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Min 08/03/2004 406 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building August 3, 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 Tem Linda Ammons - Councilors Michael Norrie - Ray Gonzalez - Charles Elmore - James Esther, Jr. - Absent James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres-Ozuna - City Clerk Mayor called the meeting to order. Item 2 Reverend Rob Price, Trinity United Methodist Church, gave the invocation. Item 3 Officer Harold Wells, Police Department, was recognized as employee of the month for August 2004. Mayor presented Mr. Wells with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Item 4 The Minutes were approved as corrected. Item 5a City Manager gave a briefing on the item listed under the Consent Agenda. Moved by Councilor Williams that the Consent Agenda be approved. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None a. Minutes of the June 10, 2004 Wichita Falls Planning and Zoning Commission meeting were received. Councilor Norrie stepped out of Council Chambers. 407 Item 6a ORDINANCE NO. 59-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 82-223 OF THE CODE OF ORDINANCES REGARDING THE PAYMENT OF FEES AT THE SCOTLAND PARK RECREATIONAL VEHICLE PARK; CHANGING THE NAME OF THE RV PARK TO THE WICHITA BEND RV PARK; 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. 59-2004 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Gonzalez, and Elmore Nays: None Councilor Norrie returned to Council Chambers. Item 6b ORDINANCE NO. 60-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL FUNDING RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES; 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. 60-2004 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None Mayor informed that Councilor Esther was absent due to a death in his family. Item 6c ORDINANCE NO. 61-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING IN ITS ENTIRETY CHAPTER 14, ANIMALS, OF THE WICHITA FALLS CODE OF ORDINANCES; 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. 61-2004 be passed. Motion seconded by Councilor Gonzalez. Mr. Reuben Warren informed that there was an additional change to the proposed ordinance under Section 14-316 (b). He asked that Council strike the following sentence: "Traps may be rented from the Health District". Moved by Councilor Williams to amend Section 14-316(b) by striking the following sentence: "Traps may be rented from the Health District." 408 Item 6c continued Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None Mr. Warren informed that the staff met with local veterinarian groups, public hearings were held; and the Health Board did a thorough review on more than one occasion. We had an initial recommendation from the City Council as well as a Council subcommittee work group. Every party has had input to this process and compromises were made. There are actually fourteen major changes and everyone agrees to eleven of those changes, but there are three controversial issues. I believe that the version you have before you today is in the best interest of the community and I recommend it to the Council. Councilor Norrie suggested discussing the three controversial items individually. Mayor offered amendments to several areas that did not include the three items of controversy. Those amendments were addressed in the following motions. Moved by Councilor Ammons to amend Section 14-269 by adding the following language to the end of that paragraph: "Not later than thirty (30) days after a person learns that the person is the owner of a vicious dog as defined in this Chapter, the person shall obtain liability insurance coverage of at least $100,000 to cover damages resulting from an attack by the vicious dog causing bodily injury to a person and the person shall provide proof annually of the required liability insurance coverage to the Health District." Motion seconded by Councilor Gonzales and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None Moved by Councilor Ammons to amend Section 14-268 by adding the following language at the end of the current wording: "An owner of an animal that without provocation bites or injures a person shall be strictly liable for the harm caused by such animal." Motion seconded by Councilor Elmore. Joe Wurster, Veterinarian, 2201 Avondale, suggested a place for property damage, for an animal that is also attacked. Mayor explained that it is much easier to ascertain what somebody's medical bills and loss of wages are as opposed to the value of an animal. Dr. Wurster stated that bills would have to be proved up just like any other medical bill that you would have to deal with on any other liability case. Mayor asked Councilors who made the motion and second to allow for a substitution to include the phrase "or animal" after the word 'person' in the original motion. Councilors Ammons and Elmore agreed to the substitution. That sentence would read: "An owner of an animal that without provocation bites or injures a person or animal shall be strictly liable for the harm caused by such animal." Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None Moved by Councilor Ammons to amend Section 14-274(d) by adding the following language at the end of that paragraph: "The owner must notify in writing on or before the date of possession or custody is transferred the person who receives the animal from the owner that the animal is a vicious animal and the requirements of a vicious dog license. If the owner fails to so notify the recipient the owner shall remain liable for all penalties in Section 1-14 and 14-268." Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None 409 Item 6c continued Mayor suggested modifying the ordinance to clarify Section 14-150(c) to allow nonprofit organizations as part of a charitable event to be able to auction off dogs under some circumstances. It was also suggested that at the time this is done that whatever shots and vaccinations are required at that point in the animal's life need to be current before they can be transferred. Mayor asked that the City Attorney be allowed time to prepare language to that effect and bring it back later. At this time the three controversial items were discussed at length. Those items being the number of animals allowed, the burden of proof on citations, and definition of the phrase "at large". The current Ordinance has the following requirements: Three or fewer animals - no special permit is required; Four to six neutered animals - requires a pet fancier permit Four to six un-neutered animals - requires a hobby breeder permit; Five or more animals- requires a kennel permit, which requires set backs. The proposed ordinance has the following requirements: Four or less animals— no special permit is required; Five or six animals — requires a pet fancier permit; Seven or more animals — requires a kennel permit. Ivan Dunn, 5148 Deer Creek, said that he lives on four acres, which are fenced, and he has several cats to catch the rats that are out there. All his cats are neutered and he does not sell or give any animals away. He is restricted and he feels his is a different situation in that although he lives in the City limits he is out in the country. He asked if anything could be done to reconsider his situation. Currently he does not have a license for these animals. He would rather not have any type of ordinance regarding the number of animals that can be kept. Mayor commented that it was difficult to define, in a fair manner, the difference between people who live close to each other and those who live on acreage. Dr. Kathy Sultemeier questioned what right Council or anyone had to regulate these animals, outside the nuisance laws. Mayor stated that the Health Board is an advisory board with no regulating rights. The City Council does have the right on behalf of the citizens to make reasonable regulations under the health and safety provisions of State law, the City Charter, and the Constitution. City Attorney concurred with the Mayor stating that the City of Wichita Falls is a Home Rule municipality and by law the City has the right to adopt regulations as it sees fit as long as it does not violate the Constitution, the City Charter or other State statutes. The authority for the City to adopt a number is clearly within the City's police power. Most cities around the State do that and they do that as they exercise the police power of the authority and not based on the nuisance law. Dr. Wurster felt that the problem was not the numbers but what that number represents, and that animals are being taken care of. City Manager pointed out that nuisance laws come into play after there is already a problem. The police power seems to prevent a problem before it occurs. That is what an ordinance like this intends to do is to prevent problems. As well as deal with them once they materialize. City Council recessed at 9:40 a.m. and reconvened at 10:00 a.m. Discussion continued on Item 6c. The burden of proof of citations was the next controversial item discussed. Kinley Hegglund, Assistant City Attorney, explained the defense of prosecution under Section 14-236, Animals at Large. He stated that the burden of proof was on the cat owner to prove the one issue of permission. It was noted that this ordinance is complaint driven. 