Min 03/01/2005 522
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
March 1, 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:
Arthur Bea Williams - Mayor Pro Tern
Linda Ammons - Councilors
James Esther, Jr. -
Ray Gonzalez -
Charles Elmore -
Michael Norrie - Absent
James Berzina - City Manager
Bill Sullivan - City Attorney
Lydia Ozuna - City Clerk
Mayor called the meeting to order.
Item 2a
Reverend Robert Allen, First United Methodist Church, gave the invocation.
Item 2b
Councilor Gonzalez led in the Pledge of Allegiance.
Item 3a
Mr. Chris Schweiger, Fire Fighter, Fire Department was recognized as employee of the
month for March 2005. Mayor presented Mr. Schweiger with a plaque, City pin, check, dinner for
two, and Weeks Park Golf Course passes.
Item 3b
Mayor Pro Tern proclaimed March 8, 2005 as "Taste of the Town Day in Wichita Falls" and
expressed appreciation to those involved in this event, the Red Cross and all the volunteers. Mr.
Sheldon Johnson, North Texas Red Cross Chapter Manager, and Mr. Scott Plowman, North Texas
Restaurant Association Chair, accepted the proclamation.
Item 3c
Mayor Pro Tern proclaimed the month of March 2005 as "Adult Literacy Month in Wichita
Falls" and encouraged all citizens to improve literacy skills of all North Texans. Mrs. Mona Statser,
Board Chair, and Sara Shelton, Director, accepted the proclamation.
Mayor Pro Tern moved item 7g out of sequence to be considered at this time.
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Item 7g
RESOLUTION NO. 35-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING RESOLUTION NO. 77-2002, GOVERNING RULES OF
PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WICHITA FALLS;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Moved by Councilor Ammons that Resolution No.35-2005 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 4
Don Roberts, 3242 Southwest Drive, requested that Council consider allowing the use of
police motorcycles and off-duty officers during funeral processions. Mayor Pro Tern stated that this
would be looked into.
Ken Knowles, 2116 Hiawatha, expressed concern about various ordinances that he felt
were directly targeting him and his business. He also expressed concern that issues brought to the
Council have not been addressed. Mayor Pro Tern asked Mr. Knowles to put his specific concerns
in writing.
David Brock, 320 Hill Top, encouraged the Council to move diligently in their decision
regarding Jan Stricklin and to think about the sentiments of the citizens.
Councilor Ammons stepped out of Council Chambers.
Item 4a
The Minutes were approved with one correction.
Items 5a-6f
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Elmore that the Consent Agenda be approved.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Esther, Gonzalez, and Elmore
Nays: None
RESOLUTION NO. 28-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, ACCEPTING THE I.S. FIBER OPTIC CABLE PROJECT, CWF04-4B-25,
AND AUTHORIZING FINAL PAYMENT TO FIBER NETWORK SOLUTIONS, INC.;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
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Minutes of the following board and commission meetings were received.
a. Clean Community Commission —January 19, 2005
b. Commission on Human Needs—January 17, 2005
c. Transportation Policy Committee— December 3, 2004
d. Transportation Policy Committee—October 20, 2004
e. Planning and Zoning Commission —January 12, 2005
f. Employee Benefits Trust—January 24, 2005
Item 7a
RESOLUTION NO. 29-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING CHANGE ORDER NO. 2 TO THE MEMBRANE FACILITY
PROJECT (CWF03-544-16) IN THE AMOUNT OF $1,586,101.00; 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. 29-2005 be passed.
Motion seconded by Councilor Gonzalez.
Kerry Maroney, Vice President of Biggs & Matthews and Project Manager of this Project,
explained the change order and reasons to continue with the same contractor.
Councilor Ammons returned to Council Chambers.
Motion carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 7b
RESOLUTION NO. 30-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE PURCHASE OF THE AUTOTITRATOR AND
UPGRADES FROM CSC SCIENTIFIC IN THE AMOUNT OF $63,000.00; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Elmore that Resolution No. 30-2005 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 7c
RESOLUTION NO. 31-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AWARD OF BID FOR THE REHABILITATION OF
PROPERTY LOCATED AT 2015 TILDEN TO WICHITA CONSTRUCTION IN
THE AMOUNT OF $43,455.00; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Moved by Councilor Ammons that Resolution No. 31-2005 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
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Item 7c continued
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 7d
RESOLUTION NO. 32-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, REJECTING PROPOSALS FOR THE REHABILITATION OF
PROPERTY LOCATED AT 2107 BROWN; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Esther that Resolution No. 32-2005 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 7e
RESOLUTION NO. 33-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING CHANGE ORDER NO. 1 TO THE 2004 WATER BUDGET
UTILITIES IMPROVEMENT PROJECT, CWF 04-550-12 IN THE AMOUNT OF
$34,574.00 AND 20 CALENDAR DAYS; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Moved by Councilor Ammons that Resolution No. 33-2005 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 7f
RESOLUTION NO. 34-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A PCR
THERMAL CYCLER TO FISHER SCIENTIFIC, LLC, IN THE AMOUNT OF
$34,075.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW
Moved by Councilor Ammons that Resolution No.34-2005 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
526
Item 7h
RESOLUTION NO. 36-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR A FISCAL YEAR
2005 BYRNE MEMORIAL FUND JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM AWARD AND ENTERING INTO AN AGREEMENT WITH WICHITA
COUNTY, WITH WHOM THE CITY MUST SHARE THE AWARD, TO
ADMINISTER THE ALLOCATION OF THE JAG PROGRAM AWARD; 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.36-2005 be passed.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 8a
ORDINANCE NO. 11-2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS CALLING FOR A SPECIAL-GENERAL MUNICIPAL ELECTION TO BE
HELD ON MAY 7, 2005, NAMING POLLING PLACES AND ELECTION
OFFICIALS; 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.11-2005 be passed.
