Min 12/07/2004 484
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
December 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
James Esther, Jr. - Councilors
Michael Norrie -
Ray Gonzalez -
Charles Elmore -
James Berzina - City Manager
Bill Sullivan - City Attorney
Lydia Torres-Ozuna - City Clerk
Linda Ammons - Absent
Mayor called the meeting to order.
Item 2
Pastor Steve Robertson, Floral Heights United Methodist Church, gave the invocation.
Item 3a
Mrs. Linda Merrill, Legal Assistant, Legal Department, was recognized as employee of the
month for December 2004. Mayor presented Mrs. Merrill with a plaque, City pin, check, dinner for
two, and Weeks Park Golf Course passes.
Item 3b
Mr. Elmer Emory, University Kiwanis Club, presented City of Wichita Falls a check in the
amount of$5,000, Kiwanis Park concession proceeds, which will go towards the improvement of
Kiwanis Park.
Item 3c
Mayor recognized and congratulated the Wichita Falls Fire Department for the prestigious
EMS First Responder Award they received in Austin. Chief Lindsey informed that the State
recognized the Wichita Falls Fire Department as the best First Responder in the State. The
Department continues to strive to provide better service to the citizens. Fire Chief Lindsey
presented the award to Captain Roger Ritchie, Safety Officer. Also in attendance were squad
representatives of the Fire Department.
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Item 4
The Minutes were approved as distributed.
Items 5a-5f
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Williams that the Consent Agenda be approved.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Minutes of the following board and commission meetings were received.
a. Planning and Zoning Commission —October 13, 2004
b. Landmark Commission — September 30, 2004
c. Library Advisory Board — September 28, 2004
d. Clean Community Commission —August 25 and October 6, 2004
e. Wichita Falls Park Board — September 23, 2004
f. Wichita Falls Traffic Safety Commission — October 6, 2004
Item 6a
ORDINANCE NO. 92-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, CONSIDERING AN APPEAL OF CONDITIONAL USE PERMIT # C 04-34;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
For simplification, Mayor called for a motion to approve this ordinance with the word
"[affirm)" being deleted in the last whereas, and the word "[affirmed]" being deleted in Section 1.
Moved by Councilor Williams that Ordinance No. 92-2004 be passed with the Mayor's
recommendation noted first above.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Gonzalez, and Elmore
Nays: Councilors Esther and Norrie
Item 6b
ORDINANCE NO. 93-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT
FOR CANYON TRAILS SUBDIVISION (PUD 92-04); 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. 93-2004 be passed.
Motion seconded by Councilor Esther.
David Rhone, 4804 Pine Hurst, applicant, spoke in favor of this ordinance. He noted that
30% of this area would be undeveloped, however no specification had ever been given as to the
actual location of undeveloped land.
486
Item 6b continued
Karen Montgomery, 4832 Canyon Trails, spoke against the ordinance stating that the
Master Plan was not being followed and the open land that is being moved is close to the 100-year
flood plane. She stated that homeowners have concerns about this and that promises have been
made that are now being changed.
Motion carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, and Elmore
Nays: Councilor Gonzalez
Item 6c
ORDINANCE NO. 94-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, MAKING AN APPROPRIATION TO THE EXISTING RYAN WHITE III
CONTRACT IN THE FORM OF ADDITIONAL GRANT FUNDING FROM TARRANT
COUNTY THROUGH THE TARRANT COUNTY HEALTH DEPARTMENT 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. 94-2004 be passed.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 6d
ORDINANCE NO. 95-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, MAKING AN ADJUSTMENT TO THE TERM AND REVENUES AWARDED
FOR A CURRENT CONTRACT AND 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. 95-2004 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 6e
ORDINANCE NO. 96-2004
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING CHAPTER 110, VEHICLES FOR HIRE; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
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487
Item 6e continued
Moved by Councilor Williams that Ordinance No. 96-2004 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 7a
Councilor Esther thanked the Animal Control Department for being out early and doing a
good job. Councilor Esther expressed concern about people parking trailers and junked vehicles
on the sides of their homes. He asked if there was an ordinance prohibiting this. Mr. Dave Clark
replied that there is an ordinance but it has to do with parking on the front yard.
Councilor Esther thanked Chief Lindsey and the Fire Department for doing such a
wonderful job and he congratulated them for the First Responder Award. They,are very deserving
of this award.
