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Min 09/21/2004 437 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 21, 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 - Ray Gonzalez - Charles Elmore - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres-Ozuna - City Clerk Michael Norrie - Absent Mayor called the meeting to order. Item 2 Associate Pastor Darryl Brown, Colonial Baptist Church, gave the invocation. Item 3 There were no presentations. Item 4 The Minutes were approved as distributed. Item 5 City Manager gave a briefing on the items listed under the Consent Agenda, Councilor Elmore asked that Item 5a be moved to the Regular Agenda. Moved by Councilor Ammons that the Consent Agenda be approved with the exception of Item 5a. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None 438 Item 6a Minutes of the following board and commission meetings were received. a. Landmark Commission —April 29, 2004 Item 5a RESOLUTION NO. 128-2004 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HABITAT FOR HUMANITY OF WICHITA FALLS, INC. ACTING AS AN ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM; 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. 128-2004 be passed. Motion seconded by Councilor Williams. Councilor Elmore commented that of the 15% of the amount that is given to us there is an extra half million or so, and he asked if this was also spent in this particular area or if there was a specific location where it goes. Mr. Dave Clark replied that 15% of the HOME Program must be provided to a housing community organization or it basically goes back to the federal government unused. In this case the Habitat for Humanity has for several years been our CHDO for this purpose. To date they have built twenty houses and in this upcoming year they plan to build ten more. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Mayor informed that Councilor Norrie was out of town. Once or twice a year his employer has a mandatory meeting out of state that he has to attend. Item 7a A public hearing was held for the FY 2004-2005 Transit Grant for Capital Planning and Operating Assistance for the Wichita Falls Transit System. Mayor declared the public hearing open. Mr. Darron Leiker informed that this is one of two public hearings that are required before we submit our 2004-2005 federal and state transit grants. Council has been given an attachment on how we propose to spend those dollars. Mayor pointed out that some of this funding is contingent on the Federal Highway Transportation bill. The prior bill was extended a couple of times and the new bill has not been passed. This could be affected once that bill, which has different versions in the House and Senate, is ultimately passed. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7b A public hearing was held on proposed amendments to the City of Wichita Falls Public Housing Assistance (PHA) and Administrative Plan. Mayor declared the public hearing open. 439 Item 7b continued Mr. Matt Benoit informed that the Department of Housing and Urban Development has notified us that the budget for subsidizing housing for the Section 8 program will be cut by $383,000. With that I propose a number of changes to the current Plan to make ends meet. This is happening throughout the nation, not just locally. The following are the proposed changes: 1. Minimum rent of$50.00; 2. Waiting list working preference; 3. Bedroom allocations - split children of opposite gender at school age to age seven instead of age four. 4. Portability—allows people who come on to the program after one year to "port out" to another community. They stay on Wichita Falls' tab and they still receive their subsidy from Wichita Falls. We propose that their payment standards in the community they propose to go to should be equal to Wichita Falls or less. 5. Repayment agreements— Limit to one repayment agreement; the grievance policy would allow consideration for another. These changes are not before you for immediate approval today. I will bring you specific resolutions on October 5 for final consideration on these changes. We had a meeting with program participants, with approximately 200 attending, to review these changes and answer questions. We will do this again on Friday, catered specifically towards Section 8 landowners who are involved in the Program, but everyone is invited to attend. Mayor clarified that this is and always has been a federally funded program and it has never been funded locally. All the City does is administer the program subject to federal funding levels and subject to federal guidelines that we have to work within. We have been notified that there will be a funding cut so it is incumbent upon us to find ways to make the cuts to fit within the federal budget. If we do not make some appropriate cuts the affect could be, if there is a short fall, that the citizens of Wichita Falls will have to pay that difference. We