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Min 09/07/2004 425 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 7, 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 City Clerk, Lydia Torres-Ozuna, gave the invocation. Item 3 Ms. Antoinette Hastings, Assistant to the Fire Marshal, Fire Department, was recognized as employee of the month for September 2004. Mayor presented Ms. Hastings with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Mayor proclaimed the week of September 12-18, 2004 as "Howmet Castings Division Week" in celebration of their 251h anniversary in the City of Wichita Falls. Mr. John Hislop, General Manager, and Mr. Jim Ingalls, Human Resources Manager, accepted the proclamation and invited the public to their open house September 18. Item 4 The Minutes were approved as distributed. Items 5a-6h City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Gonzalez 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 426 Item 5a RESOLUTION NO. 118-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE JASPER WATER TREATMENT PLANT EXPANSION DEMOLITION PROJECT BID ITEM 1 (CWF04-550-10-1) AND AUTHORIZE FINAL PAYMENT TO NORTH TEXAS DEMOLITION; 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. 119-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE 2004 CLARIFIER REPAIR PROJECT (CWF04-550-01) AND AUTHORIZE FINAL PAYMENT TO WICHITA CONTRACTORS, INC.; 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. 120-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, GRANTING THE YMCA OF WICHITA FALLS AN EXTENSION TO THE LICENSE GRANTED TO THEM ON APRIL 6, 2004 FOR EXTENDED RESERVATION PRIVILEGE OF THE FOUR BASEBALL FIELDS IN UNIVERSITY KIWANIS PARK FOR A FALL YOUTH BASEBALL LEAGUE THROUGH OCTOBER 2004; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 6a-6h Minutes of the following board and commission meetings were received. a. Wichita Falls Park Board -April 29, 2004 b. Wichita Falls Park Board- May 27, 2004 c. Animal Shelter Advisory Committee -April 29, 2004 d. Animal Shelter Advisory Committee - March 25, 2004 e. Animal Shelter Advisory Committee - March 11, 2004 f. Planning and Zoning Commission - July 14, 2004 g. Library Advisory Board - May 25, 2004 h. Wichita Falls Economic Development Corporation - March 12, 2004 Item 7a City Clerk requested that the public hearing on the franchise application from Davilla, Inc. be removed from the agenda. Ownership issues arose and are in the process of being resolved. Item 7b City Clerk requested that the proposed ordinance on the Davilla, Inc. franchise application be removed from the agenda. Ownership issues arose and are in the process of being resolved. Item 8a A public hearing was held regarding a franchise renewal for taxicab service to Prezo, Inc. DBA Presidential Transportation. 427 Item 8a continued Mayor declared the public hearing open. City Clerk informed that this was a public hearing to receive input regarding a franchise renewal for Prezo, Inc. dba Presidential Transportation. Under the Code of Ordinances, vehicle for hire franchise holders are required to renew their franchise license every five years and they are required to go through the entire process including a public hearing. Mayor stated that the financial statements submitted by Prezo, Inc. and the other cab company are very poorly done and are not in a proper form for a financial statement. For example, Prezo, Inc. shows $237,000 as an asset when indeed it is a loan; it shows vehicles that we cannot determine if it is at cost or the original costs; and it shows transmission parts with a substantial figure of about $15,000 when the franchise owner also has a transmission business. This company seems to be operating effectively and efficiently and I am not going to raise that problem. I am going to ask the City Attorney to look at the taxicab ordinance and propose an amendment that requires that financial statements be prepared by a certified public accountant so we can get a standardized form so we do not have to guess at these things. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8b ORDINANCE NO. 64-2004 ORDINANCE AUTHORIZING A FRANCHISE RENEWAL FOR TAXICAB SERVICE TO PREZO, INC. DBA PRESIDENTIAL TRANSPORTATION FOR FIVE YEARS; 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. 