Min 06/07/2005 562
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
June 7, 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:
Lanham Lyne - Mayor
Jim Ginnings - Councilors
Linda Ammons -
Dorothy Roberts-Burns -
Ray Gonzalez -
Charles Elmore -
Darron Leiker - Interim City Manager
Bill Sullivan - City Attorney
Lydia Ozuna - City Clerk
Michael Norrie - Absent
Mayor called the meeting to order.
Item 2a
Mayor Lanham Lyne gave the invocation.
Item 2b
Councilor Gonzalez led in the Pledge of Allegiance.
Item 3a
Billy Mitchell, Building Maintenance Supervisor, Building Maintenance, was recognized as
employee of the month for June 2005. Mayor presented Mr. Mitchell with a plaque, City pin, check,
dinner for two, and Weeks Park Golf Course passes.
Item 4
Leon Mueller, 4700 Taft Blvd. # 92, expressed concern that the method of traffic
controls downtown is confusing because there are one-ways, two-ways, stop signs, traffic
signals, etc. He asked Council to develop a plan and see that action be taken immediately
to address the situation.
John Kortbawi, 4412 York, expressed concern about the yearly increase in property
taxes because of the increase in appraised property values. He stated that property values
have not increased. He said that something needs to be done about these increases and
asked his Councilor, Linda Ammons, to represent him.
Mark Prickett, 4460 Kell Freeway, representing Ruby Tequila's, requested a waiver
on the Vehicle for Hire section relating to CPA prepared financial statement on all partners.
He explained that he and his partner are two of twenty-two in the partnership, however, it
would be more feasible for him to provide his and his partner's personal financial
statements. Mayor asked Mr. Prickett to submit his request in writing and it would be
563
Item 4 continued
placed on a future Council agenda.
David Brock, 1819 Hines, made several suggestions to amend the Charter - three
year terms for Council and add two more positions to the Council.
Item 5
The Minutes were approved as corrected.
Items 6a-7b
Interim City Manager gave a briefing on the items listed under the Consent Agenda.
Councilor Elmore requested that Item 7b be moved to the Regular Agenda.
Moved by Councilor Ammons that the Consent Agenda be approved with the exception of
Item 7b.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Minutes of the following board and commission meetings were received.
a. Civil Service Commission —April 7, 2005
b. Planning and Zoning Commission —April 13, 2005
c. Clean Community Commission —April 20, 2005
d. Civil Service Commission —April 22, 2005
e. Library Advisory Board —April 26, 2005
Item 7a
RESOLUTION NO. 80-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS TO
ACCEPT THE 2004 WATER BUDGET UTILITY IMPROVEMENT PROJECT (BUIP)
CWF04-550-12 AND AUTHORIZE FINAL PAYMENT TO WPW UTILITY
CONSTRUCTION CO., INC.; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
Item 7b
RESOLUTION NO. 81-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AWARD OF BID FOR THE CITY'S ESTIMATED ANNUAL
REQUIREMENT OF WATER METER BOXES AND LIDS TO POWERSEAL
PIPELINE PRODUCTS IN THE AMOUNT OF $61,975.00.; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Ginnings that Resolution No. 81-2005 be passed.
Motion seconded by Councilor Elmore.
Councilor Elmore asked if this was a purchase for water meters. Mr. Taylor informed that it
was for boxes in which to put the meters.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
564
Item 8a
ORDINANCE NO. 36-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, WAIVING SEC. 50-97, SEC. 14-384, SEC. 82-58. SEC. 82-62, SEC. 82-
63, SEC. 82-68 OF THE CODE OF ORDINANCES, AND RESOLUTION 2509 AS
AMENDED TO PERMIT NON PAYMENT OF $100 PYROTECHNICS PERMIT
FEE, VEHICLES AND ANIMALS ON THE GRASS SEPTEMBER 26-OCTOBER 2,
2005, POSTING OF SIGNS, SALES IN A PARK, POSSESSION AND
CONSUMPTION OF ALCOHOLIC BEVERAGES, SALES WITHOUT PAYMENT OF
THE PERCENTAGE OF GROSS TO THE CITY, AND RESERVATION OF THE
CENTRAL SECTION OF LUCY PARK FOR THE ANNUAL FALLS FEST EVENT IN
LUCY PARK SEPTEMBER 30 AND OCTOBER 1, 2005; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Roberts-Burns that Ordinance No. 36-2005 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Item 8b
ORDINANCE NO. 37 -2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, WAIVING SEC 82-58 OF THE CODE OF ORDINANCES TO PERMIT
PARTICIPANT VEHICLES UPON THE GRASS AND RESERVATION OF THE
GROUNDS FROM 7:00 A.M. UNTIL 5:00 P.M. DAILY DURING AN ANNUAL
PYLON RACE EVENT BY THE WICHITA FALLS RADIO CONTROL CLUB AT
THE LANDING FIELD IN LAKE WICHITA PARK JUNE 11 AND 12, 2005; 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. 37-2005 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Item 8c
ORDINANCE NO. 38 -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 2007
HARRIET 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. 38 -2005 be passed.
Motion seconded by Councilor Ammons.
