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Min 04/19/2005 532 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building April 19, 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 Linda Ammons - Councilors James Esther, Jr. - Ray Gonzalez - Charles Elmore - Michael Norrie - Absent Darron Leiker - Interim City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Pastor Ron Bernard, Heritage Assembly of God, gave the invocation. Item 2b Councilor Gonzalez led the Pledge of Allegiance. Item 3 Lydia Ozuna, City Clerk, administered the oath of office to Arthur Bea Williams, who will serve the unexpired term of Mayor. Mayor Williams will serve until her replacement is qualified and sworn in. Mayor Williams introduced her daughter, Andrea Lynn Williams. Mayor Williams expressed appreciation to the City Council for this appointment and promised to be the Mayor for all of Wichita Falls. Item 4a Mayor Williams proclaimed April 28, 2005 as "Oncology Nursing Day in Wichita Falls", and expressed appreciation for their service. Accepting the proclamation were Kim George, In-Patient Coordinator, Charles Sager, Outpatient Infusion Coordinator, Michelle Nelson, Director Ambulatory Care, Jane Gardener, Clinical Director, and Ellen Canon, Oncology Coordinator. Item 4b Mayor Williams proclaimed April 25, 2005 as "Red Hat Society Day in Wichita Falls". Accepting the proclamation were Jo Ann Bentley, Area Director and other local members. 533 Item 4c Mayor Williams proclaimed April 25, 2005 as "Equal Pay Day in Wichita Falls". Melodie Berry, President of Business & Professional Women and Barbara Lingle, Member of Business & Professional Women, accepted the proclamation. BPW President Berry informed that the inequity was $0.77 for women to $1.00 for male counterparts; and she asked that employers work hard to narrow that gap. Item 4d Mike Edgin, representative from Mathis, West & Huffines, presented the Comprehensive Annual Financial Report and Audit. Item 5 Bobby Nunn, 2600 Bretton, with Quality Homes, 1526 Iowa Park Road, asked for the City's curb & gutter requirements at Cartwright Road. Some areas on Cartwright Road have not been required to put in curb and gutter. This item will be placed on a future Council agenda to discuss the cub and gutter requirements. David Brock, 320 Hilltop, was opposed to the time clock and the public comment cards. He provided the following ideas on ways to improve funding: Set up a process to sell City surplus vehicles, land, etc. on the City's Website, and look at selling name rights of the Coliseum for additional revenue. Mayor explained the reasons for the time clock. Myra Weeks gave an update on Teen Court. A.V. Mote, 6068 Clyde Morgan Road, signed up to speak but it was an item that was on the agenda. Item 6 The Minutes of April 1 and April 5 were approved as distributed. Items 7a-7b Interim 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 Ammons and carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Minutes of the following board and commission meetings were received. a. Traffic Safety Commission — March 2, 2005 b. Planning & Zoning Commission — March 9, 2005 534 Item 8a ORDINANCE NO. 24-2005 ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL GRANT REVENUE FROM THE STATE OF TEXAS FOR THE TEXAS DEPARTMENT OF TRANSPORTATION SELECTIVE ENFORCEMENT PROGRAM WAVE GRANT (FY 2005) FOR TRAFFIC ENFORCEMENT AND AUTHORIZING THE CITY MANAGER TO ACCEPT SAME; 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 Ordinance No. 24-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8b ORDINANCE NO. 25-2005 ORDINANCE AMENDING ORDINANCE 33-2004 AT SUBSECTION 5.01, ENTITLED RIGHTS-OF-WAY FEE, TO UPDATE THE MONTHLY FEE FOR ACCESS LINE RATES; 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. 25-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 8c A proposed ordinance was presented amending Ordinance No. 7-2005 declaring certain structures as dangerous by allowing extra time to rehabilitate 1233 35th Street. Moved by Councilor Ammons that proposed ordinance be passed. Motion seconded by Councilor Gonzalez. Tom Scheuller, 1233 35th Street, requested an additional sixty days to obtain a building permit and show substantial completion. Garr Tedford, 1222 351h Street, stated that Mr. Scheuller has told the Council that he lives at 1233 35t Street but he does not live there nor does he have materials or people ready to work on that structure. Mr. Tedford was concerned because the structure is not secure and children play there. There is a "For Sale" sign on the yard and Mr. Tedford said he had attempted to purchase it so he could demolish it but Mr. Scheuller was asking $10,000. It needs to be demolished. He asked Council not to give Mr. Scheuller another extension. Council consensus was not to give another extension on this structure. Motion failed by the following vote. Ayes: None Nays: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore 535 Item 9a RESOLUTION NO. 61-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID TO A & R DEMOLITION, INC., IN THE AMOUNT OF $52,800.00; 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. 