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Min 01/18/2005 504 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 18, 2005 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 Pastor Charles Nichols, Southside Baptist Church, gave the invocation. Item 3 Marlene Vacarella, Runners Club of Wichita Falls, presented the City of Wichita Falls a check in the amount of$2500, which are the proceeds from their last Trails Fest. Mrs. Vacarella requested that a water fountain be placed by the dam of the trails and asked that this money go toward that. Mr. Jack Murphy informed that the Runners Club is very supportive of the trails in Wichita Falls. Also in attendance were Kate Teichman, Jane Teichman, Richard Dowdy, and Susan Koch, members of the Runners Club. Ms. Connie McDonough, Habitat for Humanity, presented a check in the amount of $29,542.10, representing taxes paid by the homeowners under the Habitat for Humanity Program. Mayor informed that Councilor Norrie was out of town on a business meeting that he is required to attend. Mayor informed that Council will be attending the Torch Award luncheon today and we will have to alter our meeting schedule. City Manager stated that public comments would be heard immediately following the regularly scheduled agenda items. Anyone wanting to speak would have to sign up by 11:00 a.m. Item 4 The Minutes were approved as distributed. 505 Items 5a-6k City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Elmore requested that Item 5a be moved to the Regular Agenda. Moved by Councilor Williams that the Consent Agenda be approved with the exception of Item 5a. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Items 6a-6k Minutes of the following board and commission meetings were received. a. Employee Benefits Trust— December 3, 2004 b. Employee Benefits Trust—January 7, 2005 c. Civil Service Commission — December 2, 2004 d. Civil Service Commission — December 17, 2004 e. Civil Service Commission — December' 18, 2004 f. Civil Service Commission — December 20, 2004 g. Civil Service Commission — December 21, 2004 h. Wichita Falls/Wichita County Public Health District— October 22, 2004 i. Wichita Falls Metropolitan Planning Organization —October 6, 2004 j. Wichita Falls Metropolitan Planning Organization — November 17, 2004 k. Wichita Falls Economic Development Corporation — October 12, 2004 Item 5a RESOLUTION NO. 5-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF FOUR (4) EACH 4-DOOR SEDANS THROUGH THE BUYBOARD PURCHASING COOPERATIVE, FROM PHILPOTT MOTOR COMPANY, IN THE AMOUNT OF $51,240.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 5-2005 be passed. Motion seconded by Councilor Williams. Councilor Elmore asked for clarification on the situation where the City purchased a series of vehicles for the Police Department that they were unable to use because the equipment they had would not fit. He explained that we had Fords in the fleet and the light bars and cages in the Fords did not fit the Chevrolets that we purchased. He heard that the sentinels ended up using those vehicles instead of the Police Department. Mrs. Peggy Gahagan said that to her knowledge that had not taken place. However, the City did purchase light bars and cages for the new police vehicles last year, but when we received them they were not to specifications so we returned them. We did repurchase the light bars and cages and that is why the police units were late getting on the streets. It had nothing to do with the fact that they did not fit. Those light bars are made specifically for either the Ford Crown Victoria or the Chevrolet Impala. She informed that the Detective Unit will use the vehicles being considered today and one is for Mr. Darron Leiker. Mr. Darron Leiker concurred on the information presented by Mrs. Gahagan regarding the light bars. He explained the process on how vehicles are replaced. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None 506 Item 7a ORDINANCE NO. 2-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 62, ARTICLE I, SECTION 62-5 OF THE CODE OF ORDINANCES TO ESTABLISH THE WEST FLORAL HEIGHTS HISTORIC DISTRICT; 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. 2-2005 be passed. Motion seconded by Councilor Ammons. Mr. Dave Clark provided detailed information on the request from the West Floral Heights neighborhood to be designated as a Historic District. Mrs. Jan Schaff, Landmark Commission Chair, stated that these people have worked very hard in getting their information and meeting all the requirements. The Landmark Commission believes that the West Floral Heights Neighborhood will be a model for other neighborhoods in the future. Mayor expressed appreciation to the Landmark Commission for all the work they have done on this project. Mrs. Schaff stated that the people who really worked are the people of the neighborhood. Susan Koch, representative of the West Floral Heights neighborhood, expressed appreciation to the Landmark Commission, and spoke in favor of this ordinance. Shirley Craft, Landmark Commission member, spoke in favor of this ordinance, noting that their application was almost flawless. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None City Council recessed at 9:30 a.m. and reconvened at 9:45 a.m. Item 7b ORDINANCE NO. 3-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE INTERLOCAL AGREEMENT WITH THE CHISHOLM TRAILS RC&D TO DISPOSE OF ABANDONED SCRAP TIRES; 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. 