410 Item 6c continued Kathy Sultemeier, 1293 N. Saratoga Trail, Veterinarian and Health Board member, suggested that an aggrieved neighbor file a notarized affidavit stating that they do not want the cat on their property and this immediately would fall under the nuisance laws. She said they want to make certain that this is a complaint driven ordinance. They agree that the burden of proof should not be on the City; it would be on the aggrieved neighbor who files the affidavit that they do not want the cat on their property. Mayor clarified that an affidavit is not admissible in courts of record. City Attorney agreed, stating that an affidavit will not work. It is the City's burden to proof the case they file and the defendant does not have to do or say anything. Dr. Sultemeier questioned why this ordinance needed to be different in regards to the City's burden of proof as opposed to all the other City ordinances whether it is all the other animal control ordinances, noise restrictions, weed and water restrictions, etc. Mayor commented that this ordinance is more favorable to the cat owner than the dog owner. Dr. Sultemeier stated that they would be more comfortable if Animal Control's authority was limited by including language that animals be picked up on a complaint basis only. Mr. Hegglund pointed out that it would be illegal seizure for an animal control officer to go around picking up cats. They will only pick up cats if they have probable cause. Animal Control is not allowed to randomly pick up cats. Dr. Wurster did not want this to be a capricious issue where cats are picked up randomly. Mayor explained that like many other City departments our Animal Control Department is understaffed and the reason we see the phrase complaint driven is because we do not have extra staff sitting around waiting to abuse the process. We know that the majority of these things are complaint driven. I appreciate your concerns and I do not want any citizen to be unfairly treated. Councilor Williams felt that the restrictions on cats have been lifted and suggested including the phrase like they have on the cats for the dogs, as long as the dogs are not in the front yard. The presumption is that any property they are on, unless there is a complaint, is considered to be their yard. If that were the same for dogs they would be identical. That does not mean either have the right to be there. She suggested that the ordinance be the same for both cats and dogs and it would not be discriminatory. The suggestion of enforcement by complaint was discussed. Dr. Wurster stated that he was not opposed to complaint driven enforcement. Mayor cautioned that you have to be extremely careful of doing that because there may be a rabid dog running down the street that cannot be picked up unless there is a complaint. Councilor Williams clarified that she was talking only about those animals on the yards. City Attorney said that he would be leery of writing an ordinance that has to be complaint driven because you take out of the hands of the staff the ability to address imminent problems. I do not think that is a good idea. City Manager stated that he does not believe an animal control officer is going to pick up an animal that is on somebody's yard. I would hate to see you take from them the discretion to pick up an animal that is clearly an at large animal. We are so short staffed we do not have the luxury of looking for the animals but we should have the opportunity if the animal is clearly at large. Councilor Norrie suggested moving on to the animals at large definition. Mr. Warren stated that currently it is not a violation for a licensed cat to be at large. The proposal is a licensed cat shall not be considered at large if it is on the owner's premises or held by a person. We are asking Council to consider restricting licensed cats to their own property or property they have permission to be on or being held or on a leash. Dr. Sultemeier stated that she is here representing the Health Board as well as veterinarians. She gave statistics on the number of homes who own cats in a town our size. She addressed indoor and outdoor cats. She felt that any cat problems could be addressed under the 411 Item 6c continued nuisance laws. She asked Council to look at the long-term implications of anything that they are passing. Dr. Sultemeier stated that they are okay with changing a burden of proof to this proposal; but want to be able to allow cats to be outdoors unless it is on a complaint driven basis. That is the main difference between the board's proposal and the staffs proposal. We would be comfortable with maintaining the Health Board's proposal and adding the burden of poof. We just want to insure that it is on a complaint driven basis. Mayor proposed that Section 14-236 be left as it currently exists, remove all of the proposed changes today and pass the rest of the ordinance; come back in two weeks and look at just this provision and the ramifications. Dr. Sultemeier suggested that the City Attorney add the burden of proof to the Board's proposal and they would be happy with that. Mr. Warren said they would accept whatever the Council recommends and will work with the process. He does not think that cats should be allowed on public property and should not be allowed to use personal