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Min 12/21/2004 491 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 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. - 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 Chaplain Sung-Joo Park, Sheppard Air Force Base Chapel, gave the invocation. Item 3 Mayor recognized Mr. Joe Brown, for his 40 years of service as the morning show host at KFDX and Farm editor for the Times Record News. Mayor proclaimed December 21, 2004 as "Joe Brown Day in Wichita Falls" and encouraged all citizens to congratulate Joe on his impressive career and for the dedicated professional service he has provided to the citizens of Wichita Falls and the surrounding area. Darrell Coleman, TRN Publisher, Carroll Wilson, TRN Editor, Lee Anderson, TRN Sports Writer, Julie Pruett, KFDX General Manager, and Stephanie Darland, KFDX General Sales Manager, were present and congratulated Joe Brown. Mayor recognized Dr. Armando San Diego and Mr. Tito Tolentino and the Filipino American Club for their humanitarian service in the Philippines. Dr. San Diego provided information on the medical mission trip that they along with 25 medical professionals will embark upon January 6, 2005. They see thousands of patients in three-days, non-stop, They provide their time and talents to help those who need dental and medical care in the Philippines. He mentioned that the Filipino American Club supports various charitable organizations here in Wichita Falls. Dr. San Diego and Mr. Tolentino expressed appreciation to the Council, the businesses and individuals for their donations to this mission effort. Item 4 The Minutes were approved as distributed. Items 5a-5e City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. 492 Items 5a-5e continued Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Minutes of the following board and commission meetings were received. a. Civil Service Commission — September 30, 2004 b. Employee Benefits Trust— November 23, 2004 c. Library Advisory Board — October 26, 2004 d. Landmark Commission — November 17, 2004 e. Landmark Commission — December 9, 2004 Item 6a ORDINANCE NO. 97 -2004 ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT .$1,992.00 IN GRANT FUNDS FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR THE PURCHASE OF 36 TEXT BOOKS TITLED BRADY EMERGENCY CARE, 10T" EDITION; 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. 97-2004 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 6b ORDINANCE NO. 98-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE 2003-04 BUDGET IN VARIOUS FUNDS AS PART OF THE 2003-04 FISCAL YEAR END CLOSING PROCESS; 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. 98-2004 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 6c ORDINANCE NO. 99-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHIITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE: FUND FOR GRANT REVENUE FROM THE TRANSPORTATION SECURITY ADMINISTRATION FOR THE REIMBURSEMENT OF LAW ENFORCEMENT SERVICES AT THE WICHITA FALLS MUNICIPAL AIRPORT; 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. 99-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. 493 Item 6c continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 6d ORDINANCE NO. 100-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT FUNDING RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING 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 Elmore that Ordinance No. 100-2004 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 6e ORDINANCE NO. 101-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS NAMING THE ELECTION OFFICIALS AND POLLING PLACES FOR THE FEBRUARY 5, 2005 SPECIAL MUNICIPAL ELECTION; 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. 101-2004 be passed. Motion seconded by Councilor Ammons. City Clerk asked that the Alternate Judge for City Box 11 be replaced with Nan Rice and to appoint Lydia Torres-Ozuna as the Central Counting Station Manager, and Sharon Kaufhold as the Tabulation Equipment Supervisor and Programmer. Moved by Councilor Williams to amend the proposed ordinance by making the above noted changes. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 494 Item 6f ORDINANCE NO. 102-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE: FUND FOR GRANT FUNDING RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING THE SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Ordinance No. 102-2004 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. 168-2004 RESOLUTION APPROVING THE TRANSFER OF VARIOUS AGED RECEIVABLE ACCOUNTS TO DORMANT STATUS AS PART OF THE CITY'S FISCAL YEAR END CLOSING PROCESS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BYLAW. Moved by Councilor Williams that Resolution No.168 -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 7b RESOLUTION NO. 169-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AUTHORIZING THE PUCHASE OF A 1250 GPM PUMPER FIRE TRUCK FROM MARTIN APPARATUS (PIERCE) IN THE AMOUNT OF $295,000.00 THROUGH THE BUY BOARD PURCHASING COOPERATIVE; 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. 