Motion seconded by Councilor Esther.
City Clerk requested that Council amend the proposed ordinance by replacing the Alternate
and Presiding Judges in City Box 9 with Lisa Talley as Presiding Judge and Barbara Holley as
Alternate Judge.
Moved by Councilor Elmore that proposed Ordinance be amended by appointing Lisa
Talley as Presiding Judge and Barbara Holley as Alternate Judge to City Box 9.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 8b
ORDINANCE NO. 12-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, REZONING 4500 & 4426 KELL BOULEVARD, DESCRIBED AS BEING
THE NORTH PORTION OF LOTS 3 & 4, BLOCK 28, FOUNTAIN PARK, SECTION
18-B AND ADJACENT EASEMENT, 0.88 ACRES IN ALL, FROM SINGLE FAMILY-
1 TO GENERAL COMMERCIAL; 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.12-2005 be passed.
527
Item 8b continued
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 8c
ORDINANCE NO. 13-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, REZONING 1400 WEST RATHGEBER ROAD, BEING 5 ACRES OUT OF
BLOCK 3, TRACT 2, CHEROKEE COUNTY SCHOOL LAND FROM RESIDENTIAL
MIXED USE TO GENERAL COMMERCIAL ZONING; 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. 13-2005 be passed.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 8d
ORDINANCE NO. 14-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
CLOSING, ABANDONING, AND VACATING A PORTION OF BROOK AVENUE
ADJACENT TO THE WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH DISTRICT
BUILDING, 1700 THIRD STREET, AND RETAINING A UTILITY EASEMENT; 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. 14-2005 be passed.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
Item 8e
ORDINANCE NO. 15-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, MAKING AN APPROPRIATION IN THE GENERAL FUND IN THE
AMOUNT OF $28,000 TO REIMBURSE THE KICKAPOO AIRPORT FUND FOR
PROCEEDS FROM THE SALE OF PROPERTY; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Gonzalez that Ordinance No. 15-2005 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Gonzalez, and Elmore
Nays: None
528
Item 9a
Councilor Ammons asked about the status of the Mobile Data Terminals for the police cars.
City Manager informed that this was a three-tier project and after some discussion Staff
decided it would be overwhelming for all involved to do all three tiers at one time. Also, there was a
limit as to how much 4-13 could afford at that time. We decided to wait. It has just been put on
hold until you can financially handle that; it has never been funded. The approximate cost would
be $3 million for about 160 vehicles. He noted that there is a big fund balance in 4A, however
those funds are essentially encumbered.
Councilor Ammons asked about the signage on Wendover Street by Johnny Carino's
Restaurant. She expressed concern that there was not enough room for two vehicles on that
street when a vehicle was turning onto Wendover from Kell. Mr. Darron Leiker replied that there
were "No Parking" signs from the south entrance to the intersection of Kell and Wendover. He will
check into the signs.
Mayor Pro Tern Williams asked about the opening of the Public Safety Facility. Mr. Matt
Benoit informed that an open house would be held March 13.
Mayor Pro Tern Williams referred to the cemetery situation and requested that a survey be
done of when these things were happening. Mayor Pro Tern Williams mentioned the possibility of
locking or securing the gate entrance to the cemeteries and asked that the Police explore possible
avenues. She commented that we can take steps to rectify as much as possible. Chief Bachman
will look into this.
Mayor Pro Tern Williams asked that additional patrols be considered where shootings have
occurred at Sullivan and Smith Streets. She encouraged that the citizens provide any information
they may have on criminal activity in their area in order to assist the Police Department.
Mayor Pro Tern Williams reminded the Council to consider conducting a public forum once
a year possibly in the summer with an independent moderator; this would be more of a listening
time for the Council. She also suggested that district meetings be held every ten weeks to spotlight
what is happening in that district; this would be a time for Council to be more engaged by providing
information. She asked that the Councilors get with her on this.
Item 9b
There were no staff reports.
Item 9c
City Council went into Executive Session at 11:11 a.m. as authorized by Section 551.074 of
the Texas Government Code.
City Council reconvened at 12:07 p.m.
Mayor Pro Tern announced that no votes were taken during Executive Session.
Item 9d
No action was taken on a proposed resolution authorizing the Mayor to execute an
agreement with the Director of Administrative Services, Jan Stricklin.
529
Item 10
City Council adjourned at 12:13 p. m.
PASSED AND APPROVED this day of 2005.