property without some sort of restrictions there. City Manager said that if you take out or dilute the 'at large on public property' section, you knock out the enforcement capability. We have to have some way to enforce this. Mayor felt that there was a way to address the private property issue in regard to animals at large by providing some mechanism for complaints. Moved by Councilor Norrie to pass the ordinance as already amended excluding any changes to the current Section 14-236 with the premise that it be considered and put on the August 17 Council agenda. Mayor agreed to place Section 14-236 on the August 17 Council agenda to try to work out some acceptable amendments. Councilor Williams said that she would like to see cats exempted from the preclusion by being on their owner's property without being leashed and she would also like to see dogs included. She would like to see something done for both cats and dogs in regard to private property and registered complaints. Motion seconded by Councilor Elmore. Mayor clarified that the motion was to amend the proposal before the Council and to leave Section 14-236 as it currently exists in the law, in other words remove all of the changes in this proposal. Councilor Norrie explained that this means if a licensed cat is outside it is not at large. This Section will be discussed at the August 17 Council meeting. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None David Brock, 1819 Hines, expressed concern about the setback on horses and livestock and wanted to know if any resolution had been made. Mr. Warren noted that it was considered but there were no changes. Mr. Brock said the problem was that the definition of'enclosure' was changed to include fields, pastures, and fences. He has always thought that the enclosure was the barn. He had no problem with the 200 foot set back for barns but disagreed with the inclusion of pastures. He asked Council to address the need of livestock and horse owners. He proposed that the setback be put back to 50 feet and provide for two or more residents adjacent to that property owner to petition Animal Control to look at the situation with that set back and give the animal control officers the authority to extend that setback up to 200 feet if the need arises. Also, anyone with a medical problem can do the same as long as the complaint is accompanied by a physician's statement. In addition, that an appeal process be provided to the Health Board as the final determination. 412 Item 6c continued Councilor Williams agreed with Mr. Brock that there should be a distinction between a barn and a fence. Both are being called enclosures but that can be very restrictive. I do not know how to resolve it. Mr. Warren mentioned that animals tend to congregate at the corners of the property. City Attorney clarified that the issue was how to define enclosure and the law said that an enclosure could not be within 200 feet adjacent residences. There was a debate as to whether a barn was an enclosure. The problem is that the manure droppings are not in the barn but on the edges of the fence line and the adjacent property owners complained and they are the ones that raised that issue. Ultimately the Council, based on part of our recommendation, used the fence line as the enclosure, therefore, livestock immediately inside that fence if it was closer than 200 feet to an adjacent residence was in violation of our Ordinance. City Attorney reminded Council to address the issue of giving of animals during charitable events. He suggested adding the following language to Section 14-150(c): An animal sold or given away as part of a fund raising event sponsored by a recognizable charitable organization shall be exempt provided the animal has been vaccinated in accordance with this Chapter at the time the animal is transferred to the new owner. Moved by Councilor Ammons to amend Section 14-150(c) by adding the following language at the end of that paragraph: "An animal sold or given away as part of a fund raising event sponsored by a recognizable charitable organization shall be exempt provided the animal has been vaccinated in accordance with this Chapter at the time the animal is transferred to the new owner." Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Norrie, Gonzalez, and Elmore Nays: Councilor Williams City Council recessed at 11:40 a.m. and reconvened at 11:57 a.m. Item 7a RESOLUTION NO. 106-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID TO DAVIS CONSTRUCTION IN THE AMOUNT OF $24,084.00; AND MOTE, INC. IN THE AMOUNT OF $20,066.00; 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. 106-2004 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None 413 Item 7b RESOLUTION NO. 107-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, LIFTING THE RESTRICTIONS CONTAINED IN SECTION 106-186 OF THE CODE OF ORDINANCES WHEN THE COMBINED LAKE LEVELS REACH A CAPACITY OF FIFTY (50%) PERCENT; 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. 