need to change along with the federal rules or the citizens will end up having to pay the bill of a federally funded program that has always been a federally funded program. Mr. Benoit concurred. Councilor Williams asked Mr. Benoit to go over the limitations or restrictions that could possibly be placed on those who use portability and take their vouchers to another city. Mr. Benoit informed that he suggests to anyone who plans to move to get on that community's waiting list. Aside from that we have what we call payment standards, which is a maximum amount of rent that we will pay for each bedroom size unit. He explained the process. He commented that a lot of the people that "port out" are going to the Metroplex area. Councilor Williams stated that the budget cut would be retroactive to January. Councilor Elmore asked if they could "port out" indefinitely and remain on the program. Mr. Benoit replied that there was no limit. Councilor Elmore asked if there was a way to handle that. Mr. Benoit replied that he did not think so but they would look into that. The federal government would place limitations on us if there were a limitation. Councilor Williams stated she had attended the meeting and it was refreshing that the tenants were so agreeable and they were glad they had time to find out what they needed to do. Mayor stated that one of the dangers of undertaking federal programs is that for many years we administer an exclusively federal program and all of a sudden they cut their budget and they tell us they are going to retroactively cut it six months; so if you spent money on the old federal guidelines your taxpayers are going to have to make up the difference. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7c A public hearing was held regarding authorizing a franchise renewal for Taxicab service to All American Cab Company. Mayor declared the public hearing open. City Clerk informed that the City had received an application from Claudio Ramirez, Sr. to renew his franchise license for All American Cab. According to the Code, vehicle for hire franchise license must be renewed every five years and a public hearing must be held. 440 Item 7c continued Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7d ORDINANCE NO. 72-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AUTHORIZING A FRANCHISE RENEWAL FOR TAXICAB SERVICE TO ALL AMERICAN CAB COMPANY; 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. 72-2004 be passed with the phrase six months inserted. Motion seconded by Councilor Esther. City Clerk informed that there have been several complaints on the way Mr. Ramirez does business. In addition, the City Clerk expressed concern with the fact that although Mr. Ramirez has been notified several times he remains non-compliant in several areas. He is not in compliance with the Code in providing current lists of cab drivers and vehicles that are in service on the streets of Wichita Falls. He does not maintain the City Clerk updated on what vehicles he has removed from service and does not provide updated lists of his drivers as required by the Code. Mayor commented that because of an issue that arose at the last Council meeting I asked the City Attorney for an opinion regarding the confidential nature of the financial statements. City attorney stated that since it is financial information we make some attempt to provide that information to Council under separate cover but if you look at the ordinance regarding the franchise it specifically requires the applicant to furnish the City a financial statement. In my opinion that document, which is required by ordinance to be furnished, is a public record and it becomes subject to the Public Information Act. There are a couple of exclusions and the standards to meet those exclusions are very difficult to meet. In addition, the Council has a need to look at that information, evaluate that information, and to discuss that information as part of the application process. For that reason, it is my belief that it is appropriate for the Council to discuss this in an open meeting. In essence it is almost impossible for that information to remain confidential. Mayor pointed out that we are not treating them any different from the way we treat other organizations, in that they are required to furnish financial information, which we likewise look at and discuss. City Attorney stated that Staff and Council try to be sensitive to the financial nature of that information but the law requires that the financial information issue be discussed in public, and in my opinion it is a public information document. Mr. Claudio Ramirez, Sr., owner of All American Cab Company, 2015 Elizabeth, stated if there is anything that they missed he would like to know. Mayor pointed out that, as the City Clerk had stated, he has not been complying with some of the requirements of the ordinance and that is one of the reasons the Council is renewing