Min 08/17/2004 417
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
August 17, 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
Pastor Ken Hildebrand, University United Methodist Church, gave the invocation.
Item 3
No presentations were made.
Item 4
The Minutes were approved as distributed.
Item 5
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Williams that the Consent Agenda be approved.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
418
Item 5
RESOLUTION NO. 108-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING A JOINT FUNDING AGREEMENT WITH U.S. GEOLOGICAL
SURVEY FOR OPERATION AND MAINTENANCE OF STREAM FLOW AND
RESERVOIR CONTENT GAUGING STATIONS; 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 Metropolitan Planning Organization —April 7, 2004, January 7,
2004, December 5, 2003, October 1, 2003, July 9, 2003, April 2, 2003
b. Wichita Falls Traffic Safety Commission —June 2, 2004
c. Wichita Falls 4B Sales Tax Corporation —October 7, 2003
d. Transportation Policy Committee Meeting —April 21, 2004, March 23, 2004,
January 21, 2004, December 19, 2003, October 24, 2003, July 30, 2003, May
28, 2003.
Item 7a
ORDINANCE NO. 62-2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING PART II OF THE WICHITA FALLS CODE OF ORDINANCES,
AT CHAPTER 106, UTILITIES; 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. 62-2004 be passed.
Motion seconded by Councilor Williams.
Mayor noted that a correction needed to be made in Section 106-1023 (e): Correct "limited
liability corporation" to read "limited liability company".
Motion with the correction carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 7b
ORDINANCE NO. 63-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT
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 Elmore that Ordinance No. 63-2004 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
419
Item 8a
RESOLUTION NO. 109-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AWARDING A PROPOSAL TO MATHIS, WEST, HUFFINES & COMPANY
TO CONDUCT THE CITY'S ANNUAL FINANCIAL AUDIT FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2004 WITH OPTIONS TO RENEW FOR EACH OF THE
THREE SUBSEQUENT FISCAL YEARS; 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.109-2004 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 8b
A resolution was presented to approve the fiscal year 2004-2005 Budget of the 4B
Sales Tax Board.
Moved by Councilor Ammons that proposed resolution be passed.
Motion seconded by Councilor Esther.
Mayor stated that technically this budget should not be adopted until the budget amendment
to this year's budget is approved. Mayor suggested tabling this item and picking it up after Council
considers the budget amendment.
Moved by Councilor Elmore to table.
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 8c
RESOLUTION NO. 111-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH
INTERGRAPH PUBLIC SAFETY FOR THE INSTALLATION AND MAINTENANCE
OF A COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM;
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. 111-2004 be passed.
Motion seconded by Councilor Williams.
Mayor asked if this system came with an oracle database or if this was using the City's
oracle database that we already have licensed? Mr. Ray Sanders replied that there would be an
additional license associated with the oracle product for this project.
Mayor asked if we were spending $2 million and as part of this getting an oracle database
license and putting it on an end of life version of the database? Mr. Sanders explained that the
new license would be for the Police Department databases. It will not affect the City's database as
far as the core application is concerned. Mayor asked if it was going to be for the latest version
and Mr. Sanders replied that it would be.
420
Item 8c continued
Mayor pointed out that we were going to be running one version of oracle database at the
Police Department and staff is going to be servicing that as well as a different version for the rest of
the City. Mr. Sanders explained that it would be two separate versions, which are very similar. He
added that they plan to address this issue in the 2005-2006 budget by requesting to place both of
these databases on the same level.
Mr. Dockery informed that staff would get trained in the next year to implement the new
product. Councilor Norrie pointed out that staff would not be up as far as training on the new
version throughout. Mr. Dockery agreed that training was going to be an issue. Mayor stated that
training has to occur before or during the time we're putting in this Computer Aided Dispatch
System in order for staff to understand the new version to install the new system. Mr. Dockery
mentioned that the Police Department has training funds for this new project so the person
supporting the police system will be receiving that training a little earlier than the others. All three of
our application analysts will need to be educated on that oracle product and the one for the Police
Department is funded in this project. Mr. Sanders informed that Pam Rogers would be trained on
this and Neal Howard would be the backup.
