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Min 10/05/2004 452 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building October 5, 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 - Darron Leiker - Assistant City Manager Mark Price - Assistant City Attorney Lydia Torres-Ozuna - City Clerk Mayor called the meeting to order. Item 2 Pastor Ernie Barr, Faith Lutheran Church, gave the invocation. Item 3 Mr. Luis Martinez, Irrigation Specialist, Parks Maintenance, Parks Department, was recognized as employee of the month for October 2004. Mayor presented Mr. Martinez with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Mayor proclaimed the month of October 2004 as Domestic Violence Awareness Month in Wichita Falls, and he encouraged citizens to recognize the compassion and dedication of the professionals and volunteers who strive to bring positive changes to the lives of domestic violence victims and their dependents. Mrs. Dorothy Roberts-Burns, First Step, Inc. Chair, and Ms. Sandy Boswell, First Step, Inc. Outreach Supervisor, accepted the proclamation. Mayor proclaimed October 5, 2004 as Chris Adams Day in Wichita Falls, and urged all citizens to congratulate Chris Adams, his family and scout leaders for their dedication to the goals of scouting. After years of commitment, diligent effort and living by the principles of the Scout Oath and Law, Chris Adams has achieved the honored rank of Eagle Scout at the age of seventeen. His Eagle Scout Project, which he completed, was to repair and refurbish the East Lawn Cemetery and road leading to the cemetery to honor the veterans buried there. Chris Adams accepted the proclamation, and his parents, Teresa and David Adams, were also present. Chris Adams expressed appreciation to his parents, his Scout Master Donnie Smith and his fellow scouts. He thanked the Council for the proclamation. Item 4 The Minutes were approved as distributed. 453 Items 5a-5b Assistant City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. 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 5a RESOLUTION NO. 137-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE WEEKS TENNIS PARKING LOT PROJECT (CWF04- HCR-02) AND AUTHORIZING FINAL PAYMENT TO ZACK BURKETT CO.; 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. 138-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a ORDINANCE NO. 83-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE TRANSFER OF ALL AMERICAN CAB COMPANY FRANCHISE TO DAVILLA TRANSPORTATION, INC., DBA ALL AMERICAN TRANSPORTATION ALL AMERICAN CAB; 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. 83-2004 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 7a RESOLUTION NO. 139-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF FITNESS EQUIPMENT FROM LIFEFITNESS IN THE AMOUNT OF $39,794.00. 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. 139-2004 be passed. 454 Item 7a continued 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 7b RESOLUTION NO. 140-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING CERTAIN CHANGES TO THE 2004-2005 PUBLIC HOUSING AGENCY PLAN FOR THE CITY'S HOUSING CHOICE VOUCHER 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 Williams that Resolution No. 140-2004 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 7c RESOLUTION NO. 141-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING CERTAIN CHANGES TO THE 2004-2005 ADMINISTRATIVE PLAN FOR THE CITY'S HOUSING CHOICE VOUCHER 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 Williams that Resolution No. 141-2004 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 7d RESOLUTION NO. 142-2004 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM INDUSTRY; 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. 142-2004 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 455 Item 7e RESOLUTION NO. 143-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE REHABILITATION OF PROPERTY LOCATED AT 1009 ROOSEVELT TO GIBBS CONSTRUCTION IN THE AMOUNT OF $36,820.00;.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. 143-2004 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 7f RESOLUTION NO. 144 -2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE REHABILITATION OF PROPERTY LOCATED AT 907 ROOSEVELT TO GIBBS CONSTRUCTION IN THE AMOUNT OF $39,200.00; 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. 144-2004 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 7g RESOLUTION NO. 145-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT TO ELECTRA CONSTRUCTION IN THE AMOUNT OF $195,434.76 FOR THE MUNICIPAL PUBLIC SAFETY TRAINING CENTER; 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. 145-2004 be passed. Motion seconded by Councilor Esther. Staff will report on the current and future utilization of this facility, as well as prepare a walk- through video for those who are unable to visit the facility. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 456 Item 7h RESOLUTION NO. 146-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF OFFICE AND TRAINING FURNITURE FOR THE WICHITA FALLS MUNICIPAL PUBLIC SAFETY TRAINING CENTER FROM KRUGER INTERNATIONAL, INC., THROUGH THE GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY CONTRACT IN THE AMOUNT OF $92,106.00; 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. 146-2004 be passed. Motion seconded by Councilor Norrie. Mayor informed that the 4B Sales Tax Corporation funded this project from the building to the furnishings. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8a Councilor Esther mentioned the negligence of lawn contractors, as well as citizens, who blow grass clippings into the street, and asked staff to see what could be done about that. Councilor Esther mentioned a lighting issue on Loma Linda and asked for the status of that. Mr. Darron Leiker will check into the status and report back. Councilor Esther thanked the Staff for continuing to do an excellent job in the midst of controversy and confusion. It could not be done if it was not for your professionalism. Thank you for holding the course and helping us do what we need to do. Councilor Elmore concurred with Councilor Esther's sentiments regarding the Staff. Councilor Williams reminded Staff that they were hired to do a job for the City and they have done well. You did not hire on to take on the obligations that those of us who decide to do these jobs for free took on. Public officials have to pretty well take anything that is dished out at us. We have to develop thick skins and take it. I, personally, don't have to take being called a liar, a crook, and an unethical, or at least not take it lying down. I am here to say today that I don't do anything on behalf of the City or for myself that is illegal, unethical and immoral. I don't know that I will have another chance to do this because this might be political suicide today, but if you have to go you have to go. I do not personally like people who take advantage of the fact that we are public servants and use this opportunity to malign us, slander us and to do it with impunity and almost with some sort of glee from the very people who could do something about it by checking to make sure that a lot of these accusations at least had a basis and fact. I have not done any wrong and have no plans to do any wrong. I have plans to stay here until May when my term is up but I had mentioned at a prior time that I would not ever complain about being called a lot of names as a public official but I would always let you know whenever I had been accused of any wrong doing whether or not I had done it. I have no problems with saying if I had done something wrong, but I have not done anything wrong and have no intentions of doing anything wrong and I resent any insinuations. Especially what I find painfully troubling is the fact that Councilor Gonzalez and Councilor Elmore have recently come on the Council and they have been subjected to some pretty serious accusations that they do not deserve, but they know they are public officials and have to take a lot. I do want to thank those City employees who are taking some pretty serious things being said about them and doing it with grace. This too shall pass. I hope that all lead-in news at six and headlines that have accused our people of wrongdoing will be just as large and just as big and just as often when they are cleared of any wrongdoing. I will be the first one to ask anybody who has 457 Item 8a continued done any deliberate wrongdoing to turn in his or her keys and identification, and leave the building. I don't think that is going to happen but I think right now if we ask our employees to be faithful, to be competent, and loyal to the City of Wichita Falls, the City of Wichita Falls should say something on their behalf and I am doing it today. Councilor Norrie thanked Councilor Williams for her comments. He commented that there are a number of accusations that are being brought forth. Some may be valid some might not be. The "pile-on affect" is to throw out as much information, half-truths, partial information, and lies. The "pile-on information" or tactics I have seen, if anything, takes away from the credibility of anything that is valid out there, the credibility of associations, organizations or groups of people doing things. We are judged by our morals, our ethics, and our credibility and by how we react when things are not going the way we want to, and it is hard to do the right thing when people are doing bad things to get to you. That is what defines us as individuals and it is very difficult to do so when people are throwing anything they can to go against you because they have a personal interest; it might be against Berzina, it might be against Jan, it might be against the Mayor. People have different motivations for going after people, it could be an experience they had ten, fifteen years ago. It disappoints me to see anonymous phone calls and half-truths. He mentioned an anonymous letter they had received at his home. I am disappointed with a lot of people's actions. I have three sons under the age of nine and when I came on the Council the litmus test I put any decision through was 1.) Is it morally and ethically correct? and 2.) If my kids and my wife knew all the information would they be proud of the decision I made? Would I have a reputation of somebody that did what a special interest group did or was it what was in the best interest of the City? That is what impresses me and what will impress my children; if I can leave that kind of legacy to them that I did what I thought was correct, not because there was a mob of people with different interests in mind to disrupt either getting officers on the street, disrupt business, or disrupt city government. That has an effect on citizens of Wichita Falls for safety and efficiency reasons. I will not do anything by peer pressure or by extortionist type tactics of threats. Threats of recalls do not impress me, and if someone wants to recall me that will give me more time with my kids. If I were to give in to that type of activity that would show what a weak person I am. Councilor Gonzalez referred to Councilor Williams' comments regarding Councilor Elmore and himself, and stated