61-2005 be passed. Motion seconded by Councilor Esther. Councilor Elmore informed that there is a contractor interested in taking this structure and renovating it. Councilor Elmore requested that the structure at 1647 Hawes be removed from the demolition list. Max Green, 1937 Windthorst Road, owns and operates Robert Green Properties, explained what they have done with other properties and his ability to renovate this structure. He showed before and after pictures of structures they have renovated. They purchase and remodel these types of structures. He has a contract to purchase 1647 Hawes with the understanding that it will be removed from demolition list. City Attorney explained that the issue before Council is the demolition contract. If Council wishes to remove this property from that contract we will have to bring that demolition contact back to Council to address this particular property. Mr. Green stated that he has a check to pay for the back taxes and a contract to purchase this property if it is taken off the demolition list. Mayor informed Mr. Green that he would have to work on the property that is under demolition first and obtain a permit immediately and that he begin work to obtain substantial completion. Time is of the essence and it has to be more than boarding up the structure. We need to know you are going to get it in your name. Mr. Clark noted that Staff cannot issue a building permit because it is under demolition order. Motion by Councilor Ammons to amend Resolution 61-2005 by removing Item 8, 1647 Hawes, from Bid 05-11 March Demolition List and changing the bid amount to reflect this amendment. The bid will reflect $49,700 instead of$52,800.00. Motion seconded by Councilor Elmore. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None A.B. Mote, Mote, Inc. expressed concern that this bid was so low, commenting that the only place to cut was fuel and the dump bill. A cheap bid means they are dumping or burying illegally. If we do not take it to the right place the City is ultimately responsible. This person that is coming from out of town is going to come in and do it illegally because there is no way he can do the job for that amount and gain money. Mayor Williams commented that he is going to get a lot of scrutiny from the City. Mrs. Peggy Gahagan noted that the City pays when the work is completed on each structure and everything is in order. Main motion as amended carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None City Council recessed at 10:10 a.m. and reconvened at 10:36 a.m. 536 Item 9b RESOLUTION NO. 62 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN A LEASE/LICENSE AGREEMENT WITH LANDFILL SERVICES CORPORATION TO LEASE EQUIPMENT TO APPLY AN ALTERNATE DAILY COVER AT THE CITY OF WICHITA FALLS LANDFILL; 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. 62-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9c RESOLUTION NO. 63 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE THIRTEENTH AMENDMENT TO THE WATER PURCHASE CONTRACT WITH WINDTHORST WATER SUPPLY CORPORATION; 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. 63-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9d RESOLUTION NO. 64-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A MOBILE SOUND SHELL STAGE FOR THE PARKS & RECREATION DEPARTMENT FROM CENTURY INDUSTRIES, THROUGH THE GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY CONTRACT IN THE AMOUNT OF $98,586.00; 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. 64-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None 537 Item 9e RESOLUTION NO. 65-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A RUBBER TIRE FRONT END LOADER AND DUAL ENGINE SCRAPER FROM WARREN CAT IN THE AMOUNT OF $769,121.00; 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. 65-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 9f RESOLUTION NO. 66-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING CHANGE ORDER #1 TO THE COMMUNICATIONS SYSTEM AGREEMENT WITH DAILEY AND WELLS COMMUNICATIONS IN THE AMOUNT OF $29,423; 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. 66-2005 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Gonzalez, and Elmore Nays: None Item 10a Councilor Esther said he had enjoyed himself at Councilor Elmore's district meeting. He had not seen so many citizens voice their concerns as they did there. He complimented Councilor Elmore for doing an excellent job. Councilor Elmore is running to meet the needs of his constituents and does what is in the best interest of District 5. The primary purpose is to do the things in the best interest of the City of Wichita Falls Council Elmore said he had an excellent meeting at Kate Haynes and a good meeting at City View last night. He invited and encouraged citizens to attend those meetings. Everyone is invited. Councilor Elmore expressed concern with the limited number of sprinkler system inspectors in Wichita Falls and the length of time between inspections - every five years. There is no set inspection fee and charges are all over the place. He asked if anything could be done about this. Mr. Dave Clark stated that those inspectors are licensed by the State to perform that inspection. It is a state requirement. City Attorney said he would have to look into that. Mr. Clark noted that, as a courtesy, his department provides a list of those inspectors who are licensed by the State. Councilor Elmore asked that the Kiel Road water line issue be placed on the next agenda. Councilor Ammons was grateful that