the franchise for six months to make sure you adjust your procedures and methods to make sure that your are complying regularly. Mr. Ramirez said he understood that, it is just that we missed some things; it is good that they let us know where we are failing so we can correct it. Mayor told Mr. Ramirez that the problem is that when he makes changes the responsibility is his to report those changes; it is not the City Clerk's responsibility because changes could occur everyday. There are specific requirements in the ordinance that apply to you and your competitor so you have to comply with those. We want to make sure that you adjust your procedures so that you are regularly reporting these and it is not acceptable for you to have cabs operating that do not meet the mechanical requirements. We are concerned not only for your safety, the safety of your drivers but the safety of the citizens and the image it creates in this community. I want to urge you to look hard at your procedures over the next six months that you are complying with the requirements. If you have any questions the City Clerk will answer those for you. Councilor Elmore asked if Mr. Ramirez had a current up to date list on file and the City Clerk replied that he did not. Mayor asked Mr. Ramirez why he was not current knowing that this 441 Item 7d continued franchise was going to be considered for renewal. Mr. Ramirez replied that he was not aware that it was not up to date. Mayor asked the City Clerk to write Mr. Ramirez a letter listing what he is required to report. Mayor told Mr. Ramirez that if this ordinance passes today, in six months we are going to be looking hard to make sure you are complying. We want to keep you in business but we want to keep the image of the community good and the safety of our citizens. Mr. Ramirez said he understood. Councilor Williams expressed concern by what Mr. Ramirez said he does not know. She asked him if he was personally involved in the day-to-day operation of his company. Mr. Ramirez replied that he was. Mr. Jose Ramirez, Sr., Manager All American Cab Company, complained about the competitor having dented doors and they have not been called in to get repairs. We are asked to have our cabs repaired but our competitor is not. Mayor informed him that the Staff attempts to apply the ordinance fairly when things come to their attention. Report any concerns in writing to the City Clerk. City Clerk provided information on the random inspection procedure, noting that both cab companies are being randomly inspected. Councilor Elmore stated that he was reluctant to pass this ordinance since Mr. Ramirez did not have current information on file in the City Clerk's Office. Councilor Williams asked what was lacking for them to be current. City Clerk replied that they do not have a current list of drivers or a current list of vehicles operating in Wichita Falls. Mayor directed Mr. Ramirez to file with the City Clerk all necessary, current information within two weeks, by Friday, October 1, 2004, or he would place a proposal to reconsider this ordinance on the next Council agenda and this ordinance could be withdrawn. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 7e A proposed ordinance was presented authorizing the transfer of All American Cab Company franchise to Davilla Transportation, Inc. dba All American Transportation All American Cab. Moved by Councilor Ammons that proposed ordinance be passed. Motion seconded by Councilor Williams. City Clerk informed that the City had received a request from Mr. Claudio Ramirez to transfer All American Cab Company franchise to Davilla Transportation, Inc. dba All American Transportation All American Cab, Mr. Ramirez had assured that nothing would change only the name. Mayor expressed a concern that the corporation name filed with the Secretary of State is Davilla Transportation, Inc. however the assumed name certificate reflects Davilla, Inc. and the logos and cabs have Davilla, Inc. The purpose of the assumed name certificate and cab logo is to give the public notice of the correct operating entity. If we had a contract dispute and somebody went by the assumed name certificate they would be making a claim against the wrong organization which could under some circumstances be fatal. City Attorney stated that this item could be tabled and Mr. Ramirez could file a new assumed name certificate, which reflects Davilla Transportation Inc. so that name matches up with the name that he wishes the franchise to be held in and which is the name that he is incorporated under. Mayor also pointed out that he has requested in his letter to transfer to a corporation that 442 Item 7e continued does not exist because he is using the wrong name. He needs to use Davilla Transportation, Inc. if that is his corporate name. At this time the Mayor asked Councilor Ammons and Councilor Williams if their intent in making the motion and seconding the motion was for it to be six months. Both Councilors replied in the affirmative. Moved by Councilor Williams to table proposed ordinance and that Mr. Ramirez correct these items and that it be brought back for Council consideration. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 7f A public hearing was held on the 2004-2005 Preliminary Budget. Mayor declared the public hearing open. City Manager informed that the budget has been through its normal process and at this time we are ready to consider the adoption later in the agenda and this public hearing is required to get us to that point. Mayor called for public comments. There being none, Mayor declared the public hearing closed. Item 7q and Item 7h City Manager suggested that Items 7g and 7h be put off until after the executive session. There are some matters that might be considered that may work their way into the budget. Item 7i ORDINANCE NO. 75-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 106-126 OF THE CODE OF ORDINANCES TO ADJUST TREATED WATER RATES FOR RETAIL CUSTOMERS; 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. 75-2004 be passed. Motion seconded by Councilor Esther. Councilor Elmore informed that his district has indicated that they want to see a larger Curve. Councilor Gonzalez expressed concern that the citizens were not being provided enough information to clearly understand what the City is doing. Mr. Scott Taylor informed as to what had been done to inform the citizens. He said they would try to do a better job of advertising the new reverse osmosis plant that should be completed next year and the reasons behind the project. Councilor Gonzalez felt that we needed to better inform our citizens in order to alleviate any concerns they may have about what is going on, instead of taking for granted that they know. Several Councilors made suggestions as to how this could be accomplished. 443 Item 7i continued City Manager will discuss this with Staff to keep it at the forefront and he will get back with Council. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, and Elmore Nays: Councilor Gonzalez City Council recessed at 10:21 a.m. and reconvened at 10:50 a.m. Item 7j ORDINANCE NO. 76-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AMEND SECTION 106-251(D) AND 106-251(H) OF THE CODE OF ORDINANCES TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS; 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. 76-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, and Elmore Nays: Councilors Ammons and Gonzalez Item 7k ORDINANCE NO. 77-2004 ORDINANCE AMENDING SECTION 106-127 OF THE CODE OF ORDINANCES APPROVING WHOLESALE WATER RATES FOR CONTRACT WATER CUSTOMERS; 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. 77-2004 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 71 ORDINANCE NO. 78-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 70-33 OF THE CODE OF ORDINANCES, INCREASING THE NUMBER OF CLASSIFIED PERSONNEL IN THE POLICE DEPARTMENT; 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. 78-2004 be passed. 444 Item 71 continued Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 7m ORDINANCE NO. 79-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAPPOINTING DIANE DOCKERY AND MIKE WHALEN AS SUBSTITUTE JUDGES OF THE MUNICIPAL COURT FOR TERMS OF TWO 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. 79-2004 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 7n ORDINANCE NO. 80-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REMOVING THE STRUCTURE AT 925 LAMAR STREET AS A WICHITA FALLS LANDMARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 80-2004 be passed. Motion seconded by Councilor Williams. Councilor Ammons stated that she had a conflict of interest and would not be discussing or voting on this item. Ayes: Mayor Altman, Councilors Williams, Esther, Gonzalez, and Elmore Nays: None Abstention: Councilor Ammons Item 7o ORDINANCE NO. 81-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 14 ARTICLE IB. DIVISION SECTION 14-236 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 Williams that Version A of Ordinance No. 81-2004 be passed. Motion seconded by Councilor Gonzalez. 445 Item 7o continued Mayor suggested, in attempting to bridge the gap between the two versions, that Version B be amended by striking "school yards or parks" and inserting the word "property" to reflect "not on public property". He commented that this would include streets but it keeps it off private property. He stated that this was the closest he could come up with to get a compromise. None of the versions would satisfy either viewpoint. The City Attorney and Assistant City Attorney Kinley Hegglund addressed information on the prosecution aspect. Kathy Sultemeier, Veterinarian and Health Board member, pointed out that their issue was placing less limitation on the cats in Wichita Falls. We should deal with the cats that are being the problem not the entire cat