107-2004 be passed. Motion seconded by Councilor Williams. Mr. Scott Taylor reported that this morning the combined lake level capacity was at 62.9%. He provided historical data noting that we gained over two years of water in one rainfall event. Mr. Taylor explained that the two prominent restrictions that will remain in place are that you cannot use spray type irrigation between 11 a.m. and 6 p.m. and you may wash your car at home but you must have a positive shut-off devise on the hose. You can water any day of the week but must adhere to the times and have the shut off devise. Councilor Norrie expressed concern about releasing water restrictions without the Water Resources Commission giving a recommendation on this. Councilor Gonzalez was also concerned with the fact that it was a one-day's rain and the uncertainty of duplication in the future. In order to continue conserving water, we should retain the restrictions since everyone is used to them. We should wait until the Reverse Osmosis Plant is in place before relaxing the restrictions. Councilor Norrie wanted to get input from the Water Resources Commission on this. There is no dire need to act on this today. Moved by Councilor Norrie to place this item on the table. Motion seconded by Councilor Gonzales and failed by the following vote. Ayes: Councilors Norrie and Gonzalez Nays: Mayor Altman, Councilors Williams, Ammons, and Elmore Main motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, and Elmore Nays: Councilors Norrie and Gonzalez Reza Vafiyan requested that he be allowed to speak on the demolition of his two properties located at 1801 Britain and 1803 Britain. He said he failed to address the Council when demolition of hazardous structures was being considered. Item 7a reopened Moved by Councilor Norrie to reopen Item 7a relating to demolition of hazardous structures. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: Mayor Altman Reza Vafiyan, 2900 Kyle Cove, requested that Council reconsider their action to demolish the structures located at 1801 Britain and 1803 Britain. Following information and discussion relating to this item, Council agreed that Mr. Vafiyan had been provided ample opportunity to begin restoration of these structures and he had not. 414 Item 7a continued Motion carried by the following vote that Resolution 106-2004 be passed. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None Item 8a Councilor Ammons wanted to know what happens to the water that goes over the dam at Lake Wichita and who owns that water. Mr. Taylor explained that the City does not have any water rights to Lake Wichita water; it belongs to the State. We would have to apply to the State for water rights. We do have a permit to put water from Lake Diversion into Lake Wichita for recreational purposes. The reason we don't apply for those water rights and why we do not attempt to capture that water is because of the water quality. Councilor Ammons asked if we had any flooding after the big rain. Mr. Taylor informed that there was minor flooding and there were some street closures, one was in Faith Village. He noted that the Faith Village project was not complete but it has done what it was designed to do, to divert the large flow, and it did alleviate some of the flooding. Councilor Ammons expressed concern about the high water on Monroe Street as it goes into that channel, and asked if there was a way to move that water quicker. Mr. Taylor replied that there was not, but there is a project, Kemp-Monroe Drainage Project, which should improve that situation by moving the water out of Kemp and out of that channel faster. We do have a concern about that. Councilor Ammons asked about the possibility of blocking the culvert at Monroe for the safety of the kids who get in them. Mr. Taylor replied that they have looked at several options and there is no easy solution. Putting up barricades only poses a larger problem by trapping trash, which in turn keeps the water from flowing up stream. Councilor Gonzalez thanked District 4 for calling in about lifting the water restrictions. Councilor Elmore informed that twelve residents attended the last District 5 meeting and it was a good meeting. The next meeting will be at Kate Haynes on the second Monday of the month and then at City View on the third Monday of the month. He invited everyone to come and express their concerns. Councilor Williams expressed appreciation for the calls on the water issue. I, personally, would not have wanted to have the restrictions lifted, and I will continue to live as though they are still on. I think people who did not want them off will continue to live as though they were on. Councilor Williams mentioned a letter in the newspaper stating that the City uses all the mulch for the City trees and citizens