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Min 04/05/2005 543 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building April 5, 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. - Michael Norrie - Ray Gonzalez - Charles Elmore - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor Pro Tern called the meeting to order. Item 2a Pastor Harvey McMurray, City View Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Mayor Pro Tern recognized the guests from our Sister City Furstenfeldbruck. Item 3a Mrs. Patti Robinson, Traffic Control Technician 1, Traffic Engineering Department, was recognized as employee of the month for April 2005. Mayor Pro Tern presented Mrs. Robinson with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Item 3b Mayor Pro Tern proclaimed the month of April 2005 as "Child Abuse Prevention Month in Wichita Falls" and encouraged citizens to join them in this worthy cause. John Roberts, Executive Director of the Wichita County Child Welfare Board, Jennifer Estes, President of the Wichita County Welfare Board and Geneva Schoeder accepted the proclamation. Item 3c Mayor Pro Tern informed that the Patsy Baggett Children's Service Award was established in 1997 by the Child Welfare Board in recognition of individuals providing outstanding service to neglected children in Wichita County. Mayor Pro Tern recognized Mr. Ed Lane and Mr. Bret W. Hale as recipients of this year's Patsy Baggett Children's Service Award and applauded their efforts on behalf of the children. Mr. Lane and Mr. Hale expressed honor and appreciation for being presented this award. 544 Item 3d Mayor Pro Tern proclaimed the month of April as "Sexual Assault and Prevention Month" and encouraged everyone to become active participants to end sexual assaults. Mrs. Dorothy Roberts-Burns, President of First Step, and Xochil Pruitt, Director of First Step, accepted the proclamation. Item 3d Mayor Pro Tern proclaimed April 9, 2005 as "Gilbert Memorial Christian Methodist Episcopal Church Day in Wichita Falls" in commemoration of their 100th anniversary. Reverend Amy Lakey, Gilbert Memorial Christian Methodist Episcopal Church Pastor, accepted the proclamation and expressed appreciation to the Council for this recognition. Mayor Pro Tern introduced the German delegation from our sister City Furstenfeldbruck and gave a warm welcome to the ten delegates. Mrs. Mary Sims, Health Department employee, served as the interpreter. Mayor Sepp Kellerer expressed appreciation for the warm Wichita Falls welcome and brought greetings from Furstenfeldbruck. Mayor Kellerer expressed hopes that this twenty-year partnership will continue for many more years. Mayor Pro Tern noted that the delegation would be traveling to Oklahoma today so they would not be able to attend the rest of the Council meeting. She invited everyone to attend a brief reception in the Council Chambers for the German visitors. Council recessed at 9:05 a.m. Council reconvened at 9:32 a.m. Item 4 Mayor Pro Tern provided detailed information about the test pilot that is in effect regarding the use of the Public Comment Cards. Mr. Jerry Vandiver, Public Information Officer, explained the newly installed Limitimer system and its functions. Don Roberts, 3242 Southwest Drive, suggested that the sign-in sheet for public comments be retained and that those persons be first on the list to speak, not the ones on the Public Comment Cards. Alex Moffat, 21 n 00 Santa Fe #910, spoke in defense of the U.S. Bill of Rights. He stated that later in the spring they are going to present a resolution to the Council regarding some aspects of the Patriot Act. Their resolution is modeled after the City of Dallas' resolution. He hopes our City Council will speak for the Bill of Rights and the Constitution. Tom Scheuller for Paul Scheuller, 1233 35th Street, requested a one-week extension to April 8, 2005, to obtain a building permit to rehab the structure at 1233 35th Street. City Attorney informed Council that they could bring this item back in two weeks. Staff was directed to place this item on the April 19, 2005 Council agenda. Mr. Clark stated that they are prepared to go to demolition in accordance with previous Council action. Mayor Pro Tern stated that it can be brought back but staff has previous Council action to proceed. Councilor Elmore asked what course would be taken if he obtained the building permit and started repairs on the property. Mr. Clark replied that staff is not in the position to issue him a building permit with the Council action currently in effect which is to demolish the structure. Without Council action we cannot issue a building permit. Councilor Elmore asked if there was any way at this time to authorize that he be given a building permit? City Attorney informed that Council couldn't