population. Mayor suggested a halfway compromise that would include streets but keeps it off private property. It is kind of what Dr. Sultemeier wants to do as well as keeping it off private property, which is what is in Staff's version. He suggested that the Health Department staff keep accurate statistics for six months to see how this is working. Dr. Sultemeier stated that that was a compromise that could be worked with. Joe Worster, 2201 Avondale, Veterinarian, stated he had no problem with the Mayor's compromise. He hopes that all decisions are made on good evidence and thoughtful process. Councilor Williams accepted, in lieu of her original motion, Version B with the word "property" in place of the phrase "school yards or parks" on line three. That sentence would then read "The prohibition against an animal running at large shall not apply to an owned, licensed and neutered cat that is on private property with the property owner's consent and not on public property." Councilor Gonzalez accepted, in lieu of his original second, the amended Version B. Modified motion to accept Version B as restated carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 7p ORDINANCE NO. 82-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY FOR THE SETTLEMENT OF PENDING LITIGATION STYLED CHERYL KARKHECKV. CITY OF WICHITA FALLS AND ALFRED GOODWIN, CAUSE NO. 158,708-B; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Gonzalez that Ordinance No. 82-2004 be passed. Motion seconded by Councilor Williams. City Attorney informed that they be allowed to settle this case for the amount of$130,000. Councilor Gonzalez and Councilor Williams accepted the amount of$130,000 being inserted in the blanks as a settlement amount. Motion as modified carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None 446 Item 8a RESOLUTION NO. 129-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN APPLICATION TO THE WICHITA FALLS AREA COMMUNITY FOUNDATION FOR A TWENTY PASSENGER BUS FOR SENIOR ACTIVITIES OF THE FIFTY PLUS ZONE.; 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. 129-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Mayor stepped out of Council Chambers. Mayor Pro Tern Williams presided at this point. Item 8b RESOLUTION NO. 130-2004 RESOLUTION TO AWARD BID AND CONTRACT FOR THE 2004 WATER BUDGET UTILITIES IMPROVEMENT PROJECT (CWF04-550- 12); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTUION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 130-2004 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8c RESOLUTION NO. 131-2004 RESOLUTION TO AWARD BID AND CONTRACT FOR THE UPPER WET WELL REHABILITATION PROJECT (CWF04-550-17); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTUION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No.131-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Mayor returned to Council Chambers. 447 Item 8d RESOLUTION NO. 132-2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACKNOWLEDGING AND EXPRESSING APPRECIATION TO SENATOR KAY BAILEY HUTCHISON AND HER STAFF FOR HER ASSISTANCE IN OBTAINING ECONOMIC DEVELOPMENT INITIATIVE FUNDS FOR THE RENOVATION OF THE HOLT HOTEL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 132-2004 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8e RESOLUTION NO. 133-2004 RESOLUTION TO AWARD BID AND CONTRACT FOR THE 2004 ALLEY REHABILITATION PROJECT (CWF04-530-15); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTUION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No.133-2004 be passed. Motion seconded by Councilor Ammons. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8f RESOLUTION NO. 134-2004 RESOLUTION TO AWARD BID AND CONTRACT FOR THE 2004 STREET REHABILITATION PROJECT (CWF04-100-18); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTUION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No.134-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None 448 Item 8 RESOLUTION NO. 135-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE 2004 PUMP REPLACEMENT PROJECT (CWF04-550-16); 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. 135-2004 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8h Upon City Manager's request this item was deferred until after the Executive Session. Item 9a Councilor Elmore asked that Council look at the possibility of changing the public comment section to the beginning of the meeting instead of at the end. Councilor Elmore mentioned that CLEAT had indicated that they were willing to do an in- depth study of the City's Administration and he expressed appreciation to them. Councilor Williams mentioned a problem that when school property grass is cut they are blowing the debris into the street, and she asked that Staff look into this problem. Councilor Williams asked that staff look into a complaint about a beehive in a water meter and one in a tree on Woods Street. Councilor Ammons mentioned that people are parking on a City easement located at the