64 -2004 be passed. Motion seconded by Councilor Esther. City Clerk informed that this ordinance would authorize the franchise to be renewed for Prezo, Inc. dba Presidential Transportation. They currently have 29 permits authorized and of those 15 are currently permitted. Councilor Ammons mentioned that Mr. Wade's assumed name certificate showed his address as Echo Lane but all other documents showed East Scott, what is the reason? Mr. Wade replied that they will have to change that with the County Clerk. He informed that he has some cars that are waiting to be inspected following today's Council action. Mayor asked Mr. Wade how many cabs he had operational now. Mr. Wade replied that he has 15 and three that are waiting inspection following Council action today. Mayor mentioned that there was a question that came up months ago about issuing another cab franchise and there was a discussion about the number of vehicles currently permitted by both cab companies. You have 29 permits and you are not using all those permits, why do you need the 29 permits? Do you foresee at some point and time using the 29, because the fact that there were 29 permits was an argument against allowing a third cab company to come in, yet I have not seen you or the other cab company use all your permits. Mr. Wade replied that there were 12 cabs then and have added 6 since then. The need and necessity is not there because of the military restrictions and the military has a lot to do with the cab operations of this town. Pretty well 70°1*of our business is military and when the restrictions are there it does not make economic sense to fill these permits and pay $500 for liability for a car to just sit there. Councilor Williams asked if there was a time when he had all his permits filled. Mr. Wade replied that there was. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 428 Item 9a ORDINANCE NO. 65-2004 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS COMBINATION TAX AND REVENUE REFUNDING BONDS, SERIES 2004; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SUCH BONDS; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT, AN ESCROW AGREEMENT, AND A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING THE OFFICIAL STATEMENT; DECLARING AN EMERGENCY; DECLARING AN EFFECTIVE DATE; AND AUTHORIZING AND ENACTING OTHER MATTERS AND PROVISIONS RELATING TO THE SUBJECT Moved by Councilor Elmore that Ordinance No. 65-2004 be passed. Motion seconded by Councilor Esther. Mr. Murphy Davis with Sentry Management, Financial Advisor for the City, introduced Mr. Murphy Davis, Jr., Vice-President of Sentry Management, and Mrs. Sara Tangen with McCall, Parkhurst & Horton, Bond Counsel for the City. Mr. Davis gave a brief history on this bond issue followed by the basis for the refinancing. He also explained how this would have a positive affect on the debt service coverage. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9b ORDINANCE NO. 66-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 6720 OF THE ZONING ORDINANCE, APPENDIX B OF THE CODE OF ORDINANCES, BY ADDING A DEFINITION OF A GENERAL BUSINESS SIGN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Ordinance No. 66-2004 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 9c ORDINANCE NO. 67-2004 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 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. 67-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. 429 Item 9c continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9d ORDINANCE NO. 68-2004 ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT AND TO APPROPRIATE $29,982.00 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. 68-2004 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 9e ORDINANCE NO. 69-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING AND ABANDONING A 20-FOOT ALLEY CONSISTING OF APPROXIMATELY 4,163.36 SQUARE FEET RUNNING FROM GRACE STREET TO CLARK STREET, ALSO KNOWN AS LOT 1-A, BLOCK 26, CARUTHERS SUBDIVISION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; 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. 69-2004 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 9f ORDINANCE NO. 70-2004 ORDINANCE MAKING AN APPROPRIATION FOR THE HOLT HOTEL PROJECT FROM ECONOMIC DEVELOPMENT INITIATIVE FUNDS IN THE AMOUNT OF $198,820 AND AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT AGREEMENTS FOR THE USE OF THESE FUNDS; 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. 70-2004 be passed. Motion seconded by Councilor Williams. Mayor asked Mr. Dave Clark to prepare and put on the next Council agenda a resolution expressing appreciation to Senator Kay Bailey Hutchinson for her efforts in securing these funds for the Holt Hotel. 