Min 05/03/2005 543
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
May 3, 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. -
Michael Norrie -
Ray Gonzalez -
Charles Elmore -
Darron Leiker - Interim City Manager
Bill Sullivan - City Attorney
Lydia Ozuna - City Clerk
Mayor called the meeting to order.
Item 2a
Dr. Robert Jeffress, Pastor, First Baptist Church, gave the invocation.
Item 2b
Councilor Gonzalez led in the Pledge of Allegiance.
Item 3a
Mr. Stephen Dodge, Animal Control Warden, Health Department, was recognized as
employee of the month for May 2005. Mayor presented Mr. Dodge with a plaque, City pin, check,
dinner for two, and Weeks Park Golf Course passes.
Item 3b
Mayor proclaimed the month of May 2005 as "Foster Care Awareness Month in Wichita
Falls". Mrs. Sue Griffin, and Mr. & Mrs. Ron Smithee received the Proclamation. The Child
Protective Services Adoption Unit was also recognized for their participation in this program.
Item 4
Don Roberts, 3242 Southwest Drive, requested that public access to police
communications be made available to the media.
Item 5
The Minutes were approved as distributed.
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Items 6a-6e
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, Norrie, Gonzalez, and Elmore
Nays: None
Minutes of the following board and commission meetings were received.
a. Commission on Human Needs — February 21, 2005
b. Commission on Human Needs—April 18, 2005
c. Civil Service Commission — March 11, 2005
d. Civil Service Commission —April 1, 2005
e. Clean Community Commission — March 9, 2005
Item 7a
A public hearing was held on the proposed use of Community Development Block Grant
(CDBG) and HOME Program funds for the Consolidated Plan One-Year Action Plan.
Mrs. Susan White informed that this was the first public hearing for CDBG and HOME
funds. We will receive a 5% reduction ($80,000) in CDBG funds.
Mayor declared the public hearing open.
Mayor commented that the new amount of CDBG funds would be $1,562,696 and
$500,000 for HOME funds.
David Brock, 320 Hill Top, asked Council to consider reducing that same percentage of
that money that is spent on administration and City costs as is reduced for consumers.
Councilor Esther stated that a reduction of funds does not mean a reduction of
responsibility. When money is not available we still have to have staff available. When you
reduce the staff and funds you create a new problem. We need these people to help and make
sure these people get the necessary help.
Mayor stated that the Outside Agency Committee would look at those funds and do
whatever is appropriate and what is best for all people.
Councilor Norrie stated that they would take this under consideration.
Item 8a
ORDINANCE NO. 26-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING ORDINANCE NO. 7-2005 DATED FEBRUARY 15, 2005 TO
GRANT ADDITIONAL TIME FOR THE OWNER OF THE PROPERTY AT 1647
HAWES TO REHABILITATE THE STRUCTURE; DECLARING AN EMERGENCY;
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. 26-2005 be passed.
Motion seconded by Councilor Ammons.
Max Green, 1937 Windthorst Road stated that six months was sufficient time to get that
property rehabilitated. He added that they already have a deed in their name for that property,
have paid all back taxes, and have cleaned the inside and outside of the property. They are
waiting on Council action today to be able to obtain a permit to rehab that structure.
545
Item 8a continued
Council allowed Mr. Green one week from today, May 10, 2005, to obtain a permit and 180
days from May 10, 2005, which would be November 6, 2005, to obtain a Certificate of Occupancy.
Motion, with the blanks filled in as noted first above, carried by the following vote.
Ayes: Mayor Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 8b
ORDINANCE NO. 27-2005
ORDINANCE REZONING 2900 HENRY S. GRACE FREEWAY, LOT 1, MORGAN
SUBDIVISION, FROM GENERAL COMMERCIAL TO LIGHT INDUSTRIAL
ZONING AND AMENDING THE LAND USE PLAN TO CONFORM TO THIS
REZONING; 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.27-2005 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
Item 8c
ORDINANCE NO. 28-2005
ORDINANCE REZONING 3608 GRANT STREET, LOT 5, BLOCK D, KEMP FAIR
PARK ADDITION, AND ADJACENT RIGHT-OF-WAY, FROM LIMITED
COMMERCIAL 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. 28-2005 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 8d
ORDINANCE NO. 29-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING CHAPTER 58, ARTICLE III, SECTION
58-73 OF THE CITY OF WICHITA FALLS CODE OF ORDINANCES; 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.29-2005 be passed.
Motion seconded by Councilor Norrie and carried by the following vote.
Ayes: Mayor Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
546
Item 9a
RESOLUTION NO. 67-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
REJECTING BIDS FROM PRUITT FORD FOR THE PURCHASE OF 1-TON TRUCKS,
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.67-2005 be passed.
Motion seconded by Councilor Esther.
Councilor Ammons stepped out of Council Chambers.
Mrs. Peggy Gahagan informed that a memo was received from Pruitt Ford informing the
City that they were unable to furnish the trucks as bid.
Motion carried by the following vote.
