shell space and to purchase equipment. The $30,000 does not provide sufficient funds to finish that project. Phyllis Hiraki, Director of the North Texas Community Healthcare Center, stated that the $30,000 is a small percentage of the project but she believes they are up to meeting the challenge of coming up with the rest of the funds. The Center currently does not have any other funding tied to this project. This is an opportunity for us to bring some benefits to our patients. Mayor commented that the services the Center would like to provide are services they are currently outsourcing like the lab services, and want to bring that in-house. Mrs. Hiraki concurred, however, noted that it was not all services. She added that bringing the services in-house would help to pay for services they are outsourcing. Mayor and several Councilors wanted the funds to go to the Health Department Expansion Project and would like to see the Center raise the funds, and at a later time Council can consider some funding. Councilor Ammons stated that the Center had been taking over the patients on the eastside and she wanted the Center to be allocated the $30,000. Mrs. Hiraki felt they would have a better opportunity to raise funds if they had funds upfront from the City and would like to be able to use the City Council as our partner and say that they are behind the Center. Mayor felt it would be better for the City to come in at the end of the Center's fundraising. Moved by Mayor Altman to amend the One Year Action Plan of the Consolidated Plan by removing the $30,000 from the North Texas Community Health Care Center to the Wichita Falls Health Department— Expansion. Motion seconded by Councilor Williams and carried by the following vote. 401 Item 6b continued Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore Nays: Councilor Ammons Councilor Ammons stepped out of Council Chambers. Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 6c RESOLUTION NO. 103-2004 RESOLUTION TO AWARD BID AND CONTRACT FOR THE 2004 CDBG STREET REHABILITATION PROJECT (CWF04-204-14) AND APPROVE CHANGE ORDER NO. 1; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTUION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Ammons returned to Council Chambers. Moved by Councilor Norrie that Resolution No. 103-2004 be passed. 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 6d RESOLUTION NO. 104-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY FOR THE HOTTER `N HELL HUNDRED AUGUST 27-29, 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 Esther that Resolution No. 104-2004 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 402 Item 6e RESOLUTION NO. 105-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH URS CORPORATION TO PROVIDE CONSTRUCTION QUALITY ASSURANCE TESTING AND RESIDENT PROJECT REPRESENTATIVE (RPR) SERVICES IN CONJUNCTION WITH THE PHASE II AIRFIELD IMPROVEMENT PROJECT AT KICKAPOO DOWNTOWN AIRPARK; 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. 105-2004 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 7a Councilor Esther mentioned the burglaries in the Sunnyside area and asked for help from the Police Department. Councilor Esther said he did not want staff to get discouraged in getting the best dollars for our money in purchasing equipment. He commended the staff for getting the best dollars for what we need. He thanked Mrs. Gahagan for being very thorough in the purchasing process. Councilor Elmore mentioned the bi-monthly forum that he holds in his district. One thing they are very interested in is the Neighborhood Watch Program and they are in the process of establishing a number of those in District 5. Another thing he brought up was the Police Academy, and said he would like to see more police academies. During the budgeting process he would like to provide enough funds to do at least one academy a quarter, if possible. Lastly, he mentioned that the roadways at U.S.287 and 1-44 need mowing desperately. He asked staff to look into this. Councilor Ammons thanked Mr. Scott Taylor and his staff for repairing the potholes on Turtle Creek Road. She asked staff to check into a house on Hayes Street with abandoned cars in the back, which has no fence. She was concerned about children who may be playing in abandoned cars. Mr. Dave Clark explained the process in dealing with abandoned vehicles. Mayor asked that the City Attorney prepare a memo to the Council informing of the City's ability to remove inoperable vehicles. Councilor Ammons commended Code Enforcement for following through and resolving a situation involving a person who had been citied 32 times on Featherston Street. Councilor Gonzalez commented that the Street Department seems to be one step ahead of him in making repairs. They are doing a good job. He said he has been very impressed with the quick response from various departments in the City. He is trying to visit those departments with which he is not very familiar. Councilor Norrie said he was sorry that Chief Coughlin's home had been broken into. He asked Mr. Rueben Warren to comment on things we can do to curtail proliferation of mosquitoes. Mr. Warren provided information on what to do and not do in that regard. Councilor Norrie expressed appreciation to Mrs. Gahagan for her work. Mayor asked Mr. Scott Taylor to provide the Council with current lake levels on a weekly basis. Mr. Taylor said they would put that information in Council boxes on Mondays. Mayor said he was astonished with the citizens' wonderful participation in the events in our City. He commented that citizens appreciate what we do. He asked the citizens to express their appreciation to the Councilors whenever they seen them. Comments like that are inspiring and are very appreciated. 403 Item 7b City Manager informed that he is going to be more involved in the operation of the Police Department. He is going to find a way to get more officers on the streets and will do what he needs to do. He is going to change some things the way they have been done in the past and he will visit with Chief Coughlin about that today. Mayor said that the Council would be very supportive to enhance safety in our community. Item 7c 1 City Council went into Executive Session at 10:15 a .m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:55 a.m. Mayor announced that no votes were taken during Executive Session. Item 7c(2a) Moved by Councilor Williams to appoint Mr. Warren Ayers to the 4B Sales Tax Corporation, Place 2, with term to expire July 31, 2005. Mr. Ayers will be replacing Mr. Bill Altman. 