Ruth Butler, 2108 Wenonah, stated that they live in that neighborhood and that house has
been in different stages of disrepair since 1997. She spoke against this ordinance.
Moved by Councilor Elmore to allow Mr. Timothy Spittler, property owner, an additional
ninety (90) days and that this figure be inserted in the blank of this ordinance.
565
Item 8c continued
Motion seconded by Councilor Ginnings.
Councilor Ginnings wanted to make certain that Mr. Spittler is notified that although he is
being allowed a 90-day extension that the demolition order stands if he does not have substantial
work. Councilor Elmore added that the outside should be a priority. It was noted that Mr. Spittler
would have to take care of the windows, clean up the outside, take care of the electrical and
plumbing issues.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Motion as amended carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
City Council recessed at 9:30 a.m. and reconvened at 9:50 a.m.
Item 8d
ORDINANCE NO. 39-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, ANNEXING 103.24 ACRES OF LAND OUT OF BLOCKS 11 AND 12,
DENTON COUNTY SCHOOL LANDS, LEAGUE 2, WICHITA COUNTY, TEXAS;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
Moved by Councilor Roberts-Burns that Ordinance No. 39-2005 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Item 8e
ORDINANCE NO. 40 -2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, MAKING AN APPROPRIATION IN THE GENERAL FUND IN THE
AMOUNT OF $723,733 TO ESTABLISH A TEMPORARY FUNDING SOURCE
FOR THE HEALTH DEPARTMENT BUILDING EXPANSION PROJECT; 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. 40-2005 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
566
Item 9a
RESOLUTION NO. 82-2005
RESOLUTION OF THE CITY OF WICHITA FALLS, TEXAS TO AWARD BID AND
CONTRACT FOR THE NEW ADDITION FOR THE WICHITA FALLS-WICHITA COUNTY
HEALTH DISTRICT PROJECT, CWF05-204-35; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Moved by Councilor Roberts-Burns that Resolution No. 82-2005 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Item 9b
RESOLUTION NO. 83 -2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO REJECT BID FOR SOUTHMOOR SANITARY SEWER RELIEF
INTERCEPTOR PROJECT, CWF05-SRF-02; 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. 83-2005 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Item 9c
RESOLUTION NO. 84-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, ACCEPTING THE 2004 ALLEY REHABILITATION PROJECT CWF04-
530-15 AND AUTHORIZING FINAL PAYMENT TO DUKE CONSTRUCTION
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 Gonzalez that Resolution No. 84-2005 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Item 9d
RESOLUTION NO. 85 -2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, ENDORSING AN APPLICATION TO THE WICHITA FALLS 4B SALES
TAX CORPORATION FOR GOLF COURSE ARCHITECT SERVICES; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Roberts-Burns that Resolution No. 85-2005 be passed.
567
Item 9d continued
Motion seconded by Councilor Gonzalez.
Councilor Ginnings suggested that an annual fee of$500 be implemented to increase
revenue and improve the golf course. It was suggested that professional golfers be obtained to
assist in making this Golf Course better.
Councilor Ginnings suggested that it be made known that we may be working on this golf
course and inform the seniors when and if the $500 fee goes into effect.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Item 10a
There were no staff reports.
Item 10b
Councilor Ginnings said he would like to work on the curb and gutter ordinance. Also, he
would like a one-page summary memo on our group medical insurance for employees.
Councilor Ammons congratulated Billy Mitchell on his Employee of the Month award.
Councilor Ammons was glad we have come to some agreement on the radio communications
issue. I appreciate the negotiations' ability on both sides.
Councilor Gonzalez thanked the staff on working out a solution on the radio
communications. He thinks it will take care of the scanner issue for the citizens.
Mayor Lyne informed that he had plans to create a committee to discuss the City's
insurance program to see what can be done, if anything. We will try to find a resolution that may
be more useable and designed for the users. Mayor congratulated Interim City Manager and City
Attorney for the work on the radio communications issue. Mayor plans to get a long range plan
going for the City and hopes to make positive changes for the City.
Item 11(1-3)
City Council went into Executive Session at 11:00 a.m. as authorized by Section 551.074 of
the Texas Government Code.
City Council reconvened at 12:40 p.m.
Mayor announced that no votes were taken during Executive Session.
Item 12a
RESOLUTION NO. 86 —2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, CONFIRMING APPOINTMENTS TO THE FIREFIGHTERS' AND POLICE
OFFICERS' CIVIL SERVICE COMMISSION; 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. 86-2005 be passed with the insertion of
the following names in the blanks: Dr. Ernest Dover with term to expire December 31, 2007, and
Dr. Floyd Thornton with term to expire December 31, 2006.
Motion seconded by Councilor Gonzalez.
568
Item 12a continued
These were the persons submitted by Interim City Manager Leiker for confirmation by the
City Council to serve on the Civil Service Commission.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilor Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore.
Nays: None
Item 13
Moved by Councilor Roberts-Burns to appoint Councilor Gonzalez as Mayor Pro Tem.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilor Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
Item 14
City Attorney informed that they had received two proposals from search firms, which were
sent to the Mayor.