430 Item 9f continued Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9q ORDINANCE NO. 71-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 82-62 OF THE CODE OF ORDINANCES TO PERMIT FOOD AND DRINK AND ADMISSION TICKET SALES BY THE BOYS & GIRLS CLUB DURING THEIR YOUTH FOOTBALL LEAGUE ON THE NORTH THREE FIELDS OF THE FOOTBALL/SOCCER COMPLEX IN LAKE WICHITA PARK SEPTEMBER 11, 2004, THROUGH NOVEMBER 13, 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 Williams that Ordinance No. 71-2004 be passed. Motion seconded by Councilor Elmore. Councilor Norrie brought up the issue of standardized agreements for all non-profits and said that the Park Board, as well as himself, think that some consistency needs to be obtained with all the entities. As an example he mentioned admission fees. Mr. Jack Murphy recommended that this waiver be approved for this period and that consideration be given during the off-season to negotiate a more consistent agreement with the organization. The primary reason is that it is so late in the year and their season of play begins in a few weeks. Also, they probably already have their budgets set. Mayor commented that the Boys and Girls Club is treated differently in part because in 1973 they agreed to build the fields, and that raises the question of should they continue to do so. City Manager agreed that their agreement is different and it goes back to how it originated. They built these fields and had a substantial investment in that. Mr. Murphy is on the right track to renegotiate this agreement. The obvious point to ask is how long is a construction project good for? We do need to look at this agreement when the season is over, but approve this one today. Ronnie London, Director Boys & Girls Club, 4404 Post Oak Drive, gave background on the Boys and Girls Club investment. They landscaped the fields, planted trees, built the concession and restrooms, put in lights and bleachers, as well as continue to make improvements to the fields. We partnered with the City on the parking lots. In addition we replace the lighting. When you put a pencil to it what we are asking for is a waiver for concession revenue, which runs about $5,000/year, and the waiver to charge admission is for two weekend playoffs and this is used to help defray cost of the awards. The revenue is not for the program itself because we are continually putting back into our investment. He mentioned that they had built six fields and they turned three over to Parks for soccer. Councilor Norrie stated that he is aware of some of the other contracts, and the amount of work that this Club puts into this far exceeds any other organization's. It is a different entity in itself. Mayor mentioned that Councilor Gonzalez informed him that he is a member of the Boys and Girls Club Executive Committee. Our City Charter has a mandatory directive that every council member shall vote unless there is a legal disqualification, and that is not a legal disqualification that would cause Councilor Gonzalez not to vote. I have told him he should vote on this issue. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 431 City Council recessed at 9:55 a.m. and reconvened at 10:35 a.m. Item 10a RESOLUTION NO. 121-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC., "'CAPP") TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2005; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2005; AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2005 AND TO HONOR THE CITY OF WICHITA FALLS' COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2005 THROUGH CAPP; 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. 121-2004 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 10b RESOLUTION NO. 122-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE NORTH CENTRAL TEXAS MEDICAL FOUNDATION FOR THE PROVISION OF MEDICAL SERVICES TO 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 Elmore that Resolution No. 122-2004 be passed. Motion seconded by Councilor Ammons. City Attorney will follow-up to see that there is a resolution authorizing the North Texas Central Medical Foundation to enter into this agreement. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 10c RESOLUTION NO. 123-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE FISCAL YEAR 2004-2005 BUDGET FOR THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 432 Item 10c continued Moved by Councilor Gonzales that Resolution No.123-2004 be passed. Motion seconded by Councilor Ammons. Mr. Matt Benoit informed that Section 1 of the proposed ordinance indicates it is a 4B budget but it should reflect that it is the Economic Development Corporation budget. Moved by Councilor Esther to amend Section 1 of the proposed ordinance by replacing the wording "46" with "4A Economic Development Corporation". Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzales, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzales, and Elmore Nays: None Item 10d RESOLUTION NO. 124-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CONTRACTS WITH THE TENNIS CENTER PROFESSIONALS AT THE HAMILTON AND WEEKS PARKS TENNIS CENTERS; 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. 124-2004 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzales, and Elmore Nays: None Item 10e RESOLUTION NO. 125-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR INFORMATION SERVICES FIBER OPTIC CABLE PROJECT (CWF04-4B-25); 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. 125-2004 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 433 Item 10f RESOLUTION NO. 126-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF PROPOSAL FOR A NORTEL OPTION 11C TELEPHONE SYSTEM TO SBC IN THE AMOUNT OF $66,731.07; 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.126-2004 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 10g RESOLUTION NO. 127-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A FRONT END LOADER WITH HYDRAULIC HAMMER FROM CASE EQUIPMENT IN THE AMOUNT OF $71,802.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Gonzalez that Resolution No. 127-2004 be passed. 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 11 a Mrs. Jan Stricklin provided information on the proposals for the City's insurance program. Moved by Councilor Williams to award the proposal for the City's Insurance Program to Williams-Dwyer Company as listed below. Boiler& Machinery Included Building & Contents $118,167 Extra Expense $ 2,487 Electronic Equipment Included TOTAL PREMIUM COSTS - $120,654 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 12a Councilor Esther expressed appreciation to those who work to help save the City money such as this morning on the bond issuance. He commended all the City Staff who work to do this. Everyone is doing a fine job. Councilor Elmore expressed appreciation to the citizens in their response to the Citizens Police Academy. The Police Department has been very cooperative in their efforts 434 Item 12a continued to put this Police Academy on, starting October 5. He is still interested in the Neighborhood Watch Programs and we have several in their formative stages. He asked that anyone interested in participating or has questions to contact the Police Department or himself. He expressed appreciation to everyone including the media for their help. Councilor Williams informed that there would be a City compost giveaway on Saturday September 18. Councilor Williams suggested giving recognition to Mia Hamm, the Olympic winner in soccer, because of her connection to Wichita Falls as a student. She probably changed the whole view of soccer for girls and certainly increased the excellence for even young men in this area because of her association with soccer at Notre Dame. Councilor Williams asked that we pursue some meaningful way to help citizens in defraying their water bills, and that we do that between now and the first of the year. She encouraged those who can and will to make extra amounts of contributions to their water bills in order to help those in a less fortunate circumstance. Councilor Ammons mentioned a safety issue with the parking on both sides of the street at the Johnny Carino's Restaurant. Mr. Darron Leiker provided Code information on this issue and said they would check into possible solutions. Councilor Gonzalez announced that at Midwestern State University's game on Saturday at Memorial Stadium, they will recognize those who have served in the military or law enforcement or anyone involved in 911. He encouraged everyone to support this. Councilor Gonzalez announced that the Fiestas Patrias parade would be held this Saturday and invited everyone to attend. Mayor informed that he had received a letter from TXDOT authorizing the development of Loop 11 as a non-controlled access facility. They have scheduled the bid letting date as April 2007, but we will work with TXDOT to try to move that date up. Item 12b Mr. Reuben Warren complimented his staff for providing services to the community above and beyond what is expected from the citizenry. Earlier this year the Texas Department of Health had mandated that no school age child would be allowed in a Texas school unless all school vaccinations were current. We promoted that information and provided a mobile van in the community to accommodate that need. There were still 600 children that did not get their vaccinations