3-2005 be passed. Motion seconded by Councilor Gonzalez. Mr. Scott Taylor requested that the amount to be appropriated in the Sanitation Fund be amended to reflect $3,300 instead of$3,000. Moved by Councilor Williams to amend Sections 1 and 2 of the proposed ordinance to reflect the amount as $3,300 instead of$3,000. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None 507 Item 7b continued Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8a RESOLUTION NO. 6 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AMENDMENT TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION 2004-2005 BUDGET IN THE AMOUNT OF $65,000 FOR A CONSULTING SERVICES AGREEMENT; 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. 6 -2005 be passed. Motion seconded by Councilor Gonzalez. Tim Chase, BCI, explained that Trinity Works is helping to make sure the design features of the Business Park are the way they should be; they are keeping track of what the design people are doing. In addition, Mr. Isaac Manning will be promoting the Wichita Falls Business Park. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8b RESOLUTION NO. 7 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS TO ACCEPT THE 2001-2002 WATER BUDGET UTILITIES PROJECT; 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. 7-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None 508 Item 8c RESOLUTION NO. 8 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; 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. 8-2005 be passed. Motion seconded by Councilor Williams. Randy West, Atmos Energy Community Relations Manager, provided information on the GRIP bill and its effect. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8d RESOLUTION NO. 9-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN EXPENDITURE BY THE WICHITA FALLS POLICE DEPARTMENT FROM THE SEIZED FUNDS ACCOUNT FOR AN EXPENDITURE OF $7,000.00; 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. 9-2005 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 8e RESOLUTION NO. 10-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE WICHITA FALLS BUSINESS PARK WATER AND SANITARY SEWER PROJECT CWF05-732-08; 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. 10-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None 509 Item 8f RESOLUTION NO. 11-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF THE HAZMATID SYSTEM FROM SMITHS DETECTION IN THE AMOUNT OF $49,600.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 11-2005 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 Item 8g RESOLUTION NO. 12-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A FY2006 COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT; 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. 12-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Councilor Williams stepped out of Council Chambers. Ayes: Mayor Altman, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9a Councilor Ammons expressed delight about the Floral Heights historic designation. Kudos to them. Councilor Gonzalez requested that the Council meetings include the pledge of allegiance. Councilor Williams returned to Council Chambers. Councilor Esther commented that he attended several functions this past week honoring Martin Luther King. During those functions there was an expression of love, fairness and justice. It reminded him of what Dr. King had said about harmony and peace. This is the last City Council meeting prior to Early Voting in the Mayoral Recall Election. We want everyone to vote. I hope that prior to going to vote that voters will remember what is happening here and that you put yourselves in a situation such as this and then vote accordingly. Councilor Esther said that he had been asked some questions regarding the departure of former Police Chief Coughlin. He stated that the former Police Chief had not been fired or forced out but that he had retired. Councilor Esther mentioned that he had been asked about the function of unions and if it was to work with its members to make sure they got just pay or is it their right to interfere with the authority of government. I think the latter is true. There is no union that has the right to interfere with the authority of government. Another thing that was brought up concerned the honor of the man being recalled and whether he had gained his success at the expense of others, and if he had really put this City in jeopardy. Has he reflected discredit to this City? Councilor Esther stated that the answer is no. He asked that voters look into their hearts just as the council members did with the previous mayor. Mayor Altman has not done anything to 510 Item 9a continued disrespect you or this City. The City Manager has done a magnificent job; nobody has absconded with your funds. Your City is in excellent shape. Please think about that. If there is something you do not understand that takes place within your City government you have access to those people who work for you. I pray for this City just as I pray for our military overseas. We can wave flags and we can pledge allegiance, but when we do not have faith and trust within ourselves we are a nation heading for defeat within. As you go to vote ask yourself— 'If it were me what would you expect someone to do?' Councilor Elmore agreed with Councilor Esther's comments that the Mayor is a man of honor and has placed the City and benefits of the City first. He also agreed with Councilor Gonzales and would like to see the pledge of allegiance implemented. Councilor Williams asked that we be mindful that there is an election coming up and that it is important to vote. I will not go