act on that because it is not on the agenda. The best thing for him to do if he has everything ready is to bring it to the Council's attention two weeks from today. Councilor Norrie asked for Mr. Clark's recommendation. Mr. Clark stated that he did not know the situation of preparedness to rehab the property, but the City's goal is to get properties rehabbed not to demolish them, and if waiting for two weeks before action is taken we do not have to demolish it. 545 Item 4 continued Mayor Pro Tern informed Mr. Scheuller that he can make his presentation to Council in two weeks and he needs to be ready if the Council grants him extra time to take action that day. Mayor Pro Tern stated that Marilyn Scott had signed up to speak but was not present. Item 5 The Minutes were approved with one correction. Items 6a-7g 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 Esther and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None RESOLUTION NO. 45 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) 1-TON TRUCK WITH SERVICE BODY TO PHILPOTT MOTORS, IN THE AMOUNT OF $29,898.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW RESOLUTION NO. 46 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR CITY EMPLOYEES 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 Minutes of the following board and commission meetings were received. a. Civil Service Commission —January 20, 2005 b. Civil Service Commission —January 25, 2005 c. Civil Service Commission — February 17, 2005 d. Library Advisory Board — February 22, 2005 e. Clean Community Commission — February 16, 2005 f. Landmark Commission — December 13, 2004 g. Park Board — February 24, 2005 Item 8a ORDINANCE NO. 18-2005 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 Ammons that Ordinance No. 18-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. 546 Item 8a continued Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8b ORDINANCE NO. 19-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL RYAN WHITE II GRANT FUNDING IN THE AMOUNT OF $199,593 RECEIVED FROM THE TEXAS 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. 19-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8c ORDINANCE NO. 20 -2005 ORDINANCE MAKING AN APPROPRIATION IN THE AMOUNT OF $8,750 AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT CONTRACT WITH THE TEXAS HISTORICAL COMMISSION; 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. 20-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8d ORDINANCE NO. 21-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING AND APPROPRIATING THE FUNDS RECEIVED FROM A DEPARTMENT OF HOMELAND SECURITY, ASSISTANCE TO FIREFIGHTERS GRANT; 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. 21-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 547 Item 8e ORDINANCE NO. 22-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING ORDINANCE NO.11-2005 TO REPLACE THE ELECTION OFFICIAL AT CUNNINGHAM SCHOOL, CITY BOX 8; 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. 22-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 8f ORDINANCE NO. 23-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SEC. 82-62 OF THE CODE OF ORDINANCES TO PERMIT SALES IN LAKE WICHITA PARK AT THE GAMES OF THE 2005 YMCA YOUTH BASEBALL LEAGUE; 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. 23-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9a RESOLUTION NO. 47-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE WITH THE LAKE KICKAPOO VOLUNTEER FIRE DEPARTMENT AND COMMUNITY CENTER FOR TWENTY-FIVE (25) YEARS BEGINNING ON APRIL 15, 2005 THROUGH APRIL 15, 2030 WITH A TWO (2) YEAR EXTENSION OPTION; 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. 47-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9b RESOLUTION NO. 48 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A WATER PURCHASE CONTRACT WITH THE CITY OF IOWA PARK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 548 Item 9b continued Moved by Councilor Elmore that Resolution No. 48-2005 be passed. Motion seconded by Councilor Gonzalez. Mike Price, City Administrator of the City of Iowa Park, informed that they are asking for an increase of 2.2 million gallons. Mr. Price added that the City of Iowa Park would like to be a pass- through to the City of Electra. He informed that Electra has a Water Contingency Plan and noted that Iowa Park follows the same guidelines as Wichita Falls. Paul Hayers, City Attorney for the City of Electra, informed that they have a pressing need for water. He detailed what they have been doing to address their needs, and requested that Council approve this resolution. City Attorney stated that for clarification purposes the third sentence in Section 5.0 of the contract needed to be amended to read as follows: "Except for the contract between Iowa Park and the Wichita Valley Water Supply Corporation and the contract between Iowa Park and the City of Electra, Iowa Park shall not sell water to any other private or governmental party for resale to third parties." Councilor Norrie requested that Mr. Scott Taylor provide this process to Council in memo form. Moved by Councilor Norrie to amend the third sentence in Section 5 of the contract to read as follows: "Except for the contract between Iowa Park and the Wichita Valley Water Supply Corporation and the contract between Iowa Park and the City of Electra, Iowa Park shall not sell water to any other private or governmental party for resale to third parties." Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None City Council recessed at 10:50 a.m. and reconvened at 11:10 a.m. Item 9c RESOLUTION NO. 49 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF JOHN DEERE TRACTORS THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM FROM AG-POWER, INC., IN THE AMOUNT OF $82,970.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No.49-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 549 Item 9d RESOLUTION NO. 50-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) FLAIL MOWER AND ONE (1) BOOM MOWER THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM FROM TIGER MOWERS, IN THE AMOUNT OF $71,371.38; 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. 50-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Pro Tem Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9e RESOLUTION NO. 51-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) 60,000 GVW CAB & CHASSIS FROM BRUCKNER'S TRUCK SALES, IN THE AMOUNT OF $180,974.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Gonzalez that Resolution No. 51-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9f Mayor Pro Tern informed that two resolutions, Council Bill 77 and Council Bill 77A were presented for Council consideration. Council Bill 77 would authorize the purchase of cab and chassis and one-ton trucks from Pruitt Ford in the amount of$75,883.25; Council Bill 77A would authorize the purchase from Herb Easley at $77,500.00. Moved by Councilor Ammons that Council Bill 77A be passed. Motion seconded by Councilor Norrie. It was noted that over time the City is going to lose bidders because of the 3% rule. David Brock stated that Pruitt Ford is a local dealership located on Jacksboro Highway. Charles Bowen, Herb Easley Representative, stated that he has been before Council previously, noting that they have lost money on some of the bids. He requested that Council invoke the 3% rule, noting that they have 136 employees with $4.5 million in salaries. Motion failed by the following vote. Ayes: Councilor Ammons Nays: Mayor Pro Tern Williams, Councilors Esther, Norrie, Gonzalez, and Elmore. Council Bill 77 was considered at this point. 550 Item 9f continued RESOLUTION NO. 52-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) 1-TON CAB & CHASSIS AND TWO (2) 1-TON TRUCKS WITH BODIES FROM PRUITT FORD IN THE AMOUNT OF $75,883.25. 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. 52-2005 (Council Bill 77) be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Esther, Norrie, Gonzalez, and Elmore Nays: Councilor Ammons Item 9g RESOLUTION NO. 53-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF REFUSE COLLECTION BODIES THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM FROM HEIL ENVIRONMENTAL INDUSTIRES, LTD., IN THE AMOUNT OF $136,050.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Gonzalez that Resolution No.53 -2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9h RESOLUTION NO. 54-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING SETTLEMENT AGREEMENT BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY TXU ELECTRIC DELIVERY AND THE ELECTRIC DELIVERY COMPANY; 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. 54-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9i RESOLUTION NO. 55-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM FROM MOTOROLA, IN THE AMOUNT OF $53,170.12; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 551 Item 9i continued Moved by Councilor Elmore that Resolution No. 55-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9i RESOLUTION NO. 56-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE REHABILITATION OF PROPERTY LOCATED AT 2107 BROWN TO MIKE GIBBS CONSTRUCTION IN THE AMOUNT OF $55,430.00;.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. 