ARTHUR B. WILLIAMS
MAYOR PRO TEM
ATTEST:
J
Lydia Oruna
City Clerk
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, March
1 , 2005, Beginning At 8:30 a.m.
City Council: Mayor Pro Tem Arthur Bea Williams, Councilors
Linda Ammons, James Esther, Michael Norrie, Ray
Gonzalez, and Charles Elmore.
1 . Call to Order.
2. (a) Invocation: Rev. Robert Allen
First United Methodist Church
(b) Pledge Of Allegiance
3. Presentations: (a)Employee Of The Month
(b) Proclamations In Recognition Of:
Taste of the Town & Adult Literacy Month
END OF TELEVISED SEGMENT
4. Comments From The Public To Members Of The City Council
Concerning Items That Are Not On The City Council. People
Wishing To Address The Council Should Sign Up Prior To The
Meeting Commencing.
RESUME TELEVISED SEGMENT
4a. Approval of Minutes.
CONSENT AGENDA
5. Resolutions:
a. Resolution Accepting The IS Fiber Optic Cable Project,
CWF04-413-25 And Authorizing Final Payment To Fiber
Network Solutions, Inc. (City Council Bill #40)
6. Receive Minutes:
a. Clean Community Commission Meeting — January 19, 2005.
b. Commission On Human Needs — January 17, 2005
c. Transportation Policy Committee (TPC) Metropolitan
Planning Organization — December 3, 2005
City Council Agenda
Tuesday, March 1, 2005
Page 2
d. Transportation Policy Committee (TPC) Metropolitan
Planning Organization — October 20, 2004
e. Planning & Zoning Commission — January 12, 2005
f. Employee Benefits Trust Meeting — January 24, 2005
REGULAR AGENDA
7. Resolutions:
a. Resolution To Approve Change Order #2 For The
Membrane Facility Project (CWF03-544-160. (City Council
Bill #41)
b. Resolution Authorizing The Purchase Of An Autotitrator And
Upgrades From CSC Scientific. (City Council Bill #42)
c. Resolution Authorizing Award Of Bids For The Rehabilitation
Of Property Located At 2015 Tilden. (City Council Bill #43)
d. Resolution Rejecting Proposals For The Rehabilitation Of
Property Located AT 2107 Brown. (City Council Bill #44)
e. Resolution Approving Change Order No. 1 To The 2004
Water Budget Utilities Improvement Project (BUIP), CWF04-
550-12. (City Council Bill #45)
f. Resolution Authorizing Award Of Bid For The Purchase Of A
PCR Thermal Cycler To Fisher Scientific, LLC. (City Council
Bill #46)
g. Resolution Amending Resolution No. 77-2002, Governing
Rules Of Procedure For The City Council Of The City Of
Wichita Falls. (City Council Bill #47)
h. Resolution Authorizing The City Manager To Apply For A
Fiscal Year 2005 Byrne Memorial Justice Assistance Grant
(JAG) Program Award And To Sign A Memorandum Of
Understanding With Wichita County Authorizing The City Of
Wichita Falls To Administer The Allocation Of The JAG
Award. (City Council Bill #48)
8. Ordinances:
a. An Ordinance Of The City Council Of The City Of Wichita
Falls Calling For A Special-General Municipal Election To Be
held May 7, 2005, Naming Polling Places, And Election
Officials. (City Council Bill #49)
City Council Agenda
Tuesday, March 1, 2005
Page 3
b. Ordinance Rezoning 4500 & 4426 Kell Boulevard, Described
As Being The North Portion Of Lots 3 & 4, Block 28,
Fountain Park, Section 18-B And Adjacent Easement, 0.88
Acres in All, From Single Family-1 To General Commercial.
(City Council Bill #50)
c. Ordinance Rezoning 1400 West Rathgeber Road, Being 5
Acres Out Of Block 3, Tract 2, Cherokee County School
Land From Residential Mixed Use (RMU) To General
Commercial (GC) Zoning. (City Council Bill #51)
d. Ordinance Closing, Abandoning, And Vacating A Portion Of
Brook Avenue Adjacent To The Wichita Falls-Wichita County
Public Health District Building, 1700 Third Street, And
Retaining A Utility Easement. (City Council Bill #52)
e. Ordinance Making An Appropriation In The General Fund In
The Amount Of $28,000 To Reimburse The Kickapoo Airport
Fund For Proceeds From The Sale Of Property. (City
Council Bill #53)
9. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
c. Executive Session-
(1) Evaluation Of Director Of Administrative Services, As
Authorized By Section 551.074 Of The TExAs GOVERNMENT
CODE.
(2) Briefing By City Attorney Regarding Status Of And Possible
Settlement Of Pending Litigation, Roberts V. City Of
Wichita Falls, Cause No. 138,800-C; As Authorized By
Section 551.071 Of The TExAs GOVERNMENT CODE.
d. Open Session: Resolution To Authorize The Mayor To Sign
A Separation Agreement & Release With Director Of
Administrative Services, Jan Stricklin. (City Council Bill #54)
10. Adjourn.
City Council Agenda
Tuesday, March 1, 2005
Page 4
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