Mr. Clark was back and she wished him and his wife well. She mentioned that his wife had been at M.D. Anderson and as an outpatient for two months. Councilor Ammons asked if the demolitions had increased. Mr. Clark replied that it is a necessary thing to do. We pay for demolitions from CDBG funds and we have limited funds. We wish people would take care of their property so that the City does not have to. We do that twice a year and numbers do not change that much. 538 Item 10a continued Councilor Ammons mentioned that the Buchanan Tennant Apartments' demolition was very expensive and the landowner has not paid for it. Mr. Clark explained that if the owner does not pay, a lien is placed on the property. In this particular instance I wonder if there is some other solution to this. He mentioned the possibility of a change in the State Constitution. Once a lien is placed on the property the Council does not have the authority to remove liens. I wish that were the case in the State of Texas. We have discussed alternatives with landowners such as turning over the land to non-profit organizations instead of having a vacant lot there. Our Senator and State Representative need to be contacted. Councilor Ammons asked for the status on the TIF Zone#2. Mr. Clark provided an update Councilor Gonzalez thanked the Council for agreeing to demolish the structure at 1233 35cn Street. He asked the Police Chief for increased patrol on Holliday Street south of Kell for speedsters especially in the afternoon. Councilor Elmore also asked for patrols in the Covington Street area. Mayor Williams expressed appreciation to Chief Bachman for what they did for Sullivan Street; it made a significant impact on deterring the sale of drugs in that area. Mayor Williams expressed appreciation to Councilor Elmore for his vote to appoint her as Interim Mayor. She mentioned that in Councilor Elmore's meeting there were allegations of things that she had said which she had not said. Telling a lie long and loud does not make it so. Everything I have said maybe was intemperate but not untrue. It is not my intention to hurt anyone's feelings. I checked to see if there were any quotes from me and none were found. I want to say it has harmed Councilor Elmore. I appreciate your vote and will do whatever I can to help you and that may be - not to help you. Councilor Elmore said he appreciated her comments and we have worked well together. You have not harmed me; I am doing fine. No matter what the outcome of this recall I am going to be active in civic activities whether I am on the Council or not. This time has gotten me interested in local government and I have received the biggest benefit by meeting people and the friends I have made. Mayor Williams asked that Staff check Item #18 on the demolition list to make sure that address is correct. She thought it was 104 McLaughlin not 107 McLaughlin. Mayor Williams asked that the Kiel Road water line be placed on the agenda for discussion. Mayor Williams commented that the City is going through uneasy times. We have a wonderful staff and she asked that they do everything they can and that they have done to make this City work. She cautioned the staff that they will be viewed under a microscope. A person does not make an organization but does keep it on course. She expressed appreciation to the staff for everything they have done. Mayor Williams encouraged Chief Foster in his new position and expressed her support for him now and in the future. Item 10b(1) City Clerk provided information on the May 7, 2005 Early Voting. Mr. Scott Taylor provided information on Senate Bill 3 and how it would impact the City City Council recessed at 12:00 p.m. and reconvened at 12:15 p.m. Item 10b(2) City Council discussed the issue of retaining an executive search firm to assist in the hiring of a city manager. Councilor Ammons expressed concerns at this point in hiring a search firm. She felt the next Council should be doing this. She said her vote would be not to hire a search firm at this time. 539 Item 10b(2) continued Mayor asked if she was interested in hiring a search firm at all and how she would handle it. Councilor Ammons said we should solicit applications and have background checks on the applicants by the Police Department. Chief Bachman informed that they only do non-criminal checks; criminal background checks are done by the State. Councilor Ammons felt that references needed to be followed up on to check the applicant's work ethics. Councilor Elmore asked who could do criminal background checks. Mayor informed that there are some things you can and cannot do, but a person can get their own history and provide it. Those are some of things you can require when you decide on a candidate. Chief Bachman clarified that Council can ask the individuals to contact D.P.S. to get their own history, but we cannot do that. Councilor Ammons felt that the pool of candidates should be narrowed down. She commented that Darron Leiker, Interim City Manager, is a good employee and he has done well and we have vested interest in checking out those people that we have hired from within. Councilor Gonzalez did not feel Council should wait until the new council is seated. He felt the new council would need to be working on getting up to speed; that is what he did. He did not think