56-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 9k RESOLUTION NO. 57 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONFIRMING THE APPOINTMENT OF A FIRE CHIEF FOR 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 Elmore that Resolution No. 57-2005 be passed. Motion seconded by Councilor Esther. City Manager mentioned that this was his and Fire Chief Lindsey's last Council meeting. He took the opportunity to commend Chief Lindsey for doing an outstanding job and express his appreciation for a job well done. City Manager announced Chief Lindsey's successor—Assistant Fire Chief Earl Foster. Earl will continue the current Fire Chief's service. City Manager gave a brief work history on Assistant Fire Chief Foster, stating that he is the best one suited for the Fire Department and asked that Council confirm his appointment. Mayor Pro Tern and Councilors commended Chief Lindsey for his excellent service to the City and it's citizens. They expressed approval in the choice of Assistant Fire Chief Earl Foster as Chief Lindsey's successor. Councilors Elmore and Esther agreed to include in their motion that Earl Foster be accepted as Fire Chief. Motion carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Assistant Fire Chief Foster expressed appreciation for the appointment and stated that it is an honor to be representing an organization as fine as the Wichita Falls Fire Department. I will work hard to keep us going in the right direction. 552 Item 91 This item will be considered in Executive Session. Item 9m RESOLUTION NO. 59-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPOINTMENT TO THE POSITION OF MAYOR FOR 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 Norrie that Resolution No. 59-2005 be passed inserting the name of Arthur Bea Williams in the blank. Motion seconded by Councilor Esther. Councilor Norrie noted that it was a privilege to make the motion to appoint the first African American female as the Mayor. Motion carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors, Esther, Norrie, Gonzalez, and Elmore Nays: Councilor Ammons Mayor Williams expressed appreciation and stated that it was important to hear that since she was performing the Mayoral duties that she get the title to go with those duties. Item 9n RESOLUTION NO. 60-2005 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE OWNERS OF 297 LOVELACE LANE, LOTS 3 & NORTH HALF 4, BLOCK 1, ARROWHEAD ACRES SECTION 1, AN ADDITION TO CLAY COUNTY, TEXAS FOR A PORTION OF THEIR HOME THAT ENCROACHES APPROXIMATELY 388 SQUARE FEET ACROSS THE 930' ELEVATION ONTO CITY OWNED PROPERTY LOCATED AT LAKE ARROWHEAD; 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. 60-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Mayor Williams announced that the Executive Session would be taken out of order and considered at this time. Item 10c (2) City Council went into Executive Session at 12:28 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 12:47 p.m. Mayor Pro Tern announced that no votes were taken during Executive Session. 553 Item 91 RESOLUTION NO. 58 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING INTERIM CITY MANAGER; 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. 58-2005 be passed with the insertion of Darron Leiker in the blank. This appointment will take effect April 16, 2005. Motion seconded by Councilor Esther. Councilor Ammons clarified that her motion includes the authorization for the Mayor to sign an employment agreement while Mr. Leiker serves in the position of Interim City Manager. Councilor Esther agreed to this addition to the original motion. Motion carried by the following vote. Ayes: Mayor Pro Tern Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None Item 10c (1) City Council went into Executive Session at 1:02 p.m as authorized by Section 551.071 of the Texas Government Code. City Council reconvened at 1:37 p.m. Mayor Pro Tern announced that no votes were taken during Executive Session. Item 10a Councilor Ammons expressed concern regarding all the trash in the City and suggested initiating a program for elementary schools to help with a cleanup effort. Mr. Scott Taylor informed that staff would work with the Clean Community Commission and the WFISD. Mayor Williams suggested putting the rollout containers near Lincoln Park four times a year for the City cleanup program and that this become something standard. Mr. Taylor will look into this and work on additional ideas. Councilor Gonzalez asked if there was an ordinance that addresses blowing grass clippings into the street. Mr. Taylor stated that we have the ability to cite them. Mr. Taylor noted that the grass clippings end up in the sewer causing problems. Mayor Williams mentioned that it was the commercial people as well as homeowners. Councilor Esther felt that the person who hires these commercial people is responsible for seeing that they do not blow the grass clippings into the street. Councilor Gonzalez mentioned the need to have hauling loads covered. Mr. Taylor informed that all loads are required to be tarped or they will not be received at the landfill and if they dump the load the City can now get enough