should get that mulch. She informed that the City gives away mulch at least four times a year free to the citizens. Maybe it needs to be advertised more. We would be irresponsible if we did not use it to mulch our trees, because that is what being good stewards of community resources is all about. Mr. Taylor announced that the next mulch giveaway would be September 18. Councilor Williams asked citizens who contact her by mail to give her an address or some way for her to contact them in order to follow up on their concerns. Item 8b Mr. Scott Taylor provided information on the compost give away. He will contact the citizen who wrote the letter in the newspaper and provide him with this information. He asked everyone to help with the program by bagging their grass clippings. 415 Item 8c(1 & 2) City Council went into Executive Session at 1:50 p.m. as authorized by Section 551.071 and 551.074 of the Texas Government Code. City Council reconvened at 2:58 p.m. Mayor announced that no votes were taken during Executive Session. Councilor Norrie was not in Council Chambers at this time. Item 8d(1a) Mayor Altman appointed Mr. Powell Burns, Place 4, and Mrs. Deborah Neal, Place 5, to the Housing Authority, with terms to expire July 31, 2006. Mayor announced that these were mayoral appointments. Item 8d(1 b) Moved by Councilor Williams that the following members to the Arts Commission be reappointed with terms to expire July 31, 2006: Ms. Jeanette Bradley, Place 4— Heritage Society Mr. Wray Williams, Place 9—At-Large Mr. John Christoff, Place 10 —At-Large Mr. Lynn Marshall, Place 12 —At-Large Ms. Heather Tedford, Place 14 —At-Large Mr. David Ramsey, Place 7— Museum and Art Center; and that the following be appointed to the Arts Commission: Ms. Marsha Dillon — Place 6 —WF Art Association, term expires July 31, 2006 Mr. Ron Fischli — Place 5— MSU, term expires July 31, 2006 Mr. John Hirschi — Place 16— Kemp Center for the Arts, term expires July 31, 2005 Mr. Michael Maloney— Place 13—At-Large, term expires July 31, 2006 Mr. Larry Sharp— Place 3 — Backdoor Theater, term expires July 31, 2006 Mr. John Vitek - Place 11 —At—Large, term expires July 31, 2005. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Gonzalez, and Elmore Nays: None Councilor Norrie returned to Council Chambers. Item 8d(1c) Moved by Mayor Altman to appoint Councilor Charles Elmore to the MPO/Traffic Policy Committee. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Norrie, Gonzalez, and Elmore Nays: None 416 Item 9 Mayor announced that no one signed up to speak under Public Comments. City Council adjourned at 3:10 p.m. PASSED AND APPROVED this \'I'day of , 2004. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres-Ozuna City Clerk 1 1 � � NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, August 3, 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: Reverend Rob Price Trinity United Methodist Church 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. Receive Minutes: a. Planning & Zoning Commission — June 10, 2004 REGULAR AGENDA 6. Ordinances: a. Ordinance Amending Section 82-223 Of The Code Of Ordinances Regarding Payment Of Fees, And Changing The Name Of The Scotland Park Recreational Vehicle Park To Wichita Bend RV Park. (City Council Bill #175) b. Ordinance Making Appropriation In The Amount Of $47,000 To The Special Revenue Fund For Additional Grant Revenue For The Women, Infants And Children (WIC) Program Received From The Department Of State Health Services. (City Council Bill #176) City Council Agenda Tuesday, August 3, 2004 Page 2 c. Ordinance Amending In Its Entirety Chapter 14, Animals, Of The Wichita Falls Code Of Ordinances. (City Council Bill #177) 7. Resolutions: a. Resolution Authorizing Award Of Bid To Mote, Inc And Davis Construction For Demolition Of Hazardous Structures. (City Council Bill #178) b. Resolution Lifting The Restrictions Contained In Section 106-186 Of The Code Of Ordinances When The Combined Lake Levels Reach A Capacity Of Fifty (50%) Percent. (City Council Bill # 179) 8. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: (1) Briefing By City Attorney Regarding Status Of Pending Litigation, Cheryl Karkheck v. The City Of Wichita Falls And Alfred Goodwin, Cause No. 158-708-13; As Authorized By Section 551 .071 Of The Texas Government Code. (2) Deliberate The Employment Of A Public Employee, As Authorized By Section 551 .074 Of The Texas Government Code. (3) Consider Qualifications Of Possible Appointees To The Housing Authority, As Authorized By Section 551 .074 Of The Texas Government Code. d. Open Session: (1) Appointments To Boards And Commissions: a) Housing Authority b) Arts Commission c) MPO/Transportation Policy Committee (TPC) END OF TELEVISED SEGMENT City Council Agenda Tuesday, August 3, 2004 Page 3 9. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. 10. 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