corner of Elmwood and Bryan Glen, and asked if there were any provisions to post signs. Staff will look into that. Mayor stated that either he or the City Manager could contact Dr. Orr about the grass clippings being blown out into the street. Mayor informed that the Grand Slam Tennis Tournament will be kept in Wichita Falls for 2005 but we need to re-double our efforts next summer to make this a great experience. It is going to be voted on again next year and Texas A&M is not going to give up trying to get it in their city. We need to work hard to keep it here. Mayor thanked the City Manager for having the foresight to improve the tennis courts by putting money in his budget to make necessary improvements. Councilor Williams informed that mentioned Habitat for Humanity's Women Build Project and encouraged that citizens volunteer their services in whatever area. Item 9b City Manager referred to the tennis courts and thanked Mr. Jack Murphy for the program and proposals that he submitted in his budget in order to make the necessary improvements. Item 10a-10b City Council went into Executive Session at 1:09 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 2:30 p.m. 449 Item 10a-10b continued Mayor announced that no votes were taken in Executive Session. Item 7q ORDINANCE NO. 73-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005, AND APPROVING REVISIONS TO THE 2003-04 BUDGET; DECLARING AN EMERGENCY; 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.73-2004 be passed. Motion seconded by Councilor Ammons. Mayor stated that in the budget discussion hearings we looked at some proposed changes, which Mr. Dockery has set out in our agenda booklets. In that booklet there is a sum designated as "Reserve For Council Appointee Raises", which is a sum ($11,855) that we had left in there for any contingencies. Mayor recommended that the salaries of the Council employees be set at the following figures. Jim Berzina - $148,851.74 Bill Sullivan - $108,569.52 Lydia Torres-Ozuna - $51,596.41 Larry Gillen - $72,684.39 That represents a 1'/s% increase for each employee; these employees do not get the step increase that many of the other City employees receive. The total of those would be $5,640.92 subtracting that from the $11,855 would leave $6,214.08, which I would leave in the budget for a planning effort for the upcoming year. Councilor Ammons moved to amend the budget proposal as noted first above. Motion seconded by Councilor Williams. Proposed amendment carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None It was noted that the bottom line of the budget had not changed today. Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 7h ORDINANCE NO. 74-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, LEVYING, ASSESSING, AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE WICHITA FALLS MUNICIPAL GOVERNMENT AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE 2004-05 FISCAL YEAR; DECLARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 450 Item 7h continued Moved by Councilor Williams that Ordinance No.74-2004 be passed. Motion seconded by Councilor Esther. Mayor noted that this was the same tax rate as in the past three years. We have not adjusted the property tax rate. Councilor Williams stated that in the coming years Council is going to have to address the issue of real raises for City employees. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8h RESOLUTION NO. 136-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONFIRMING THE APPOINTMENT OF A POLICE CHIEF FOR THECITY OF WICHITA FALLS; 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. 136-2004 be passed. Motion seconded by Councilor Williams. City Manager provided information on the selection process used in this appointment. He announced that he has appointed Acting Chief Dennis Bachman as the Chief of Police. Moved by Councilor Elmore to amend the proposed resolution by inserting the name of Dennis Bachman in the blanks. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Councilor Williams stated that she would do everything to make his term successful because when you are successful we are successful. You have my pledge for cooperation. Acting Chief Bachman stated that he would not have been in Mr. Berzina's place because he had a very tough choice. The City has some very good people at the Police Department and I feel confident that when I am not in town that the other men and women can run the Department and citizens should feel very secure that we have that kind of Department. We are real proud of our officers and civilians that work over there. I want to thank all of you for giving me this opportunity to improve the Police Department. Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Mayor and Council congratulated Chief Bachman. This ends the televised segment. 