information to cite them. Councilor Gonzalez asked about a program that the City of Denton has regarding making diesel fuel from refuse. Chief Bachman informed it is a program where the grease used in the restaurants is refined and blended with a certain portion of the diesel. Councilor Norrie congratulated Assistant Fire Chief Foster and Interim City Manager Leiker on their appointments. He said he would rather be in Jim Berzina and Harold Lindsey's spot looking forward to a retirement. Councilor Esther said that Maurine Street is looking good but it still needs a long way to go in cutting the grass and putting in shrubs. He has received complaints about 18-wheeler tractors parked in residential areas and if this continues they are going to be cited by the Police. We need to look at this and take it seriously. 554 Item 10a continued Councilor Esther thanked the Council for their wisdom in selecting a new Fire Chief and Interim City Manager as well. Continue to pray for us. Councilor Elmore would like, because of all the changes taking place, to see a group of creative people in some form of organization look at long range planning for the City, such as proposals to beautify the City. He mentioned murals on the buildings. I would like to see a long- range plan for something other than business as usual for the City of Wichita Falls. Mayor Williams mentioned that she had spoken to Mr. Leiker about getting some help for a pedestrian crossing Southwest Parkway and Taft. Mr. Leiker said that they are looking into that. The challenge is to sequence the signals and we are looking into the timing. Mayor Williams asked that staff check for Code infractions in District 2, specifically 7th Street, Eastside Drive, and Tulsa Street. Mayor Williams stated that they have had a good visit with the Furstenfeldbruck delegation and a lot of people have donated a lot of time and help. Staff has worked overtime making sure these things happen and happen really well. Item 10b Mr. Dave Clark, Community Development Director, reported on the Tax Increment Financing Reinvestment Zone #2. Mr. Clark informed that there is a consideration for a second TIF District and the proposed location is the Lawrence Road area. He explained the guidelines and requirements involved. Some potential development projects would be to develop the Callfield Reliever also known as the Maplewood Extension. Other potential projects are the connection of Lawrence Road to Rhea Road and Wenonah connecting to new roadway, Maplewood. Launching into this, requires a coordination with the County, development of a financial plan, a project plan, and the appointment of an advisory board that would make recommendations and oversee this on behalf of the City Council. Today I am seeking Council guidance on whether you want us to pursue this. Formal action would be to pass an ordinance designating another TIF District. I am asking for Council direction. Councilor Elmore wanted to know who initiates this and how do we get started. Mr. Clark replied that the City has the authority to accept the development of a TIF District with a blessing of the county. It is a joint initiative. Mr. Clark clarified that we are only talking about infrastructure development with streets, sewers, etc. whereas downtown has been used more for incentive and it has been very successful. He reiterated that this would be only for infrastructure. Councilor Norrie mentioned that a lot of the infrastructure is already in the MPO Plan. Mr. Clark stated that the start of it is staff driven. He mentioned some of the things that need to be accomplished such as defining the tax base, writing a project plan and a financial plan, however all this does not need to be solved upfront, it is a plan that can be subject to change. Much of the work will be staff accomplished with assistance from outside sources. City Manager informed that there is an existing TIF district with a different purpose from what is being proposed here. What is happening in this case is that a TIF is being proposed to build infrastructure that does not exist and we are seeking Council direction. He explained the differences between the existing TIF district and the proposed one. He explained the process and what would happen under certain situations. Council directed staff to move forward with this and bring back formal documentation for Council action. Andy Lee introduced the developer, Paul Blackburn from San Antonio, who brought Ross and Linens & Things to Wichita Falls. He informed that they are proposing a 200,000-250,000 square foot shopping center. It is a vehicle to clean up the Callfield industrial region and turn it into something really nice that everybody could be proud of. I think we are in the right direction to initiate this TIF Zone and would like to see this happen and I think it is an important element to the success of the shopping center and it is important to this region and the City. I look forward to working with you and making it happen. 