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Min 11/02/2004 468 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 2, 2004 Item 1 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present: Bill Altman - Mayor Arthur Bea Williams - Mayor Pro Tern Linda Ammons - Councilors James Esther, Jr. - Michael Norrie - Ray Gonzalez - Charles Elmore - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres-Ozuna - City Clerk Mayor called the meeting to order. Item 2 Pastor George Davis, New Harvest Church, gave the invocation. Item 3 Ms. Pamela Rogers, Systems Application Analyst, Information Systems, was recognized as employee of the month for November 2004. Mayor presented Ms. Rogers with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Item 4 The Minutes were approved as distributed. Items 5a-6a 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 Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 469 Item 5a RESOLUTION NO. 157-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a The minutes of the 4B Sales Tax Corporation of May 28, 2004 meeting were received. Mayor announced that the Council would recess when all items had been addressed, and would reconvene at noon to hear public comments. Item 7a ORDINANCE NO. 87-2004 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 HEALTH AND HUMAN SERVICES COMMISSION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING 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. 87-2004 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 7b City Manager requested that this item be removed from the agenda and placed on the next Council agenda. This item related to a proposed amendment to the Vehicles for Hire Section in the Code of Ordinances. Item 7c A proposed ordinance was presented closing, abandoning, and vacating an alley adjacent to proposed Lot 24-A (currently Lots 24-31), Block 7, Faith Village Unit 1. Moved by Councilor Ammons that proposed ordinance be passed. Motion seconded by Councilor Williams. After discussion of this item, several Council members requested additional information, clarification of the area involved, the names of the businesses, and the intent of the area owners from the owners themselves. Moved by Councilor Norrie to place this item on the table. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore 470 Item 7c continued Nays: Councilor Ammons Item 7d ORDINANCE NO.88-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED $40,000.00 FOR IMPROVEMENTS AT 904 BROAD STREET; 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. 88-2004 be passed. Motion seconded by Councilor Ammons. Cragg Eubanks, Project Developer, 100 Galveston, provided detailed information about this project. Mr. Eubanks noted that this diner would have a 180-person capacity; quality of food would be among the best, they would employ approximately 60 persons, and they plan to have it open 24 hours/day. Mr. Eubanks pointed out that this diner would be featured on national television. For the benefit of the public, Mayor explained the Tax Increment Financing program. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8a RESOLUTION NO. 158-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AMENDMENT TO THE 4B CORPORATION'S FISCAL YEAR 2004-2005 BUDGET IN THE AMOUNT OF $750,000 FOR THE RIVER BEND NATURE 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 Elmore that Resolution No. 158-2004 be passed. Motion seconded by Councilor Gonzalez. Randy Martin, 4409 Martinique, River Bend Board Member, provided detailed information on this project. Councilor Esther mentioned the need for a bridge to access Lucy Park. Mr. Martin will look into this. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None City Council recessed at 9:55 and reconvened at 10:20 a.m. 471 Item 8b RESOLUTION NO. 159-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE PURCHASE OF FIVE (5) BELT FILTER PRESSES (CWF04-544-22); 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.159-2004 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 8c RESOLUTION NO. 160-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 2 TO THE LAKE KEMP RAW WATER SUPPLY STSTEM PROJECT (CWF04-544-24) IN THE AMOUNT OF $26,794.76; 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.160-2004 be passed. Motion seconded by Councilor Esther. Councilor Norrie stepped out of Council Chambers Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8d RESOLUTION NO.161-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING CHANGE ORDER NO. 1 TO THE MEMBRANE FACILITY PROJECT (CWF03-544-16) IN THE AMOUNT OF $1,200,000.00 AND A LETTER OF AGREEMENT EXTENDING THE CONTRACT COMPLETION DATES FOR THE MEMBRANE FACILITY CONTRACT, YARD PIPING PHASE I CONTRACT, MEMBRANE CLARIFIER CONTRACT AND THE FLOW CONTROL VAULT, SLUDGE PUMP STATION NO. 3 AND BRINE PUMP STATION CONTRACT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Norrie returned to Council Chambers. Moved by Councilor Williams that Resolution No. 161-2004 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 472 Item 8e RESOLUTION NO. 162-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF FOUR (4) AUTOCAD 2005 SOFTWARE PACKAGES AND FIVE (5) AUTOCAD 2005 SUPPORT SUBSCRIPTIONS TO DLT SOLUTIONS, INC. IN THE AMOUNT OF $27,887.80; 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. 162-2004 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 9a Councilor Ammons asked about the status of the house on Monroe Street that was burned and abandoned. She thought the address was 1904 Monroe. Mr. Dave Clark will check into the status and report back. Councilor Ammons asked about the status of the project to improve the acoustics and sound system at MPEC. City Manager informed that there is some funding for this, however, upon George Casper's recommendation, the Board has decided to wait until June or July because there may be more money available for that project. The Mayor added that at one point Mr. Casper had considered doing the project in several phases, but it would be less costly to do the entire project at one time. Councilor Gonzalez encouraged everyone to get out and vote. Councilor Esther asked for an update on the flu shot vaccine. Mrs. Lou Franklin, Assistant Health Director, informed that they do not have any more flu shot vaccine. They received 1500 vaccines of the 3000 they had requested and they do not know if they are going to get the other 1500, but it is doubtful. Councilor Esther asked if some Wichita Falls residents went to Electra for flu shots. Mrs. Franklin replied that she had heard some residents had but she did not know for certain. Councilor Esther thanked the staff that has been working with new industries coming into