Ayes: Mayor Williams, Councilors Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 9b
RESOLUTION NO. 68-2005
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 HERB EASLEY MOTORS
IN THE AMOUNT OF $77,500.00. FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Councilor Ammons returned to Council Chambers.
Moved by Councilor Elmore that Resolution No. 68-2005 be passed.
Motion seconded by Councilor Norrie and carried by the following vote.
Ayes: Mayor Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 9c
RESOLUTION NO. 69-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AWARD OF BID FOR THE LEASE OF GOLF CARTS
AND UTILITY CARTS TO CLUB CAR, INC. IN THE AMOUNT OF $40,642.20
ANNUALLY; 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.69-2005 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
547
Item 9d
RESOLUTION NO. 70-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT
WITH MICHAEL E. KOEN ARCHITECT, INC. FOR ARCHITECTURAL SERVICES
FOR THE REROOFING OF THE MUNICIPAL COURT ANNEX BUILDING CWF05-
100-25; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Moved by Councilor Ammons that Resolution No. 70-2005 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
Item 9e
RESOLUTION NO. 71-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO ACCEPT THE LIBRARY REROOF PROJECT, CWF04-100-05 AND
AUTHORIZE FINAL PAYMENT TO ARMORED ROOFING CO., INC.; 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. 71-2005 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore
Nays: None
City Council recessed at 9:39 a.m. and reconvened at 9:55 a.m.
Councilor Ammons was not in attendance after the recess.
Item 9f
RESOLUTION NO. 72-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO AWARD BID AND CONTRACT FOR THE ADMINISTRATION
BUILDING AND MAINTENANCE BUILDING AT CYPRESS WATER TREATMENT
PLAN, CWF05-544-11; 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. 72-2005 be passed.
Motion seconded by Councilor Esther and carried by the following vote.
Ayes: Mayor Williams, Councilors Esther, Norrie, Gonzalez, and Elmore
Nays: None
548
Item 9g
RESOLUTION NO. 73-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING CHANGE ORDER #2 TO THE COMMUNICATIONS
SYSTEM AGREEMENT WITH DAILEY AND WELLS COMMUNICATIONS TO
ENABLE ACTIVATION OF THE OUTDOOR WARNING SIREN SYSTEM AT THE
MUNICIPAL PUBLIC SAFETY TRAINING CENTER; 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. 73-2005 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Williams, Councilors Esther, Norrie, Gonzalez, and Elmore
Nays: None
Item 10a
Councilor Gonzalez asked about the requirement to cover City trailers hauling refuse to the
transfer station. Mr. Scott Taylor informed that all City trailers are required to be covered and he
will make sure that they are secured when covered.
Mayor Williams suggested having a phone number on the City vehicles for citizens to call in
violations. Mr. Taylor will check into that. He asked that when citizens call in that they make sure
to give the vehicle number so that the appropriate action can be taken.
Councilor Norrie asked the City Clerk to provide information on the upcoming City Election.
City Clerk provided dates, times, and additional information on the May 7, 2005 General-Special
Election.
Councilor Norrie complimented the staff and expressed appreciation for everyone's
involvement and teamwork.
Councilor Esther asked staff to look into grass clippings that are being blown onto the
street next to the Kings Inn.
Councilor Esther expressed appreciation to Chief Bachman on behalf of citizens from the
Eastside for what he is doing in their District.
Councilor Esther expressed concern about the comments as to what is wrong with the City.
He advised that the best thing to do is simply not express an opinion about things they are not
familiar with. He cautioned the candidates that this is not a place for an ego trip, it is an awesome
responsibility where they are going to affect many lives as well as this City. There is no room for
name-calling. He encouraged them to understand the staff because they are doing the best they
can. They are a dedicated staff. I am thankful to have represented my District and this City. He
mentioned that there are more than one entities responsible for the security of this City; it goes
beyond the Police Department. They do not make the law they uphold the law; citizens need to
make sure they help get the drug pushers and criminals off the streets.
Councilor Elmore said he wants to put more effort into the Neighborhood Crime Prevention
Program, and he encouraged everyone to become involved in this to make our community safer.
He mentioned that we have a Police Academy that is getting ready to graduate. They feel the City
sponsors them and would be the group selected next. He asked the Police Department, if
possible, to meet with these people and reiterate their position and how these selections are going
to be made. Chief Bachman explained the selection process and said they would contact the
upcoming graduates and explain the process.
Councilor Elmore asked if the City workers are backing up in the alley in District 5. Mr.
Scott Taylor replied that he has given instruction that they back up into that alley. He has
considered approaching the City Manager to pave that alley in the future. He will have the workers
go out there and smooth out that alley.
Councilor Elmore asked about putting the agenda on the City Channel for public viewing.
City Manager replied that they will see about scrolling it on the City Channel, however it is on the
City's website.
549
Item 10a continued
Councilor Gonzalez mentioned to Mr. Scott Taylor that there was a City truck off of Taft
Street with a blower and it looked like they were blowing the grass back up on the yards. Mr.