Councilor Norrie stepped out of Council chambers.
Motion carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 8d
RESOLUTION NO. 112-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH CHOICE WIRELESS, L.C. FOR THE PLACEMENT OF
TELECOMMUNICATIONS EQUIPMENT AT WICHITA FALLS MUNICIPAL
AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Councilor Norrie returned to Council chambers.
Moved by Councilor Williams that Resolution No. 112-2004 be passed.
Motion seconded by Councilor Gonzales.
Mr. Darron Leiker mentioned that there was an error in the proposed resolution, which
needed to be amended by Council. He offered that the third "whereas" be replaced with the
following language: "Whereas, Choice Wireless, L.C. has agreed to lease the above described
space for an initial term of five (5) years in which Choice Wireless, L.C. will pay to the City an
annual rent of$9,000. Additional one-year terms may be granted with annual rent increased by
15% for the first extended year. Rent for subsequent one-year terms will be mutually agreed to by
the parties, but shall not increase by more than 15% in any one year."
Moved by Councilor Norrie to amend Resolution 112-2004 by replacing the third "whereas"
with the following language: "Whereas, Choice Wireless, L.C. has agreed to lease the above
described space for an initial term of five (5) years in which Choice Wireless, L.C. will pay to the
City an annual rent of$9,000. Additional one-year terms may be granted with annual rent increased
by 15% for the first extended year. Rent for subsequent one-year terms will be mutually agreed to
by the parties, but shall not increase by more than 15% in any one year."
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.
421
Item 8d continued
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 8e
RESOLUTION NO. 113-2004
RESOLUTION AMENDING ANIMAL CONTROL FEES FOR LICENSING,
PERMITTING, IMPOUNDMENT, QUARANTINE, DISPOSAL AND TRAP DEPOSIT
FOR THE WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH DISTRICT;
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.113-2004 be passed.
Motion seconded by Councilor Norrie.
Councilor Williams expressed concern with the percentage increase in the first category
relating to animal licenses. She suggested that the animal fee license for neutered animals be
increased from $2 to $5. She stated that she did not agree with the increase on the not neutered
animals.
Councilor Elmore agreed with Councilor Williams and felt that the proposed increase was
too much.
Moved by Mayor Altman to amend the proposed resolution by changing the proposed one
year$8 fee for neutered animals to $7 and the $24 fee for not neutered animals to $21.
Motion seconded by Councilor Norrie and carried by the following vote.
Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: Councilor Williams
Main motion as amended carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
City Council recessed at 9:55 a.m. and reconvened at 10:10 a.m.
Item 8f
RESOLUTION NO. 114-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) EACH %-TON EXTENDED
CAB PICKUPS FROM FOUR STARS MOTORS IN THE AMOUNT OF $34,000.00
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. 114-2004 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
422
Item 8q
RESOLUTION NO. 115-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A PARTICLE
SIZE ANALYZER FROM BRIGHTWELL TECHNOLOGIES, INC., IN THE
AMOUNT OF $30,351.00. 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. 115-2004 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 8h
RESOLUTION NO. 116-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AN AMENDMENT TO THE 46 BOARD OF DIRECTORS
FISCAL YEAR 2003-2004 BUDGET FOR A COMPUTER AIDED DISPATCH AND
RECORDS MANAGEMENT SYSTEM; 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. 116-2004 be passed.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 8b was removed from the table.
Item 8b
RESOLUTION NO. 110-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING THE FISCAL YEAR 2004-2005 BUDGET OF THE 4B SALES
TAX BOARD; 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 to remove Item 8b from the table.