our City, such as the Pumpjack Diner. This is the type of activities that enhance our City and of which I am very proud. We still have a staff that is very dedicated and progressive. Councilor Esther said that what it takes is harmony, patience, dedication, and trust. Councilor Esther complimented the clean up effort around the Scott Street Bridge. Councilor Esther mentioned the problem of people blowing their grass clippings out on the streets and asked that Code look into this to see what can be done. City Manager informed that staff is going to contact all the yard services about this problem, as well as create educational programs to be aired on our City channel. Councilor Esther asked about the lake levels. Mr. Scott Taylor informed that both lake levels were at 58.2%. Councilor Elmore informed that he has been in contact with TXDOT about the small area on the roadway along U.S. 287, which is being used as a walkway. Councilor Elmore mentioned the graffiti on Wrangler and asked staff to see what could be done about that. Councilor Elmore reminded citizens that the District 5 open forum is scheduled for Monday November 8 at Kate Haynes Elementary at 7:00 p.m. and on November 15 at City View High School at 7:00 p.m. He invited everyone to attend. 473 Item 9a continued Councilor Williams expressed appreciation to Dee Decker and Penny Henderson for their involvement in "Teens Make a Difference Day" program. She commended the adults and especially the teens that participated and gave up a Saturday to make a difference in our community. Councilor Williams also encouraged citizens to go vote and asked that they be patient because there will be lines at the polling places. Councilor Williams congratulated Mrs. Lou Franklin on her promotion as Assistant Health Director. Mayor referred to the issue of the grass clippings on WFISD property and informed that he had spoken with the owner of Perm-O-Green who has the WFISD lawn contract. The owner informed the Mayor that it was their policy not to blow the clippings onto the street. Councilor Williams noted that she had seen them and would get the necessary information to the Mayor. The Mayor will contact Perm-O-Green. Mayor referred to the police training information he provided at the last Council meeting and clarified that the two months of training after the field training is classroom training. Also, under the current hiring system new officers receive 114 hours more training than under the old system. Item 9b Mr. Dave Clark informed that they received a request for historical designation for the Floral Heights neighborhood for 212 homes. They have done extensive homework in regards to the regulations and policies that were reviewed about a year ago.At this time they have 86% of the persons that have signed documents that would like to be included in that area. That will work through a process, first of which will be a bus tour by the Landmark Commission and then a pubic hearing, probably in December, for public input. Councilor Esther asked that Staff look into the Ridgeway Apartments for code violations on grass issues. City Manager asked Mr. Clark to give an update on the Buchanan Terrace Apartments. Mr. Clark informed that they were given six months for substantial completion on their project and they have one month left. No progress has been made with the exception of obtaining a permit. Councilor Elmore asked how many citizens received the flu shot Iasi: year. Mrs. Franklin informed that 3,920 shots were given. Mayor announced that this ends the televised segment. City Council recessed at 11:05 a.m. and will reconvene at 12:00 p.m. City Council reconvened at 12:00 p.m. Item 10 No one signed up to speak under public comments. 474 City Council adjourned at 12:02 p.m. PASSED AND APPROVED this day of V g^n,�,Q,�a�,,2004. WILLIAM K. ALTMAN MAYOR ATTEST: hj� �9 Lydia Torres-Ozuna City Clerk 1 1 NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, November 2, 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 George Davis New Harvest Church 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Of The City Council Of The City Of Wichita Falls, Texas Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs. (City Council Bill #256) 6. Receive Minutes: a. 4B Sales Tax Corporation - May 28, 2004 City Council Agenda Tuesday, November 2, 2004 Page 2 REGULAR AGENDA 7. Ordinance: a. Ordinance Making Appropriation To The Special Revenue Fund For Additional Grant Revenue From The Health And Human Services Commission And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #257) b. Ordinance Amending Chapter 110, Vehicles For Hire (City Council Bill #258) c. Ordinance Closing, Abandoning, And Vacating A (20) Foot Wide By Approximately One Hundred Sixty Two (162) Foot Long Portion Of An Alley Adjacent To Proposed Lot 24-A (Currently Lots 24-31), Block 7, Faith Village Unit 1 As Indicated On The Attachment "A" Location Map. (City Council Bill #259) d. Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $40,000.00 For The Construction Of The Pumpjack Diner At 904 Broad Street. (City Council Bill #260) 8. Resolutions: a. A Resolution Authorizing An Amendment To The 4B Corporation's Fiscal Year 2004-2005 Budget In The Amount Of $750,000 For The River Bend Nature Center. (City Council Bill #261) b. Resolution To Award Bid And Contract For The Purchase Of Five (5) Belt Filter Presses (CWF04-544-22) (City Council Bill #262) c. Resolution To Approve Change Order No. 2 For The Lake Kemp Raw Water Supply System (CWF04-544-24) (City Council Bill #263) d. Resolution To Approve Change Order No. 1 For The Membrane Facility Project (CWF03-544-16) of $1 ,200,000.00 And A Letter Of Agreement Extending The Contract Completion Dates For Membrane Facility Contract, Yard Piping Phase I Contract, Membrane Clarifier Contract And The Flow Control Vault, Sludge Pump Station No. 3 and City Council Agenda Tuesday, November 2, 2004 Page 3 Brine Pump Station Contract. (City Council Bill #264) e. Resolution Authorizing Award Of Bid For The Purchase Of Four (4) AutoCAD 2005 Software Packages And Five (5) AutoCAD 2005 Support Subscriptions To DLT Solutions, Inc. (City Council Bill #265) f. Resolution To Award Bid For The Purchase Of Six (6) Harley-Davidson Police Motorcycles To The Red River Harley Davidson In The Amount Of $115,800.00. (City Council Bill #266) 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. END OF TELEVISED SEGMENT 10. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda Will Be Heard At 12:00 p.m. 11 . 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 City Council Agenda Tuesday, November 2, 2004 Page 4 the day of 20 at o'clock (a.m.)(p.m.). City Clerk