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 7c(2b) Moved by Councilor Williams to reappoint Mr. Bill Altman, Place 2, and appoint Dr. Howard Farrell, Place 3, to the Wichita County/City of Wichita Falls Hospital Board with terms to expire July 1, 2006. Dr. Farrell will be replacing Mr. Michael Norrie. 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 7c(2c) Moved by Councilor Williams to appoint the following persons to the Commission on Human Needs with terms to expire as set out. Ms. Yola Craig, Place 1, term expires December 31, 2004; Ms. Donna Piper, Place 17, term expires December 31, 2005; Ms. Amber Holt, Place 7, term expires December 31, 2004; Mr. Ronnie Sanders, Place 16, term expires 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 404 Item 7c(2d) Moved by Councilor Williams to appoint Mrs. Mary Ward to the Park Board, Place 7, with term to expire December 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 7c(2e) Moved by Councilor Williams to appoint Mr. Bill Altman to the Nortex Planning Commission with term to expire according to his elected term of office (May 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 Moved by Councilor Elmore to appoint Ms. Arthur Bea Williams to the Nortex Planning Commission with term to expire according to her elected term of office (May 2005). 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 8 Marilyn Scott, 2404 Polk Street, provided handouts to Council members. She referred to her husband's death (Jesse Odell Scott) as a murder occurring at United Regional Health Care Center while under the care of Dr. Henry Richard Sanchez Leal. She asked that Dr. Sanchez Leal and three other doctors be removed as doctors and she wants to have her husband's body exhumed and that an autopsy be performed. She asked that Council take whatever steps are necessary to insure that a full and thorough investigation is conducted and that her husband's body be exhumed and an autopsy performed. Sidney Smith, 2811 City View Lane, expressed concern with the lack of police in training and on patrol. He mentioned that Chief Coughlin was present at their District 5 public forum in City View. One of the issues that was brought up was the shortage of officers. I hope that the City Manager's statements made this morning will include changes to get more ways to get officers trained. We need some changes made in this. Mr. Smith's second concern was the emergency sirens. He was worried about the protocol that is currently in place. He feels that the audio portion should be tested at the same time as the sirens, the first Monday of every month. He suggested that retired police officers or retired firemen be involved in assisting in the rules on sounding the sirens. He asked Council to look into this and that changes be made. Mayor commented that those procedures are reviewed annually and a meeting was held recently with representatives from numerous areas and all agreed that the current rules were appropriate. Reza Vafiyan, 2900 Kyle Cove, asked Council to reverse their decision to demolish his structures at 1801 and 1803 Brittain. He said that he had made repairs to those structures. Mayor suggested that any proposal be put in writing and sent to the staff. Enos Jones, 1802 Brittain, said he was the contractor that Mr. Vafiyan had hired to repair the structures. He did not see anything wrong with those structures that could not be brought up to Code. Mayor stated that as was mentioned to Mr. Vafiyan, proposals need to be put in writing and given to the staff. This must be a written contract approved by the City. 405 City Council adjourned at 11:45 a.m. PASSED AND APPROVED this 0 day of I I r.AA A , 2004. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia&L �) wow— Torres-Ozuna City Clerk EXHIBIT A SCOPE OF SERVICES RESIDENT PROJECT REPRESENTATIVE SERVICES MATERIALS ACCEPTANCE TESTING SERVICES CITY OF WICHITA FALLS KICKAPOO DOWNTOWN AIRPARK AIRFIELD PAVING IMPROVEMENTS 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 20, 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: Victory Baptist Church Pastor Bill Jackson 3. Presentations: 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution To Accept The 2003 Clarifier Repair Project (CWF03-530-14) And Authorize Final Payment To BW Environmental. (City Council Bill #167) b. Resolution Authorizing The Purchase Of Two (2) Each Automated Curbside Collection Bodies From Heil Environmental Industries, LTD., Through The Buy Board Purchasing Cooperative. (City Council Bill #168) c. Resolution Authorizing Award Of Bid For The Purchase Of Two (2) Each 58,000 GVW Cab & Chassis From Bruckner EXHIBIT A: SCOPE OF SERVICES I July 7, 2004 Truck Sales, In The Amount Of $169,082.24. (City Council Bill #169) REGULAR AGENDA 6. Resolutions: a. Resolution Awarding Bid And Contract For Jasper Water Treatment Plant Rehabilitation & Improvements Project (CWF04-544-21). (City Council Bill #170) b. Resolution Approving The Proposed Use Of Funds In The Action Plan Of The Consolidated Plan For The Period Of October 1 , 2004 To September 30, 2005. (City Council Bill #171) c. Resolution To Award Bid And Contract For The 2004 CDBG Street Rehabilitation Project (CWF04-204-14) And Approve Change Order No. 1 . (City Council Bill #172) d. Resolution Authorizing The City Manager To Execute An Agreement With The State Of Texas For The Temporary Closure Of State Right-Of-Way For The Hotter `N Hell Hundred August 27-29, 2004. (City Council Bill #173) e. Resolution Authorizing The City Manager To Execute An Agreement With URS Corporation For Construction Quality Assurance Testing and Resident Project Representative (RPR) Services In Conjunction With the Phase II Airfield Improvement Project At Kickapoo Downtown Airpark. (City Council Bill #174) 7. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: (1 ) Consider Qualifications Of Possible Appointees To 4B Sales Tax Corporation, Wichita Falls-Wichita County Hospital Board And Nortex As Authorized By Section 551 .074 Of The Texas Government Code. d. Open Session: EXHIBIT A: SCOPE OF SERVICES 2 July 7, 2004 Appointments To Boards And Commissions: a) 4B Sales Tax Corporation b) Wichita Falls-Wichita County Hospital Board c) Commission On Human Needs d) Park Board e) Nortex END OF TELEVISED SEGMENT 8. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. 9. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 20 at o'clock (a.m.)(p.m.). City Clerk EXHIBIT A: SCOPE OF SERVICES 3 July 7, 2004