Councilor Elmore echoed Council Esther's comments on the Fire Department. I am very
proud of our Fire Department. I am also very proud of the people who participated in opening their
homes to SAFB personnel during Thanksgiving. He thanked everyone that participated.
Councilor Williams asked for an update on the River Road Water Treatment Plant situation.
Mr. Scott Taylor informed that there had been a power failure, which is still being investigated. All
the appropriate entities have been contacted.
Councilor Williams informed that the Fire Department is still working on Operation Santa
Claus and she asked for donations so that needy children can have a good Christmas.
Councilor Gonzalez asked for the status of a full complement of police officers. Chief
Bachman replied that he has eight applicants on line to hire this week. After this week we should
be about within 5 or 6 personnel of our total amount of 192. We still have one or two to check on
today and I will know by tomorrow.
Councilor Gonzalez requested that the issue of using officers during funeral processions be
reconsidered. City Manager informed that the reason that service was curtailed was because of
the liability factor. Councilor Gonzalez felt there was a need and he would like to reconsider that
matter and have staff get information on what other cities are doing and how. He would like to
know the City's options.
Councilor Norrie recognized the Fire Department for the First Responder Award. It is such
an honor to receive the recognition of First Responder in the entire State. It is a great reflection on
all those men and women and their Chief. It is a privilege to acknowledge this.
Mayor commended the Fire Department for their First Responder Award. He congratulated
Chief Bachman for keeping the Police Department going and the job he is doing in the hiring of
additional officers. When the Department is fully staffed at the end of the year it will mean that in
the last three years we not only have made up the twenty vacancies that existed three years ago
but we will have filled those twenty positions plus six new positions that we have added over the
last three years. There will be a total of 26 additional officers on the force and on the streets. In
addition, to assist the Department we have hired 19 civilian employees with the goal of putting
more officers on the streets, fighting crime. I think the program is going to be successful and as
the need arises we may need to look at adding more officers.
City Council recessed at 9:45 a.m. and reconvened at 10:10 a.m.
Item 7b
Staff made the following presentations.
488
Item 7c 1
Mr. Reuben Warren gave a brief history and update on the Grease Trap Ordinance noting
that the Ordinance is working well and the businesses are complying.
Item 7c 2
Mr. Scott Taylor presented an update on the City's Water Projects, noting that the
Reverse Osmosis Plant will be on line June 2005.
Item 7c 3
Mr. Scott Taylor gave an update on the Tire Project, which is going well.
Item 7c 4
Dave Clark presented a status report on the Holt construction noting that the
completion date is June 2005.
Item 7d
City Council went into Executive Session at 11:15 a. m. as authorized by Section 551.074
of the Texas Government Code.
City Council reconvened at 12:00 p.m.
Mayor announced that no votes were taken during Executive Session.
Mayor announced that this ends the televised segment.
Mayor informed that Don Roberts had signed up to speak but was not in attendance
at this time. Mayor stated that if Mr. Roberts appears he will be allowed to speak while this
meeting is in session.
The televised segment resumed at this time.
Item 7e 1
Moved by Councilor Williams to reappoint Mr. Gary Diehm, Place 1 and Mr. Rick Boone,
Place 2 to the Airport Board of Adjustment with terms to expire December 31, 2006.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 7e 2
Moved by Councilor Williams to reappoint Mr. Garland Martin, Place 7, Mr. Harris Pink,
Place 10, and Mr. Chuck Dennis, Place 11, to the Construction Board of Adjustment with all terms
to expire December 31, 2007 and to appoint the following persons with terms to expire December
31, 2007
489
Item 7e(2) continued
John Glover, Place 3, Structural Engineer
Danny Richardson, Jr., Place 4, Architect
Tommy Ayers, Place 9, At Large.
Motion seconded by Councilor Norrie and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 7e 3
Moved by Councilor Williams to reappoint Mr. Mike Collins, Place 7, to the Landmark
Commission with term to expire December 31, 2007 and to appoint Mrs. Stacie Flood, Place 9,
Heritage Society representative, with term to expire December 31, 2006. In the same motion, Mr.
Ken Dowdy was moved from Place 2, Architect representative, to Place 5, Planning & Zoning
representative, with term to expire December 31, 2006.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 7e 4
Moved by Councilor Williams to reappoint Mr. Steve Lane, Place 1, Mr. James Bradberry,
Place 4, and Mr. Charles Barr, Place 6, to the Planning and Zoning Commission with all terms to
expire December 31, 2006 and to move Mrs. Cayce Cleary to Place 8, voting member, from Place
10, Alternate 1, with term to expire December 31, 2006.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Moved by Councilor Williams to move Mr. Ken Dowdy to Place 10 as Alternate 1 with term
to expire 12/31/2006, and appoint Mr. John Stephenson to Place 11 as Alternate 2 with term to
expire 12/31/2005.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Altman, Councilors Williams, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Items 7e(5) —7e(15)
Appointments to the following boards/commissions were deferred until next Council
meeting.