and our staff stepped in, took charge, and took care of those 600 children. They did about three weeks work in four and a half days by working twelve-hour days, and without complaints. They continued to do not only the job they always do but also the other services they provide in addition to accommodating those children too. When the vaccine supply ran low our Director of Nurses drove 170 miles to get more so we would not run short. I am very proud of my Staff for the work they did and I commend them. Item 12c Mr. Scott Taylor, Public Works Director, gave an update on the Faith Village Stormwater Drainage Project. A copy of this update is attached hereto as Exhibit A. Mr. Jim Dockery reported on Storm Water Utility Funds. Mr. Taylor provided information on the compost giveaway. Item 14 Mayor announced that the Executive Session would take place after the public comments. This ends the televised segment. 435 Item 14 continued Aubrey Edelman, 1300 Travis, stated that he became unemployed and entered hobo status on June 1. He expressed concern about the ordinance that addresses outdoor camping as well as outdoor cooking in the City limits and the definition of same. He commented that this covers others aside from hobos. This technicality in the City ordinance needs to be corrected. Also, there are from one extreme to the other in dealing with this status. He suggested amending the ordinance to provide for technicalities of outdoor cooking and give the Police Department the discretion to determine if a hobo is vagrant or if it is permissible. He informed that the mission allows them shelter for thirteen days and then for seventeen days they have to "camp under the stars" so they need to find somewhere to camp for that time period. He suggested giving the Police Department the discretion in this matter. Item 13 City Council went into Executive Session at 12:55 p.m. as authorized by Section 551.074 and 551.071 of the Texas Government Code. City Council reconvened at 2:15 p.m. Mayor announced that no votes were taken during Executive Session. Item 14 Mayor referred to Item 6b, Park Board minutes, and asked Mr. Jack Murphy regarding several statements he made about his Department being cut so that the maintenance of the soccer and ball fields is affected. Mr. Murphy replied that he did not remember making that statement. Mayor stated that he was not aware that the Council had cut his budget. Mr. Murphy replied that he did not read the Park Board minutes, and added that as far as cut backs we are eight positions less than we were eighteen years ago. Mayor clarified that he was referring to the practice fields. Mr. Murphy commented that the Park Board minutes were inaccurate and he did not remember saying that. Mayor called Mr. Murphy's attention to the Park Board minutes where he referred to the City budget process. Mayor stated that it was the City Manager's budget and we don't tell him to do anything with the tax rate. He makes the budget recommendation and we get it. We have never given him a directive to keep the tax rate the same. What concerns me is that the Park Board has the idea that there is no use even trying to get anything. I don't want them to have that impression; if there are some needs I want them to come in here and make a fight for those needs just like we allow you and all the other department heads the opportunity. Mr. Murphy stated that it is complicated to give an explanation about the budget process in just a few words. Mayor said that any time the Park Board or any other boards want to make suggestions and recommendations we are willing to hear those. Mr. Murphy informed that the Park Board members have a frustration about not having Council action on the ten-year plan you adopted. Councilor Williams commented that part of this comes from the fact that they do not realize that in addition to being a board they are citizens and they can come to the hearings to give their input. Also, they apparently did not understand about the above current requests. We do not set the rate and then make the budget apply to the rate. Mayor said he did not want to leave the impression that we had cut the Parks Department. The Parks folks have been asked to do more but we have not cut Mr. Murphy's department. City Manager mentioned that there is a frustration. A couple of the Park Board members if they had been voting would have put a couple of their projects ahead of the 4B projects and I tried to tell them that their turn is coming. We had said we were going to do the academy, fire stations relocation, radio project, and some of those things first then hopefully we could focus more attention on Parks. Mayor said that we have good people on the Park Board and we do not want them to be discouraged because their time is coming when either through the 4B sales tax or the planning effort we are going to do to improve the quality of life. Councilor Williams pointed out that if we had implemented heavily the Park Board's recommendations and Faith Village was still flooding, heads would have rolled. 