into any details about how you should vote. I think we are all smart enough to know or to figure out what the real truth is and to act accordingly, but it is really important that you vote and it is important enough that none of us tells you how to vote. Mayor Altman commented that at the MLK breakfast, Dr. Beverly Mitchell-Brooks gave a speech that was outstanding. It was taped by the City and will be running on Channel 11 and he encouraged everyone to watch it. Item 9b City Clerk Lydia Ozuna provided information on the February 5, 2005 Special Municipal Election. Fire Chief Harold Lindsey informed that they had received the aerial apparatus, and he gave information on this piece of equipment and how it will be used. Item 9c City Council went into Executive Session at 11:12 a. m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:20 a.m. Mayor announced that no votes were taken during Executive Session. Item 9d 1 Moved by Councilor Williams to appoint Mr. Melvin James to the Construction Board of Adjustment, Place 6, with term to expire December 31, 2005. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Gonzalez, and Elmore Nays: None Items 9d(2) - 9d(11) Appointments to these boards/commissions were deferred because of a time constraint. Council has a pending meeting that they will be attending. Item 10 Mayor informed that no one had signed up to speak. 511 City Council adjourned at 11:23 a. m. PASSED AND APPROVED this 1�'t day of , 2005. , WILLIAM K. ALTMAN MAYOR ATTEST: oal C-�--) Lydia Ozuna City Cleric 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, January 18, 2005, 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 Charles Nichols Southside Baptist Church 3. Presentations: Runner's Club — Check Presentation Habitat For Humanity — Check Presentation (Ms. Connie McDonough) 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Authorizing The Purchase Of Four (4) Each 4- Door Sedans Through The BuyBoard Purchasing Cooperative, In The Amount Of $51,240.00. (City Council Bill #6) 6. Receive Minutes: a. Employee Benefits Trust Meeting Minutes — December 3, 2004 b. Employee Benefits Trust Meeting Minutes — January 7, 2005 c. Civil Service Commission — December 2, 2004 d. Civil Service Commission — December 17, 2004 e. Civil Service Commission — December 18, 2004 f. Civil Service Commission - December 20, 2004 City Council Agenda Tuesday, January 18, 2005 Page 2 g. Civil Service Commission - December 21 , 2004 h. Wichita Falls/Wichita County Public Health Board — October 22, 2004 i. Wichita Falls Metropolitan Planning Organization — October 6, 2004 J. Wichita Falls Metropolitan Planning Organization — November 17, 2004 k. Wichita Falls Economic Development Corporation — October 12, 2004 REGULAR AGENDA 7. Ordinance: a. Ordinance Amending Chapter 62, Art. I, Sec. 62-5 Of The Code of Ordinances Regulating Landmarks And Historic Districts To Address The Establishment Of The West Floral Heights Historic District. (City Council Bill #7) b. Ordinance Approving The Interlocal Agreement With The Chisholm Trails RC&D To Dispose Of Abandoned Scrap Tires. (City Council Bill #8) 8. Resolutions: a. A Resolution Authorizing An Amendment To The Wichita Falls Economic Development Corporation 2004-2005 Budget In The Amount Of $65,000 For A Consulting Services Agreement. (City Council Bill #9) b. Resolution To Accept The 2001-2002 Water Budget Utilities Project. (City Council Bill #10) c. Resolution Suspending Proposal By Atmos Energy Corp. To Implement Interim GRIP Rate Adjustments For Gas Utility Investment In 2003; Authorizing Participation With Other Cities Into A Review Of The Reasonableness Of The Rate Adjustments; Authorizing Intervention In Court Proceedings; Designating A City Representative To Serve On A Steering Committee; Requiring Reimbursement Of Reasonable Legal And Consultant Expenses. (City Council Bill #11) City Council Agenda Tuesday, January 18, 2005 Page 3 d. Resolution Authorizing Expenditure By The City of Wichita Falls Police Department From The Seized Funds Account In The Amount Of $7,000.00 To Purchase A Subscription To L.E.A.D.S. Online. (City Council Bill #12) e. Resolution To Award Bid And Contract For The Wichita Falls Business Park Water And Sanitary Sewer Project CWF05- 732-08. (City Council Bill #13) f. Resolution Authorizing The Purchase Of The HazMatlD System From Smiths Detection. (City Council Bill #14) g. Resolution Authorizing The City Manager To Make Application With The Texas Department Of Transportation (TxDOT) For A Comprehensive Selective Traffic Enforcement Program (STEP) Grant For Fiscal Year 2006. (City Council Bill #15) 9. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 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 ) Construction Board Of Adjustments 2) Tax Increment Finance Board d. Open Session: Appointments To Boards And Commissions: 1 ) Construction Board Of Adjustment 2) Tax Increment Finance Board 3) Animal Shelter Advisory Committee 4) Aviation Advisory Board 5) Clean Community Commission 6) Commission On Highway Transportation Needs 7) Commission On Human Needs 8) Park Board 9) Traffic Safety Commission 10) Water Resources Commission 11) City/County Health Board City Council Agenda Tuesday, January 18, 2005 Page 4 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 The Conclusion Of Hearing Regularly Scheduled Items. People Wishing To Address The Council Should Sign Up Prior To 11 :00 A.M. The Day Of The Council Meeting. 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 the day of 20 at o'clock (a.m.)(p.m.). City Clerk