5) Tax Increment Finance Board
6) Zoning Board of Adjustments
7) Animal Shelter Advisory Committee
8) Aviation Advisory Board
9) Clean Community Commission
10) Commission on Highway Transportation Needs
11) Commission on Human Needs
12) Park Board
13) Traffic Safety Commission
14) Water Resources Commission
15) City/County Health Board
490
Mayor informed that Mr. Roberts did not appear to speak.
City Council adjourned at 12:10 p. m.
PASSED AND APPROVED this ,�day of , 2004.
k,$IQA06gqR
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,
December 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: Pastor Steve Robertson
Floral Heights United Methodist Church
3. Presentations: (a) Employee Of The Month
(b) Presentation Of Check From
University Kiwanis Club
(c) Award Recognition For Wichita
Falls Fire Dept.
4. Approval of Minutes.
CONSENT AGENDA
5. Receive Minutes:
a. Planning & Zoning Commission — October 13, 2004
b. Landmark Commission — September 30, 2004
c. Library Advisory Board Minutes — September 28, 2004
d. Clean Community Commission — August, 25, 2004/October
6, 2004
e. Wichita Falls Park Board Meeting — September 23, 2004
f. Wichita Falls Traffic Safety Commission — October 6, 2004
City Council Agenda
Tuesday, December 7, 2004
Page 2
REGULAR AGENDA
6. Ordinance:
a. Appeal Of The Planning And Zoning Commission's Approval
Of Conditional Use Permit Case Number C 04-34, Request
To Construct A Self-Storage Facility/Mini Warehouse At
2203 Missile Road. (City Council Bill #275)
b. Ordinance Amending The Planned Unit Development Zoning
District For Canyon Trails Subdivision. The Amendment
Adopts A Revised Master Plan/Preliminary Plat For This
Development. (City Council Bill #276)
c. Ordinance Making An Appropriation To the Special Revenue
Fund For New Grant Revenue Received From Tarrant
County Through The Tarrant County Health Department And
Authorizing The City Manager To Execute Contract
Accepting the Same. (City Council Bill #277)
d. Ordinance Reducing The Term And Award Amount of The
Department Of State Health Services STD/HIV Grant
Contract Document Number 7560007142-2005 Attachment
03 And To Make An Appropriation To The Special Revenue
Fund For Additional Grant Revenue Received From DSHS
For The Same STD/HIV Services Beginning January 1, 2005
And Authorizing The City Manager To Execute Contracts
Accepting Same. (City Council Bill #278)
e. Ordinance Amending Chapter 110, Vehicles For Hire. (City
Council Bill #279)
7. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
c. Staff Presentations:
(1) Grease Trap Ordinance Power Point Presentation
(2) Water Project Update
(3) Tire Project Update
(4) Status of Holt Construction
City Council Agenda
Tuesday, December 7, 2004
Page 3
d. Executive Session: Consider Qualifications Of Possible
Appointees To The Following Boards/Commissions As
Authorized By Section 551.074 Of The Texas Government
Code.
1) Airport Board of Adjustment
2) Construction Board of Adjustment
3) Landmark Commission
4) Planning & Zoning Commission
5) Tax Increment Finance Board
6) Zoning Board of Adjustments
e. Open Session: Appointments To Boards And Commissions:
1) Airport Board of Adjustment
2) Construction Board of Adjustment
3) Landmark Commission
4) Planning & Zoning Commission
5) Tax Increment Finance Board
6) Zoning Board of Adjustments
7) Animal Shelter Advisory Committee
8) Aviation Advisory Board
9) Clean Community Commission
10) Commission on Highway Transportation Needs
11) Commission on Human Needs
12) Park Board
13) Traffic Safety Commission
14) Water Resources Commission
15) City/County Health Board
END OF TELEVISED SEGMENT
8. 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.
Persons Interested In Speaking To The City Council Must Sign
Up At The Council Meeting By 11 A.M. That Morning.
City Council Agenda
Tuesday, December 7, 2004
Page 4
9. 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