436 Item 14 continued Mr. Murphy referred to the Faith Village Project and informed that he had recommended a McGrath Urban Walkway but by not replacing the bridges that pretty well kills that project and I did not bring that project up because I thought it had already been discussed. Information related to this project was discussed with Mr. Scott Taylor providing detailed information. Councilor Gonzalez asked how far along we were on projects that were on the back burner when we started 4A and 4B. City Manager replied that the ballot listed several individual projects like parks and recreation projects, library, relocation of fire stations, radio communications, and municipal public training facilities. We are well down on the list of specifics and I am not sure that there is any specific left that we have not addressed. Councilor Gonzalez commented that from his experience of being on the 413 Board, we have been doing projects exclusively that were on the back burner that the City wanted to do. It seems like people in the community are getting the wrong idea about how 4B money is being used as far as outside projects, other than what the City had in mind. City Manager replied that there have been two outside projects that we reserved money for- a stormwater project and they gave Midwestern State University $300,000 to do restoration of the Sikes Lake, and there was a $15,000 Rotary project to finish the shelters, and $100,000 to the Heritage Center. Councilor Williams added that we had finished the Library. City Manager stated that at the time of the election we spoke very emphatically that 4A and 46, particularly 413, would be the City's capital improvement funding projects. Mayor stated that before the City gets into those things that we would like to have, the quality of life issues, we have to make sure we meet the basic needs and that is why we raised the street budget and why 4B has spent most of its time on those enumerated things that were necessities for a safe city. 4B is just now reaching the point where they can go after the quality of life issues. City Manager commented that when we get to that point, his strongest recommendation is going to be to look at a park and recreation facility. Item 15 At 2:40 p.m. the City Council went into a budget worksession to discuss the 2004-2005 City budget. City Council adjourned at 3:45 p.m. PASSED AND APPROVED this a.\day of 2004. WILLIAM K. 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DRAINAGE IMPROVEMENTS B5 ENGINEERS •ARCH17ECfS •SCIENTISTS •PLANNERS SURVEYORSLn •��,were prepared by,or Bader the wpervioon of: FEASIBILITY STUDY 3 4WO FOSSIL CREEK BOULEVARD PORT WORTH,TEXAS 7612-2797 STEPHEN&CRAWFORD 89249 MAY 2A0/ CITY OF WICHITA FALLS,TEXAS TEL(917)617-1422 PAX(917)ZI2-99M ame ate 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, September 7, 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: Associate Pastor - Darryl Brown Colonial Baptist Church 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. a. Resolution To Accept The Jasper Water Treatment Plant Expansion Demolition Project, Bid Item 1 (CWF04-544-10-1) And Authorize Final Payment To North Texas Demolition. (City Council Bill No. 192) b. Resolution To Accept The 2004 Clarifier Repair Project (CWF04-550-01) And Authorize Final Payment To Wichita Contractors, Inc. (City Council Bill No. 193) c. Resolution Granting The YMCA Of Wichita Falls An Extension Through October 2004 To The License Granted To Them On April 6, 2004, For Extended Reservation Privilege Of The Four Baseball Fields In University Kiwanis Park For A Fall Youth Baseball League. (City Council Bill No. 194) 6. Receive Minutes: a. Wichita Falls Park Board Meeting — April 29, 2004 City Council Agenda Tuesday, September 7, 2004 Page 2 b. Wichita Falls Park Board Meeting — May 27, 2004 c. Animal Shelter Advisory Committee — April 29, 2004 d. Animal Shelter Advisory Committee — March 25, 2004 e. Animal Shelter Advisory Committee — March 11 , 2004 f. Planning & Zoning Commission — July 14, 2004 g. Library Advisory Board Minutes — May 25, 2004 h. Wichita Falls Economic Development