that it does not bother him because he has seen a lot of things and has been in business for thirty-seven years and there is not much that he has not heard that people have called him. The only thing that concerns me is what it is doing to our City and the fact that it is taking time away from the Council to do what we were elected to do. Councilor Gonzales thanked the staff for their prompt response on several concerns from his constituents. Councilor Ammons mentioned a letter from a lady on Stamford Street regarding cars parking on the yard, and she asked staff to check into that. Mayor commented that the lady had asked about signs as well, and staff has taken care of the signs. He noted that staff had been notified about the cars and they are looking into that. Councilor Williams asked if the lights on Windthorst Road had been taken care of. Mr. Leiker said he thought they had but he will check and report back. Councilor Ammons mentioned the house on Monroe Street and related problems. She expressed concern that the history would not carry forward. Mr. Reuben Warren said that the Health Department is aware of the situation and they will continue to observe the property to ensure that compliances are achieved. City Council recessed at 10:00 a.m. and reconvened at 10:20 a.m. Item 8b Mr. Scott Taylor informed that the City has reached a Supplemental Environmental Program Agreement with TCEQ. In lieu of paying a fine, from now through the end of November, the City will take in vehicle or truck tires, split them and dispose of them at no cost. If there are locations where tires have been illegally dumped call 761-7977 and we will pick them up and dispose of them at no cost. Mayor announced that this ends the televised segment. 458 Item 9 Terry Huff, 3200 Hamilton, requested that the City Council allow an additional two weeks on the recall petition due to the City's deliberate or inadvertently misleading reports in the news media to the citizens concerning the requirement of 20% of the people who voted in the 2002 election needed to sign the petition and only those who voted in the 2002 election could sign the recall petition. We have asked the Texas Attorney General for an opinion on the constitutionality of the Charter that requires a person to sign an affidavit as to their vote in the last election. A request to the Attorney General with regard to the 2002 requirement when the Charter called for a mayoral election in 2004 and even though there was no ballot and no election Mayor Altman filed for an election and took an oath of office as an elected official. I would also request that the rules be suspended and that the requirement for a four-vote approval be lowered to a three-vote and the two council members involved in the recall be excused from participating in the discussion or voting of this request. Mayor asked Mr. Huff to direct his comments in writing to the City Attorney's Office because they will have to personally respond to that. Mayor briefly stated that we cannot suspend rules that are required under the Open Meetings Act and this Council does not have the power to amend the City Charter. City Council adjourned at 10:28 a.m. PASSED AND APPROVED this C� day of Ldj& , , 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, October 5, 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 Ernie Barr Faith Lutheran Church 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. a. Resolution To Accept The Weeks Tennis Parking Lot Project (CWF04-HCR-02) And Authorize Final Payment To Zack Burkett Co. (City Council Bill #232) b. Resolution Authorizing The City Manager To Execute A Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons. (City Council Bill #233) REGULAR AGENDA 6. Ordinance: a. An Ordinance Authorizing Transfer Of All American Cab Company Franchise To Davilla Transportation, Inc. (City Council Bill #234) City Council Agenda Tuesday, October 5, 2004 Page 2 7. Resolutions: a. Resolution Authorizing Award Of Bid For The Purchase Of Fitness Equipment For The Wichita Falls Municipal Public Safety Training Center. (City Council Bill #235) b. Resolution Adopting Certain Changes To The 2004-2005 Public Housing Agency Plan For The City's Housing Choice Voucher Program. (City Council Bill #236) c. A Resolution Adopting Certain Changes To The 2004-2005 Administrative Plan For The City's Housing Choice Voucher Program. (City Council Bill #237) d. Resolution Authorizing The City Manager To Execute Contracts With Several Community Service Organizations And Organizations That Promote The Convention And Tourism Industry. (City Council Bill #238) e. Resolution Authorizing Award Of Bids For The Rehabilitation Of Property Located At 1009 Roosevelt. (City Council Bill #239) f. Resolution Authorizing Award Of Bids For The Rehabilitation Of Property Located At 907 Roosevelt. (City Council Bill #240) g. A Resolution Authorizing The City Manager To Make Final Payment To Electra Construction In the Amount $195,434.76 For The Municipal Public Safety Training Center. (City Council Bill #241) h. Resolution Authorizing The Purchase Of Office And Training Furniture For The Wichita Falls Municipal Public Safety Training Center From Kruger International, Inc., Through The General Services Administration Federal Supply Contract. (City Council Bill #242) 8. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. END OF TELEVISED SEGMENT City Council Agenda Tuesday, October 5, 2004 Page 3 9. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. 10. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 20 at o'clock (a.m.)(p.m.). City Clerk