Motion seconded by Councilor Williams and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Mr. Matt Benoit informed that this includes the budget amendment in the current fiscal year
for the Computer Aided Dispatch and Records Management System Project; however, this is the
budget for the next fiscal year that may be amended for other projects. He noted that the only
expenditure budgeted is the debt service in the amount of$936,715 for the Public Safety Training
Center, the Two-way Radio Project, and the Computer Aided Dispatch and Records Project.
423
Item 8b continued
Motion to pass Resolution No. 110-2004 carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 9a
RESOLUTION NO. 117-2004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AWARD OF BID TO VARIOUS VENDORS FOR THE
CITY'S ANNUAL SUPPLY OF CHEMICALS FOR WATER AND WASTEWATER
TREATMENT; 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. 117-2004 be passed.
Motion seconded by Councilor Esther.
Mrs. Peggy Gahagan informed that there was a tie bid for the powder activated carbon, and
bid award will have to be determined by a toss of the coin. City Attorney informed that the
governing body decides what method of chance is used to determine the winner.
Mayor Pro Tern Williams called tails for Norit Americas, Inc. from Marshall, Texas. After a
toss of the coin by Councilor Ammons the bid was awarded to Norit Americas, Inc. Marshall, Texas.
Moved by Councilor Williams to amend Resolution 117-2004 by inserting in the blank in
Section 1 —" Norit Americas, Inc. Marshall, Texas".
Motion seconded by Councilor Norrie 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 Esther thanked everyone who expressed their condolences to him in the loss of a
family member.
Councilor Elmore thanked staff and those attending his District 5 forum at City View. He will
be holding another forum at Kate Haynes School and invited more citizens to attend.
Councilor Ammons reminded everyone to get their tickets for the Red River Ranch Round-
up.
Councilor Gonzalez thanked those who called him and supported him in his vote against the
water restrictions.
Councilor Norrie expressed appreciation to Mr. Reuben Warren for all his work during the
lengthy process of amending the animal ordinance. He was also pleased with the Health
Department's demeanor during this time. He expressed appreciation to Mr. Jim Dockery and his
department for their professional work in preparing the budget.
424
Item 10a continued
Mayor informed that he had not completed the wording on the animal ordinance section that
deals with cats and that is why he did not place it on this agenda, but it will be on the September 7,
2004 Council agenda.
Item 10b
Mr. Dave Clark informed that the Buchanan Terrace Apartments obtained a building permit,
which still has a time frame on them of six months from the time Council authorized their extension.
There is no construction but the clock is ticking on their six months.
City Manager informed that the combined lake level is at 61%. City Manager commented
that he attended the City View District 5 forum and although the numbers were not great, the quality
of the meeting was.
Councilor Williams asked if Flood Street was no longer in the flood zone. Mr. Scott Taylor
informed that the FEMA maps still govern and there has been no change.
Councilor Norrie asked that at the next meeting staff provide a report on the steps of the
Faith Village Project. City Manager stated that staff would provide progress and financial reports.
Mr. Taylor informed that the RMO-Microfiltration Plant was still on schedule for March.
Mayor requested that a tour of the Plant be scheduled for Council before March.
Item 11
Mayor announced that no one signed up to speak under Public Comments.
City Council recessed at 10:45 a.m. and reconvened at 11:15 a.m.
Item 12
City Council held a work session to consider the Proposed Fiscal Year 2004-2005 City
Budget.
City Council recessed from the work session at 5:10 p.m. and reconvened August 18, 2004
at 9:10 a.m.
City Council adjourned at 11:55 a.m. on Wednesday, August 18, 2004.
PASSED AND APPROVED this l day of , 2004.