Corp. — March 12, 2004 REGULAR AGENDA 7. Public Hearing/Ordinance: a. A Public Hearing Regarding Authorizing A Franchise Renewal For Taxicab Service To Davilla Transportation, Inc. DBA All American Transportation All American Cab. b. An Ordinance Authorizing A Franchise Renewal For Taxicab Service To Davilla Transportation, Inc. DBA All American Transportation All American Cab. (City Council Bill #195) 8. Public Hearing/Ordinance: a. A Public Hearing Regarding Authorizing A Franchise Renewal For Taxicab Service To Prezo, Inc. DBA Presidential Transportation. b. An Ordinance Authorizing A Franchise Renewal For Taxicab Service To Prezo, Inc. DBA Presidential Transportation For Five Years. (City Council Bill #196) 9. Ordinances: a. Ordinance Authorizing The Issuance And Sale Of Combination Tax And Revenue Refunding Bonds, Calling For Redemption Prior To Maturity Certain Outstanding Obligations Of The City, Declaring An Emergency And Providing An Effective Date, And Resolving Other Matters Related Thereto. (City Council Bill #197) b. Ordinance Adding A Definition Of A "General Business Sign" To The Definitions Section Of The Sign Regulations Section Of The Zoning Ordinance. (City Council Bill #198) City Council Agenda Tuesday, September 7, 2004 Page 3 c. 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 #199) d. Ordinance Authorizing The City Manager To Accept A Fiscal Year 2004 Local Law Enforcement Block Grant And To Appropriate $29,982.00 In The Special Revenue Fund Of The City. (City Council Bill #200) e. Ordinance Closing and Abandoning A Twenty (20) Foot Wide Alley While Retaining A Utility Easement For The Entire Alley Area Located Between The 1200 Block Of Clark Street And The 1200 Block Of Grace Street, Also Known As Block 26, Lot 1-A, Caruthers Subdivision, Wichita Falls, Wichita County, Texas. (City Council Bill #201) f. Ordinance Making An Appropriation For The Holt Hotel Project From Economic Development Initiative Funds In The Amount Of $198,820.00 And Authorizing The City Manager To Execute Grant Agreements For The Use Of These Funds. (City Council Bill #202) g. Ordinance Waiving Section 82-62 Of The Code Of Ordinances To Permit Food And Drink And Admission Ticket Sales By The Boys & Girls Club During Their Youth Football League On The North Three Fields Of The Football/Soccer Complex In Lake Wichita Park September 11, 2004, Through November 13, 2004. (City Council Bill #203) 10. Resolutions: a. Resolution Authorizing The Cities Aggregation Power Project, Inc., ("CAPP") To Negotiate An Agreement For Deliveries Of Electricity Effective January 1, 2005; Committing To Budget For Energy Purchases In 2005 And to Purchase Power In 2005 through CAPP. (City Council Bill #204) b. Resolution Authorizing The Execution Of A Memorandum Of Agreement Between The City Of Wichita Falls And The North Central Texas Medical Foundation For The Provision Of Medical Services To The Wichita Falls-Wichita County Public Health District. (City Council Bill #205) City Council Agenda Tuesday, September 7, 2004 Page 4 c. A Resolution Approving The Fiscal Year 2004-2005 Budget For The Wichita Falls Economic Development Corporation. (City Council Bill #206) d. Resolution Amending The Contracts With The Tennis Center Professionals At The Hamilton And Weeks Parks Tennis Centers. (City Council Bill #207) e. Resolution To Award Bid And Contract For The Information Services Fiber Optic Cable Project (CWF04-4B-25). (City Council Bill #208) f. Resolution Authorizing Award Of Proposal For An Option 11 C Telephone System For The Wichita Falls Municipal Public Safety Training Center To SBC. (City Council Bill #209) g. Resolution Authorizing Award Of Bid For The Purchase Of A Front End Loader With Hydraulic Hammer To Case Equipment Company. (City Council Bill #210) 11 . Award Of Proposal: a. Award Of Proposal For The City's Insurance Program. 12. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Faith Village - Stormwater Drainage Project Update 13. Executive Session: a. Deliberate The Evaluation Of The City Council Appointed Officials As Authorized By Section 551 .074 Of The Texas Government Code. b. Briefing By City Attorney Regarding Status Of And Possible Settlement Of Pending Litigation, No. 158,708-B, Cheryl Karkheck v. The City of Wichita Falls and Alfred Goodwin, As Authorized By Section 551 .071 Of The Texas Government Code. END OF TELEVISED SEGMENT City Council Agenda Tuesday, September 7, 2004 Page 5 14. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. 15. 2004 — 2005 Budget Discussion 16. 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