555 Departing Comments from City Manager. City Manager commented that this would be his last meeting that he would share with the Council. City Manager made the following statements. After 600 Council meetings you don't leave lightly but at the same time I feel comfortable where you are taking it. Now that it is here it is strange to know that this is the last Council meeting but also I feel pretty good. As I think about what went on in this room the last 22 years I see a lot of issues. I have been told over and over that it is a changed City, and I hope that is true because they tell me it is for the best. I see a lot of faces, some of those faces you can see on the pictures in the conference room; a lot are your (Council's) predecessors. I always said that the smartest council I ever had was the one that hired me. I can't always say that because there have been wonderful programs and projects that have been done over the years and it has been a lot of fun to be a part of that. I think of the staff. Every time I gave speeches I was asked what was the best thing going for the City or what my greatest accomplishment was. I would always respond, "putting together a staff that did these things". Whether you are talking about what you can see and is very apparent that is in the City like buildings, parks, police and fire facilities, equipment, etc. That is apparent when you look at some of things that nobody really realizes is there until it does not work, like water and sewer lines, the landfill, etc. These facilities are going to be with us a long time and in good shape. Predecessors on the staff have been responsible for some of that and current staff will continue with that evolving process. I took this job almost reluctantly. I left those beautiful Ozarks and made some jokes about just the quality and color of the water, but his wife, Carol, encouraged him to go and do for this City what he had done for two other cities - improvement, and I think we did that. He thanked the staff, noting that it was fun working with them and he feels that they are friends and hopes it will always be that way. When you take a job like this it is a duty and responsibility and I want you to know how much I have enjoyed it. I loved being the City Manager of this City and it is hard to leave it but it is something that has to be done. It is something I was planning on and I think the City is better than I found it. Thank you. Mayor Williams commented that through Jim Berzina, City Manager, she has seen grace and dignity under very difficult situations. You have shown integrity and principles and loyalty to a fault. For those reasons I personally thank you and am glad to have known you. I wish I could have worked for you because the loyalty you have shown to your employees typifies what we ought to have an employer do for us because you could have taken an easy way out for yourself. What you have done on behalf of the employees is absolutely monumental, historic. Everybody who knows you should thank you and I personally thank you and I hope you stay here because we need people of your character and caliber in this town. I know history is going to treat you well. Councilor Esther said that he hopes that Mr. Berzina stays here because you are in an ideal situation because you have a son in Austin and a daughter in Tulsa and this could be your point of neutrality. You can get to them in a couple of hours. Thank you for your assistance in helping me to understand the operation of the City, and also thank you for bringing the honor and dignity that we really need. Item 11 City Council adjourned at 2:30 p. m. PASSED AND APPROVED this _day of , 2005. ! , `�L/' - ARTHUR B. WILLIAMS MAYOR ATTEST: ch Vfk1L- ---�C<t= Lydia 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, April 5, 2005, Beginning At 8:30 a.m. City Council: Mayor Pro Tern Arthur Bea Williams, Councilors Linda Ammons, James Esther, Michael Norrie, Ray Gonzalez, and Charles Elmore. 1 . Call to Order. 2. (a) Invocation: Pastor Mike McMurray City View Baptist Church (b) Pledge Of Allegiance 3. Presentations: (a) Employee of The Month (b) Child Abuse Prevention Month (c) Sexual Assault Prevention Month R E C E S S 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval of Minutes. CONSENT AGENDA 6. Resolutions: a. Resolution Authorizing Award Of Bid For The Purchase Of One (1) 1-Ton Truck With Service Body. (City Council Bill #65) City Council Agenda Tuesday, April 5, 2005 Page 2 b. Resolution Of The City Council Of The City Of Wichita Falls, Texas Authorizing A Conflict Of Interest Waiver For City Employees Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs. (City Council Bill #66) 7. Receive Minutes: a. Civil Service Commission — January 20, 2005 b. Civil Service Commission — January 25, 2005 c. Civil Service Commission — February 17, 2005 d. Library Advisory Board — February 22, 2005 e. Clean Community Commission — February 16, 2005 f. Landmark Commission — December 13, 2004 g. Wichita Falls Park Board Meeting — February 24, 2005 REGULAR AGENDA 8. Ordinances: a. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Health And Human Services Commission (HHSC) In The Amount Of $3,394.52 And Authorizing The City Manager To Execute A Contract Accepting Same. (City Council Bill #67) b. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Ryan White II Grant Funding In The Amount Of $199,593 Received From The Texas Department Of State Health Services And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #68) c. Ordinance Making An Appropriation In The Amount Of $8,750 Authorizing The City Manager To Execute A Grant With The Texas Historical Commission. (City Council Bill #69) d. An Ordinance Accepting And Appropriating The Funds Received From A Department Of Homeland Security, Assistance To Firefighters Grant. (City Council Bill #70) e. Ordinance Amending Ordinance No.11-2005 To Replace The Election Official In City Box 8. (City Council Bill #71) City Council Agenda Tuesday, April 5, 2005 Page 3 f. Ordinance Waiving Sec. 82-62 Of The Code Of Ordinances To Permit Sales In Lake Wichita Park At The Games Of The 2005 YMCA Youth Baseball League. (City Council Bill #71A) 9. Resolutions: a. Resolution Authorizing The City Manager To Enter Into A New Lease With The Lake Kickapoo Volunteer Fire Department For Twenty-Five (25) Years Beginning On April 15, 2005 Through April 15, 2030 With A One time Optional Two (2) Year Extension. (City Council Bill #72) b. A Resolution Of The City Council Of The City Of Wichita Falls, Texas, Approving A Water Purchase Contract With The City Of Iowa Park. (City Council Bill #73) c. Resolution Authorizing The Purchase Of Two (2) John Deere Tractors Through he Houston-Galveston Area Council Of Governments Cooperative Purchasing Program From Ag- Power, Inc. (City Council Bill #74) d. Resolution Authorizing The Purchase Of One (1) Flail Mower And One (1) boom Mower Through The Buyboard Cooperative Purchasing Program From Tiger Mowers. (City Council Bill #75) e. Resolution Authorizing Award Of Bid For The Purchase Of Two 92) 60,000 GVW Cab & Chassis. (City Council Bill #76) f. Resolution Authorizing Award Of Bid For The Purchase Of One (1) Each 1 Ton Cab & Chassis And Two (2) 1-Ton Trucks With Bodies. (City Council Bill #77 / #77A) g. Resolution Authorizing The Purchase Of Two (2) Front Load Refuse Bodies Through The Houston-Galveston Area Council Of Governments Cooperative Purchasing Program From Heil Environmental Industries, LTD. (City Council Bill #78) h. Resolution Approving Settlement Agreement Between The Steering Committee Of Cities Served By TXU Electric Delivery And The Electric Delivery Company. (City Council Bill #79) i. Resolution Authorizing The Purchase Of Various Radio Communication Equipment Through The Houston-Galveston City Council Agenda Tuesday, April 5, 2005 Page 4 Area Council Of Governments Cooperative Purchasing Program From Motorola. (City Council Bill #80) j. Resolution Authorizing Award Of Bid For The Rehabilitation Of Property Located At 2107 Brown. (City Council Bill #81) k. Resolution Confirming The Appointment Of A Fire Chief For The City Of Wichita Falls. (City Council Bill #82) I. Resolution Appointing Interim City Manager. (City Council Bill #83) m. Resolution Making An Appointment To The Position Of Mayor. (City Council Bill #84) n. Resolution Authorizing The City Manager To Execute An Encroachment Agreement With The Owners of 297 Lovelace Lane, Lots 3 & North Half 4, Block 1, Arrowhead Acres Section 1, An Addition To Clay County, Texas For A Portion Of Their Home That Encroaches Approximately 388 Square Feet Across The 930' Elevation Onto City Owned Property Located At Lake Arrowhead. (City Council Bill #85) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. (1)Community Development: Tax Increment Financing Reinvestment Zone #2 c. Executive Session: (1) Briefing By City Attorney Regarding Status Of And Possible Settlement Of Pending Litigation, Enrique Miranda Mendoza v. City of Wichita Falls, et al; Cause No. 7-03CV-179-R; As Authorized By Section 551 .071 Of The Texas Government Code. (2) Deliberate The Appointment Of An Interim City Manager, As Authorized By Section 551 .074 Of The Texas Government Code. 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. City Council Agenda Tuesday, April 5, 2005 Page 5 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