451 Item 11 Randal Kelton, P.O. Box 1, Boyd, Texas, stated that he was not as well prepared as he thought and he preferred to wait until next Council meeting to express his comments. City Council adjourned at 2:55 p.m. PASSED AND APPROVED this _day of , 2004. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres-Ozuna City Clerk 1 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, September 21, 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: 4. Approval of Minutes. CONSENT AGENDA 5. a. A Resolution Authorizing The City Manager To Execute A Contract With Habitat For Humanity Of Wichita Falls, Inc. Acting As An Eligible Community Housing Development Organization (CHDO) Under The HOME Investment Partnership Program. (City Council Bill #211) 6. Receive Minutes: a. Landmark Commission — April 29, 2004 REGULAR AGENDA 7. Public Hearings/Ordinances: a. A Public Hearing For The FY 2004-2005 Transit Grant For Capital, Planning And Operating Assistance For The Wichita Falls Transit System. City Council Agenda Tuesday, September 21, 2004 Page 2 b. Public Hearing On Proposed Amendments To The City Of Wichita Falls Public Housing Assistance (PHA) And Administrative Plans. c. A Public Hearing Regarding Authorizing A Franchise Renewal For Taxicab Service To All American Cab Company. d. An Ordinance Authorizing A Franchise Renewal For All American Cab Company. (City Council Bill #212) e. An Ordinance Authorizing Transfer Of All American Cab Company Franchise To Davilla Transportation, Inc. (City Council Bill #213) f. A Public Hearing On The 2004-2005 Preliminary Budget. g. Ordinance Adopting The Annual Budget For The Fiscal Year Beginning October 1, 2004 And Ending September 30, 2005, And Approving Revisions To The 2003-04 Budget. (City Council Bill #214) h. Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And Support Of The Wichita Falls Municipal Government And Providing For The Interest And Sinking Fund For The 2004-05 Fiscal Year. (City Council Bill #215) i. Ordinance To Amend Section 106-126 Of The Code Of Ordinances To Adjust Water Rates For Retail Customers. (City Council Bill #216) j. Ordinance To Amend Section 106-251(d) And 106-251(h) Of The Code Of Ordinances To Adjust Sewer Rates For Retail Customers. (City Council Bill #217) k. Ordinance To Amend Section 106-127 Of The Code Of Ordinances Approving Wholesale Water Rates For Contract Water Customers. (City Council Bill #218) I. Ordinance Amending Section 70-33 Of The Code Of Ordinances, Increasing The Number Of Classified Personnel In The Police Department. (City Council Bill #219) m. Ordinance Reappointing Substitute Judges Of The Municipal Court For A Term Of Two Years. (City Council Bill #220) n. Ordinance Removing The Marchman Building, Located At 925 Lamar Street From The City Of Wichita Falls Landmark Designation. (City Council Bill #221) o. Ordinance Amending Chapter 14, Animals, Article IV, Animal Control, Division 1, Generally, Section 14-236 Running At City Council Agenda Tuesday, September 21, 2004 Page 3 Large, Of The Wichita Falls Code Of Ordinances. (City Council Bill #222) p. Ordinance Make An Appropriation From General Fund Equity For Settlement Of Cause No. 158,708-B, Cheryl Karkheck v. City Of Wichita Falls And Alfred Goodwin. (City Council Bill #231) 8. Resolutions: a. Resolution Authorizing An Application To The Wichita Falls Area Community Foundation For A Twenty Passenger Bus For Activities Of The Fifty Plus Zone. (City Council Bill #223) b. Resolution To Award Bid And Contract For The 2004 Water Budget Utilities Improvement Project (CWF04-550-12). (City Council Bill #224) c. Resolution To Award Bid And Contract For The Upper Wet Well Rehabilitation Project (CWF04-550-17). (City Council Bill #225) d. A Resolution Acknowledging And Expressing Appreciation To Senator Kay Bailey Hutchison For Her Assistance In Obtaining Economic Development Initiative Funds For The Renovation Of The Holt Hotel. (City Council Bill #226) e. Resolution To Award Bid And Contract For The 2004 Alley Rehabilitation Project. (CWF04-530-15). (City Council Bill #227) f. Resolution To Award Bid And Contract For The 2004 Street Rehabilitation Project. (CWF04-100-18). (City Council Bill #228) g. Resolution To Award Bid And Contract For The 2004 Pump Replacement Project (CWF04-550-16). (City Council Bill #229) h. Resolution Confirming The Appointment Of A Police Chief For The City Of Wichita Falls. (City Council Bill #230) 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 10. Executive Session: City Council Agenda Tuesday, September 21, 2004 Page 4 a. Deliberate The Evaluation Of The City Council Appointed Officials As Authorized By Section 551 .074 Of The Texas Government Code. b. Consider The Confirmation Of The Appointment Of A Police Chief For The City Of Wichita Falls "As authorized By Section 551 .074 Of The Texas Government Code." END OF TELEVISED SEGMENT 11 . Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. 12. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies 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