Council should stop the process just because we will have a new council. Councilor Ammons said Council had talked about having an evening meeting and we did not get around to that. Mayor clarified that that was for interim city manager candidates. Mayor felt the search firm was needed now. She said she had asked the Council two months ago for names of search firms and she did not receive any. We need to take the first step and we need to take responsibility. We are going to hire a firm or have a committee that will be working on this. The incoming council will have a big job of hiring the City Manager. We need to start the process and she encouraged the Council to explore every possibility in considering the city manager applicants. Councilor Gonzalez stated that we just need to decide if we are going to recruit a firm to do this job because we will have to interview these firms to make a decision whom to hire. We need to have the City Manager develop a list of the firms and proceed from there. Mayor stated that we need to decide if we want to hire a search firm and what we want them to do for us. Councilor Elmore suggested interviewing these firms and check to see what they will provide and their cost. He noted that we have three firms on the list. Mayor commented that other firms could be added to the list if Council so wished. City Attorney informed that there are about 15 firms in Texas and the three were ones that Jim Berzina thought would be good candidates. We will need to send a Request For Proposal to decide whom you want to invite. They will ask you what things you want in a city manager; the City has to engage some action on your part. Regardless of which way you go on this, we are receiving applications on a daily basis and I think it would be advisable that you do something. Council consensus was to hire a search firm. City Attorney pointed out that at this point he could just send out the Requests For Proposals. Mayor instructed City Attorney to see what he could have by May 3 so the Council can begin setting up interviews. Mayor established a Council Committee for whenever Requests For Proposals are being worked on. The Mayor appointed the three Councilors who will remain after the May 7, 2005 Election to serve on this committee — Councilors Ammons, Gonzalez and Elmore. Mayor stated that this committee would begin after the May 3, 2005 Council meeting. 540 City Council adjourned at 12:41 p. m. PASSED AND APPROVED this day of , 2005. ARTHUR B. WILLIAMS MAYOR ATTEST: G�XC.— �dia Ozuna ity 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 19, 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: Heritage Assembly of God Pastor Ron Bernard (b) Pledge Of Allegiance 3. Administer Oath Of Office To Mayor Williams 4. Presentations: (a) Nursing Day (b) Red Hat Society Day (c) Comprehensive Annual Financial Report & Audit By Mathis, West & Huffines. 5. 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. 6. Approval of Minutes. CONSENT AGENDA 7. Receive Minutes: a. Wichita Falls Traffic Safety Commission — March 2, 2005 b. Planning & Zoning Commission — March 9, 2005 City Council Agenda Tuesday, April 19, 2005 Page 2 REGULAR AGENDA 8. Ordinances: a. Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue From The State Of Texas For The Texas Department Of Transportation Selective Traffic Enforcement Program (STEP) Wave Grant FY 2005 For Traffic Enforcement And Authorizing The City Manager To Accept Same. (City Council Bill #86) b. Ordinance Amending Ordinance 33-2004 At Subsection 5.01, Entitled Rights-Of-Way Fee, To Update The Monthly Fee For Access Line Rates. (City Council Bill #87) c. Ordinance Amending Ordinance No. 7-2005 Declaring Certain Structures As Dangerous By Allowing Extra Time To Rehabilitate 1233 35th Street. (City Council Bill #88) 9. Resolutions: a. Resolution Authorizing Award Of Bid For Demolition Of Hazardous Structures To A & R Demolition, Inc In The Amount Of $52,800.00. (City Council Bill #89) b. Resolution Authorizing The City Manager To Sign A Lease/License Agreement With Landfill Service Corporation For Equipment To Apply An Alternate Daily Cover At the Landfill. (City Council Bill #90) c. A Resolution Of The City Council Of The City Of Wichita Falls, Texas, Approving The Thirteenth Amendment Of The Water Purchase Contract Between The City Of Wichita Falls And The Windthorst Water Supply Corporation. (City Council Bill #91) d. Resolution Authorizing The Purchase Of A Mobile Sound Shell Stage For The Parks And Recreation Department From Century Industries In The Amount Of $98,586.00, Through The General Services Administration. (City Council Bill #92) e. Resolution Authorizing Award Of Bid For The Purchase Of A Rubber Tire Front End Loader And A Dual Engine Scraper To Warrant Cat. (City Council Bill #93) City Council Agenda Tuesday, April 19, 2005 Page 3 f. Resolution Approving Change Order #1 To The Communications System Agreement With Dailey And Wells Communications In The Amount Of $29.423.00 (City Council Bill #94) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. (1) Public Works Officer — Discussion Of Senate Bill #3; Texas Workforce Infrastructure Fund. (2) Request For Proposal To Retain An Executive Search Firm To Assist In The Hiring Of A City Manager. 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