WILLIAM K. ALTMAN
MAYOR
ATTEST:
Lydia Torres-Ozuna
City Clerk
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
17, 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: Pastor Ken Hildebrand
University United Methodist Church
3. Presentations:
4. Approval of Minutes.
CONSENT AGENDA
5. Resolution To Approve Joint Funding Agreement With U.S.
Geological Survey For Operation And Maintenance Of Stream
Flow And Reservoir Content Gauging Stations. (City Council
Bill No. 180)
6. Receive Minutes:
a. Wichita Falls Metropolitan Planning Organization — April 7,
2004,
January 7, 2004, December 5, 2003, October 1, 2003, July 9,
2003,
April 2, 2003.
b. Wichita Falls Traffic Safety Commission — June 2, 2004
c. Wichita Falls 4B Sales Tax Corporation — October 7, 2003
d. Transportation Policy Committee Meeting — April 21, 2004,
March 23, 2004, January 21, 2004, December 19, 2003,
October 24, 2003
City Council Agenda
Tuesday, August 3, 2004
Page 2
July 30, 2003, May 28, 2003.
REGULAR AGENDA
7. Ordinances:
a. Ordinance Amending Chapter 106, Article X, Code Of
Ordinances, "Grease Interceptors, Installation And Disposal
Of Waste."
(City Council Bill #181)
b. Ordinance Making An Appropriation To The Special
Revenue Fund For Additional Grant Revenue Received
From The Department Of State Health Services And
Authorizing The City Manager To Execute Contract
Accepting Same. (City Council Bill #182)
8. Resolutions:
a. Resolution Awarding A Proposal To Mathis, West, Huffines
& Company To Conduct The City's Annual Financial Audit
For The Fiscal Year Ending September 30, 2004 With
Options To Renew For Each Of The Three Subsequent
Fiscal Years. (City Council Bill #183)
b. Resolution Approving The Fiscal year 2004-2005 Budget Of
The 4B Sales Tax Board. (City Council Bill #184)
c. A Resolution Authorizing The City Manager To Sign A
Contract With Intergraph Public Safety For The Installation
And Maintenance Of A Computer Aided Dispatch And
Records Management System. (City Council Bill No. 185)
d. Resolution Authorizing The City Manager To Execute A
Lease Agreement With Choice Wireless, L.C. For The
Placement Of Telecommunications Equipment At Wichita
Falls Municipal Airport. (City Council Bill #186)
e. Resolution Amending Fees For The Animal Control Program
In The Wichita Falls-Wichita County Public Health District.
(City Council Bill #187)
f. Resolution Authorizing Award Of Bid For The Purchase Of
Two (2) Each '/2-Ton Extended Cab Pickups To Four Stars
Motors. (City Council Bill #188)
g. Resolution Authorizing Award Of Bid For The Purchase Of A
Particle Size Analyzer To Brightwell Technologies, Inc. (City
City Council Agenda
Tuesday, August 3, 2004
Page 3
Council Bill #189)
h. A Resolution Authorizing An Amendment To The 4B Board
Of Directors Fiscal Year 2003-2004 Budget For A Computer
Aided Dispatch and Records Management System. (City
Council Bill #190)
9. Award of Bids:
a. Award of Bid To Various Vendors For the City's Annual
Supply Of Chemicals For Water And Wastewater Treatment.
(City Council Bill #191)
10. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
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. Work Session to Consider Proposed FY 2004-2005 Budget.
13. Recess and Reconvene on Wednesday, August 18, 2004, At
8:30 a.m. And Thursday, August 19, 2004, At 8:30 a.m., If
Necessary.
14. Adjourn.
Wheelchair or handicapped accessibility to the meeting is
possible by using the handicapped parking spaces and ramp
located off the east parking lot on the Sixth Street entrance.
Spanish language interpreters, deaf interpreters, Braille copies
or any other special needs will be provided to any person
requesting a special service with at least 24 hours notice.
Please call the City Clerk's Office at 761-7409.
City Council Agenda
Tuesday, August 3, 2004
Page 4
CERTIFICATION
I certify that the above notice of meeting was posted on the
bulletin board at Memorial Auditorium, Wichita Falls, Texas on
the day of 20 at
o'clock (a.m.)(p.m.).
City Clerk