Taylor informed that it was a truck used by the Parks Department and it is used to blow the grass
back onto the median.
Councilor Gonzalez asked for an update on the Jefferson Street flooding project. Mr.
Taylor stated that it is number 9 on the Storm water Utilities Project List. It is slated for 2010.
Mayor Williams stated that she had spent the last 22 years in public service, with the last
six on the City of Wichita Falls Council. I have been blessed to serve two governmental entities
and I left with my integrity in tact. Even when things were roughest there were people I did not
even know who expressed their appreciation for what I have done. I received more than what I
lost. I am grateful to have served Wichita Falls. I will always speak out when I consider an
injustice whether for myself or anyone else. I believe in justice. I do not believe in jumping on
people. I thank everyone who has done anything for me in my public career. I intend to do a lot of
volunteer work. I will be kind to you in my book. I am going to record the things that I have
experienced. I want to thank Wichita Falls; you have been good to me.
Item 10b(1)
Mr. Scott Taylor presented a report on the Kiel Road Water Line issue.
Item 10b(2)
Chief Bachman presented a report on the Two-Way Radio System. City Council gave the
Chief their support in what he is doing and how he is handling this situation.
Item 11
City Council adjourned at 11:35 a. m.
PASSED AND APPROVED this day ofMd_�_v12005.
,Q
ARTHUR B. WILLIAMS
MAYOR
ATTEST:
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, May 3,
2005, Beginning At 8:30 a.m.
City Council: Mayor Arthur Bea Williams, Councilors Linda
Ammons, James Esther, Michael Norrie, Ray
Gonzalez, and Charles Elmore.
1 . Call to Order.
2. (a) Invocation: First Baptist Church
Dr. Robert Jeffress Pastor
(b) Pledge Of Allegiance
3. Presentations: (a) Employee of the Month
(b) Foster Care Awareness Month
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. Receive Minutes:
a. Commission On Human Needs — February 21 , 2005
b. Commission On Human Needs — April 18, 2005
c. Civil Service Commission — March 11 , 2005
d. Civil Service Commission — April 1 , 2005
e. Clean Community Commission — March 9, 2005
City Council Agenda
Tuesday, May 3, 2005
Page 2
REGULAR AGENDA
7. Public Hearing:
a. A Public Hearing On The Proposed Use Of Community
Development Block Grant (CDBG) And HOME Program
Funds For The Consolidated Plan One-Year Action Plan.
8. Ordinances:
a. Ordinance Amending Ordinance No. 7-2005 Declaring
Certain Structures As Dangerous By Allowing Time To
Rehabilitate 1647 Hawes (City Council Bill #95)
b. Ordinance Rezoning 2900 Henry S. Grace Freeway, Lot 1 ,
Morgan Subdivision, From General Commercial To Light
Industrial Zoning, And Amending The Land Use Plan To
Conform To This Rezoning. (City Council Bill #96)
c. Ordinance Rezoning 3608 Grant Street, Lot 5, Block D,
Kemp Fair Park Addition, And Adjacent Right-Of-Way, From
Limited Commercial To General Commercial Zoning. (City
Council Bill #97)
d. Ordinance Amending Chapter 58 HEALTH*, Article III Public
Board Of Health, Section 58-73(b) Officers; Rules Of
Procedure; Quorum; Meetings Of the City of Wichita Falls
Code of Ordinances. (City Council Bill #98)
9. Resolutions:
a. Resolution To Reject Bids From Pruitt Ford For The
Purchase Of One (1) Each 1-Ton Cab & Chassis And Two
(2) 1-Ton Trucks With Bodies. (City Council Bill #99)
b. 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 #100 & #100a)
c. Resolution Authorizing Award Of Bid For The Lease Of Golf
Carts And Utility Carts For Use At The Weeks Park Golf
Course To Club Car. Inc. (City Council Bill #101)
d. Resolution to Approve and Authorize the City Manager to
Execute a Contract with Michael E. Koen...Architect, Inc. for
City Council Agenda
Tuesday, May 3, 2005
Page 3
Architectural Services for the Reroofing of the Municipal
Court Annex Building CWF05-100-25 (City Council Bill #102)
e. Resolution To Accept The Library Reroof Project, CWF04-
100-05 And Authorize Final Payment To Armored Roofing
Co., Inc. (City Council Bill #103)
f. Resolution To Award Bid and Contract For Administration
Building And Maintenance Building At Cypress Water
Treatment Plant Project, CWF05-544-11 . (City Council #104)
g. A Resolution Approving Change Order #2 To The
Communications Systems Agreement with Dailey and Wells
Communications To Enable Activation Of The Outdoor
Warning Siren System At The Municipal Public Safety
Training Center. (City Council Bill #105)
10. Other Council Matters:
a. Discussion Of Items Of Concern To Members Of The City
Council.
b. Staff/Council Discussion.
(1) Staff Report On Kiel Road Water Line
(2) Staff Report On The Two-Way Radio System
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