Moved by Mayor Lyne that the City Attorney and the Mayor go through the process of
obtaining a search firm from the two and begin the process.
Motion seconded by Councilor Gonzalez.
Councilor Ginnings asked that they impose a time line on the search firm.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilor Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
City Council adjourned at 12:48 p. m.
PASSED AND APPROVED this �aaday of , 2005.
LANHAM LYNE
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, June 7,
2005, Beginning At 8:30 a.m.
City Council: Mayor Lanham Lyne, Councilors Jim Ginnings
Linda Ammons, Dorothy Roberts-Burns, Michael
Norrie, Ray Gonzalez, and Charles Elmore.
1. Call to Order.
2. (a) Invocation: Leonard Brothers, Pastor
Woodhaven Baptist Church
(b) Pledge Of Allegiance
3. Presentations: (a) Employee of the 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. Civil Service Commission — April 7, 2005
b. Planning & Zoning Commission — April 13, 2005
c. Clean Community Commission — April 20, 2005
d. Civil Service Commission — April 22, 2005
e. Library Advisory Board — April 26, 2005
City Council Agenda
Tuesday, June 7, 2005
Page 2
7. Resolutions:
a. Resolution To Accept The 2004 Water Budget Utility
Improvement Project (BUIP), CWF04-550-12, And Authorize
Final Payment To WPW Utility Construction Co., Inc.
(Council Bill # 119)
b. Resolution Authorizing Award Of Bid For The Purchase Of
The City's Estimated Annual Requirement Of Water Meter
Boxes And Lids To Powerseal Pipeline Products In The
Amount Of $61,975.00. (Council Bill #120)
REGULAR AGENDA
8. Ordinances:
a. Ordinance Waiving Sec. 50-97, Sec.14-384, Sec. 82-58,
Sec.82-62, Sec.82-63, Sec. 82-68 Of The Code Of
Ordinances, And Resolution 2509 As Amended To Permit
Non Payment Of $100 Pyrotechnics Permit Fee, Vehicles
And Animals On The Grass September 26-October 2, 2005,
Posting Of Signs, Sales In A Park, Possession And
consumption Of Alcoholic Beverages, Sales Without Payment
Of The Percentage Of Gross To The City, And Reservation
Of The Central Section Of Lucy Park For The Annual Falls
Fest Event In Lucy Park September 30 and October 1, 2005.
(City Council Bill #121)
b. Ordinance Waiving Sec 82-58 Of The Code Of Ordinances To
Permit Participant Vehicles Upon The Grass And Reservation
Of The Grounds From 7:00 A.M. Until 5:00 P.M. Daily During
An Annual Pylon Race Event By The Wichita Falls Radio
Control Club At The Landing Field In Lake Wichita Park June
11 And 12, 2005. (City Council Bill #122)
c. Ordinance Amending Ordinance No. 7-2005 Declaring Certain
Structures As Dangerous By Allowing Time To Rehabilitate
2007 Harriett. (City Council Bill #123)
d. Ordinance Annexing 103.24 Acres Of Land Out Of Blocks 11
And 12, Denton County School Lands, League 2, Wichita
County, Texas At The Request Of The Property Owner. (City
Council Bill #124)
City Council Agenda
Tuesday, June 7, 2005
Page 3
e. Ordinance Making An Appropriation In The General Fund In
The Amount Of $723,733 To Establish A Temporary Funding
Source For The Health Department Building Expansion
Project. (City Council Bill #125)
9. Resolutions:
a. Resolution To Award Bid And Contract For The New
Addition for the Wichita Falls — Wichita County Health
District Project, CWF05-204-35 (City Council Bill #126)
b. Resolution To Reject Bid And Contract for the Southmoor
Sewer Relief Interceptor Project, CWF05-SRF-02. (City
Council Bill # 127)
c. Resolution to Accept the 2004 Alley Rehabilitation Project
CWF04-530-15, and Authorize Final Payment to Duke
Construction Company (City Council Bill #128)
d. A Resolution Endorsing An Application To The Wichita Falls
4B Sales Tax Corporation For Golf Course Architect
Services (City Council Bill #129)
10. Other Council Matters:
a. Staff/Council Discussion
b. Discussion Of Items Of Concern To Members Of The City
Council
11 . Executive Session:
1. Consider The Duties Of The Interim City Manager As
Authorized By Section 551 .074 Of The Texas Government
Code.
2. Consider Confirmation Of Appointees to the Firefighters'
And Police Officers' Civil Service Commission As
Authorized By Section 551 .074 Of The Texas Government
Code.
3. Consider Qualifications Of Possible Appointees To Position
Of Mayor Pro Tern As Authorized By Section 551 .074 Of
The Texas Government Code.
12. Resolution:
City Council Agenda
Tuesday, June 7, 2005
Page 4
a. Resolution Confirming Appointments To The Firefighters'
And Police Officers' Civil Service Commission. (City Council
Bill #130)
13. Appointment Of Mayor Pro Tem.
14. Discussion And Possible Action On The Use Of A Consulting
Firm To Assist In The Hiring Process Of A New City Manager.
15. 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