169-2004 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 8a Councilor Ammons asked if mowing bills were being sent to the property owner or to the person whose name was on the water bill. She thought that the last time Council discussed that that Mr. Clark was going to going to bill the occupant. Mr. Clark noted that the property owner is the ultimate responsible party, but usually it is the occupant who has the mowing problems. Mr. Clark will discuss this matter with Councilor Ammons. Councilor Williams thought that both the occupant and property owner were going to be notified on Code violations. City Manager will check into this and report to the Council. 495 Item 8a continued Councilor Ammons wished everyone Merry Christmas and a Happy New Year. ry a ry Councilor Gonzalez wished everyone a very Merry Christmas and a Prosperous New Year. Councilor Norrie asked Mr. Leiker to check into the possibility of putting a pedestrian signal at the corner of Taft and Hampstead. There is a visually impaired pedestrian that crosses that intersection on a daily basis. Councilor Norrie wished the Staff and employees a merry Christmas and expressed appreciation for the hard work everyone has done. He wished the Council a Merry Christmas and a good New Year. Councilor Esther thanked Mr. Leiker, Mr. Clark and Mr. Murphy because the Maurine Street project is under way. This will complement our efforts in beautifying our City. Councilor Esther said he was thankful to the City and Staff for the work they have done in conserving water. Thank God for the Lake levels being at 74.2% and we pray that it remains there. I hope we can end this season with the thought that we are truly blessed by living in a country where we are free. We pray for the military especially in Iraq and for the leaders of this great nation as we look at what God's purpose is for America. I hope we start counting our blessings and stop bickering among ourselves. Councilor Elmore expressed appreciation for the folks in the Fire Department and for the great job they do. We are very proud of you for being the No. 1 First Responders in the State. He wished everyone a Merry Christmas and a Happy New Year. He has received the best present in that his son graduated from Texas Tech and will be home for the holidays. Councilor Williams wished everyone a happy holiday season. She reminded everyone that most of us are being blessed in excess of what we deserve and we should try to help others to have a better holiday. She asked that we do something to help those in need, and because of that we will all have a very Merry Christmas. Mayor Altman mentioned Joe Brown's recognition for bringing happiness to people's lives, and the medical trip to the Philippines to help those that are less fortunate. Those are tremendous blessings. My wife and I volunteered at Faith Mission over Thanksgiving Day and that was a blessing. I ask that you look around and see where you can help others. Happy Holidays to the City Staff and all the City employees. We appreciate the dedication and hard work you do for the citizens of Wichita Falls to keep this City functioning smoothly. I applaud your efforts. I wish everyone a happy Holiday Season. I pledge to work to make your jobs better and more enjoyable and to make the lives of citizens more secure and better. Item 8b Mr. Scott Taylor informed that the sanitation pickup would run on schedule this week and next week. On behalf of the staff and City employees the City Manager wished the Council and everyone a Happy Holiday Season. Item 8c City Council went into Executive Session at 10:07 a. m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:45 a.m. Mayor announced that no votes were taken during Executive Session. Item 8d 1 Moved by Councilor Williams to appoint to the Planning and Zoning Commission Mr. Ken Dowdy to Place 2 and Mr. John Stephenson to Place 5 with terms to expire December 31, 2005. In the same motion Mr. Ripley Tate was appointed as Alternate 1 with term to expire December 31, 2006. Motion seconded by Councilor Norrie and carried by the following vote. 496 Item 8d(1) continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8d 2 Moved by Councilor Williams to appoint to the Tax Increment Finance Board Mrs. Ann Bishop to Place 1, and Mrs. Susan Plies to Place 2, with terms to expire December 31, 2006. 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 8d 3 Moved by Councilor Williams to make the following appointments to -the Zoning Board of Adjustment. Mr. Michael Latham to Place 1, with term to expire December 31, 2005„ Mr. James McNeil to Place 2 with term to expire December 31, 2006, Mr. Steve Wood as Alternate 1, Place 6, with term to expire December 31, 2006 Mr. Dave Lilley as Alternate 2, Place 7 with term to expire December 311, 2006. Mr. Les Seipel was appointed as Chair with term as Chair to expire December 31, 2006. (Mr. Latham's term was set for one year instead of two in order to balance the; terms of this board —four members' terms will expire 2005 and five will expire 2006. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Items 8d(4)-8d(12) Appointments to these boards and commissions were deferred. Mayor will appoint three Council sub-committees, one to review and make recommendations to the boards and commissions; one to work with the City Attorney on the Wrecker Ordinance and review a rate survey, and one to organize the structure of city governments. Mayor asked that Council members interested in serving on these sub-committees contact him by Thursday. Mayor informed that one person had signed up to speak. Council will recess until 12:00 noon as announced and posted. City Council recessed at 11:15 a.m. City Council reconvened at 12:00 p.m. Mayor announced that this ends the televised segment. Item 9 J.I. Ginnings, 501 Taft Blvd., passed out prepared comments to the Council and asked Council to act on them as they see fit; they have merit. Mr. Ginnings expressed concern about the increase in gang activity, the shortage of police officers, and the theft of the officers' names, addresses, etc. He did not think the 497 Item 9 continued recall was the answer and he did not support it, however there are issues that need to be addressed by the Council and it should be done publicly so that we know that there are things that are being done about issues of concern. Mayor stated that Council cannot discuss this because of the Open Meetings Act, but we all share your concerns. City Manager agreed with Mr. Ginnings and provided updated information on the hiring of police officers, noting that in the next few weeks we will be at full strength. He also informed on the theft of the police documents and that it is being fully investigated. Mr. Ginnings made himself available to the Council to answer any questions. Mayor stated that they would speak with him individually. Carrie Cruse, P.O. Box 603, Archer City, TX 76351 and Debbie Losoya, 4607 N. Eden Hills Circle, asked Council to consider removing the parking restrictions on the Ninth Street block between Lamar and Scott Streets. They work at SBC, which is not open to the public, and they have day and night shifts, and would like to be able to park on that block. Mayor informed that Council was restricted under the Open Meetings Act from Y P 9 discussing this. Mrs. Losoya provided an alternative - that Council consider painting the curb instead of the two-hour parking. Mr. Leiker showed a map of the downtown area and located the available and type of parking spaces. City Manager will look into this situation. The televised segment resumed at this time. City Council adjourned at 12:27 p. m. PASSED AND APPROVED this day of , 2005. rl/,A Y Y k AM_ .0 WILLIAM K. ALTMAN MAYOR ATTEST: (� ,AIL*'-) (!�_- 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 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: Chaplain Sung-Joo Park Sheppard Air Force Base Chapel 3. Presentations: 4. Approval of Minutes. CONSENT AGENDA 5. Receive Minutes: a. Civil Service Commission — September 30, 2004 b. Employee Benefits Trust Meeting — November 23, 2004 c. Library Advisory Board Minutes — October 26, 2004 d. Landmark Commission Minutes — November 17, 2004 e. Landmark Commission Minutes — December 9, 2004 REGULAR AGENDA 6. Ordinance: a. Ordinance Authorizing The City Manager To Except $1,992.00 In Grant Funds From The Texas Department Of State Health Services For The Purchase Of 36 Text Books City Council Agenda Tuesday, December 21, 2004 Page 2 Titled Brady Emergency Care, 1011 Edition. (City Council Bill #280) b. Ordinance Amending The 2003-04 Budget In Various Funds As Part Of The 2003-04 Fiscal Year End Closing Process. (City Council Bill #281 ) c. Ordinance Making An Appropriation To The Special Revenue Fund For Grant Revenue From The Transportation Security Administration For The Reimbursement Of Law Enforcement Services At The Wichita Falls Municipal Airport. (City Council Bill #282) d. Ordinance Making An Appropriation to the Special Revenue Account Fund For Additional Grant Revenue Received From The Department Of State Health Services And Authorizing The City Manager To Execute A Contract Accepting Same. (City Council Bill #283) e. An Ordinance Naming The Election Officials and Polling Places For the February 5, 2005 Special Municipal Election. (City Council Bill #284) f. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Department Of State Health Services And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #285) 7. Resolutions: a. Resolution Approving The Transfer Of Various Aged Receivable Accounts to Dormant Status As Part Of The City's Fiscal Year End Closing Process. (City Council Bill #286) b. Resolution Authorizing The Purchase Of A 1250 GPM Pumper Fire Truck From Martin Apparatus (Pierce) Through The Buy Board Purchasing Cooperative. (City Council Bill #287) 8. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. City Council Agenda Tuesday, December 21, 2004 Page 3 c. Executive Session: Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551.074 Of The Texas Government Code. 1) Planning & Zoning Commission 2) Tax Increment Finance Board 3) Zoning Board of Adjustments d. Open Session: Appointments To Boards And Commissions: 1) Planning & Zoning Commission 2) Tax Increment Finance Board 3) Zoning Board of Adjustments 4) Animal Shelter Advisory Committee 5) Aviation Advisory Board 6) Clean Community Commission 7) Commission on Highway Transportation Needs 8) Commission on Human Needs 9) Park Board 10)Traffic Safety Commission 11) Water Resources Commission 12) City/County Health Board END OF TELEVISED SEGMENT 9. 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. 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 City Council Agenda Tuesday, December 21, 2004 Page 4 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