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Min 07/19/2005 591 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 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: Lanham Lyne - Mayor Ray Gonzalez - Mayor Pro Tern Jim Ginnings - Councilors Dorothy Roberts-Burns - Michael Norrie - Charles Elmore - Darron Leiker - Interim City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Linda Ammons - Absent Mayor called the meeting to order. Item 2a Pastor Charles Thomason, Faith Village Church of Christ, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 Mayor proclaimed July 19, 2005 as " Bring Baseball Back to Wichita Falls Day". Mr. Tom McCorkill, representing the Wichita Falls Professional Baseball Booster's Club accepted the proclamation. Item 4 Jeanne Rigg, 1300 Lamar, representing the Wichita Falls Symphony League provided information on their event "First Night in the Falls 2006". This type of event is known and held throughout the world but this will be first time this event will be held in the State of Texas. It will be a family-oriented, nonalcoholic event to take place on New Year's Eve at MSU Campus and surrounding areas. The League is requesting that the City provide the fireworks. City Staff will look into this request. Barbara James, 1602 Harding, asked Council to look into providing on the job training in order to help people, like herself and others, to utilize their skills with training. She asked that they be given a chance by providing this type of opportunity where they can get a better job. Tony Brumbelow, Union Square representative, referred to 2001 & 2007 Harriett and stated that Union Square holds the lien on that property and they are aware of their deadline. Union Square is requesting to be on the next agenda to address this property. He informed that they 592 Item 4 continued have begun to take possession of this property and will do whatever is necessary to keep the property from being demolished. Mayor asked that he send a written request to the City Manager or himself in order to get this on the agenda, and that he also get in touch with Mr. Bobby Teague. Item 5 The Minutes were approved as distributed. Items 6a-7c Interim City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns that the Consent Agenda be approved. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 6a RESOLUTION NO. 102-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF TWO (2) HEAVY-DUTY TRANSIT BUSES TO LASSETER BUS COMPANY IN THE AMOUNT OF $375,912.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION NO. 103-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF SEVENTEEN (17) FORD CROWN VICTORIA POLICE PATROL VEHICLES FROM PHILPOTT MOTORS, LTD., IN THE AMOUNT OF $342,312.00 WITH AN OPTION TO PURCHASE POLICE PATROL VEHICLES APPROVED IN THE 2005-2006 BUDGET UNDER THE SAME TERMS AND CONDITIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6c RESOLUTION NO. 104-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF LIGHTBARS AND SIRENS FROM GT DISTRIBUTORS IN THE AMOUNT OF $38,121.60; AND THE PURCHASE OF VEHICLE PARTITIONS AND SPEAKERS TO SOUTHWEST PUBLIC SAFETY IN THE AMOUNT OF $4,599.20; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7 Minutes of the following board and commission meetings were received. a. Wichita Falls Park Board —April 28, 2005 b. Planning and Zoning Commission — May 11, 2005 c. Citizens Advisory Committee, TIF#2 — May 25, 2005 593 Item 8a A public hearing was held on hazardous structures. Mayor declared the public hearing open. Mr. Dave Clark informed that there were five properties that are before Council for demolition action. None of the properties owners were present to protest this action. Councilor Elmore commented that the 2712 Lebanon property could be repaired but it is very trashy and the owner has never responded. Mrs. Rita Miller, Code Enforcement Supervisor, informed that there was no interest in the property by the owner, who agreed to demolition. Mr. Bobby Teague stated that the property is trashed out and if rehabilitated it would take a lot money. Mrs. Miller informed that the property on 1225 30th Street should be removed from the demolition list because the property owners have taken care of this. Councilor Ginnings asked who would own the property once the structure is demolished. Mr. Clark replied that the property owner continues to own the land but if the demolition cost is not paid the City files a lien against the property. Mr. Ginnings wanted to know the time frame before it is sold at a sheriff's sale. Mr. Clark replied that the tax attorneys make that decision. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. ORDINANCE NO. 53-2005 ORDINANCE CLOSING PUBLIC HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND 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. 53-2005 be passed. Motion seconded by Councilor Ginnings. Moved by Councilor Elmore to amend proposed ordinance by removing 1225 30th Street from the demolition list, as recommended by Code Enforcement. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9a RESOLUTION NO.105-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE SERVICE PLAN FOR THE PROVISION OF MUNICIPAL SERVICES FOR AN AREA PROPOSED FOR ANNEXATION SOUTH OF SOUTHWEST PARKWAY AND WEST OF GREGG ROAD, AND CALLING FOR PUBLIC HEARINGS AS REQUIRED BY CHAPTER 43 OF THE TEXAS LOCAL GOVERNMENT CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW I 594 Item 9a continued Moved by Councilor Ginnings that Resolution No. 105-2005 be passed. Motion seconded by Councilor Elmore. Mr. Dave Clark informed that this involves six property owners and this resolution would set up the process for two public hearings for the prospect of annexation. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9b RESOLUTION NO. 106-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CONTRACT WITH WILLIS, GRAVES AND ASSOCIATES, INC. FOR WHOLESALE WATER COST-OF-SERVICE AND RATE STUDY; 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. 106-2005 be passed. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9c RESOLUTION NO. 107-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING SUPPLEMENTAL FUNDING OF THE NORTH TEXAS REGIONAL DRUG ENFORCEMENT TASK FORCE; 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. 107-2005 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10a Mr. Dave Clark reported that the Commissioners Court conducted a public hearing on the development of a Tax Increment Finance District No. 2. The Commissioners Court unanimously endorsed this development. Chief Dennis Bachman reported on the Police Department's action relating to gang activity problems. Councilor Ginnings asked if there was anything the Council could do to assist the Police Department in this effort. Chief Bachman replied that they always need manpower but that takes money and he will address that during budget session. 595 Item 10a continued Councilor Ginnings asked about curfew and if it was being enforced. Chief Bachman commented that the curfew ordinance was a godsend when Council passed it. It is being enforced and the curfew during the weekdays is 11:00 p.m. to 6:00 a.m. and on weekends it is 12:00 midnight. City Attorney informed that by law the Council reviews the Curfew Ordinance every four years. Item 10b Councilor Roberts-Burns announced that District 2 has two new businesses—"Jitters" and "New York Pizza". Councilor Elmore thanked everyone for their consideration during his surgery. Councilor Ginnings commended staff for the work they are doing. He is looking forward to recommendations on the Police Academy. Councilor Norrie referred to the request from the Symphony League and stated that he would like to cooperate with Midwestern State University on the fireworks. Councilor Norrie mentioned the City's stockpile of debris at the cemeteries on Southwest Parkway, and asked that Staff look into that. Mr. Jack Murphy informed that as a policy they stock pile mulch material at Lakeview and Rosemont Cemeteries and then it is moved to the landfill for processing. We also stored some bleachers there for repairs. He will look at the situation to see how to make it more acceptable. Councilor Gonzalez referred to the fireworks stating that he would like for staff to see what the City can do about a fourth of July event, and suggested that this be assigned to the Parks Department. Councilor Gonzalez thanked the Fire Department for responding so quickly to an accident that could have been tragic. It shows the great job the Fire Department is doing. Councilor Ginnings asked the Interim City Manager if there was something that could be done to move the Cypress Bridge project along to get it completed? Interim City Manager replied that staff would check into that. Mr. Scott Taylor informed that during the preliminary design work the City told TXDOT that there was a raw waterline that would need to be moved, but TXDOT felt it was not necessary. When the construction work began it became necessary to move it and that has been part of the delay. Mayor Lyne referred to the fireworks and stated that the City has not put on a fireworks display but we have worked with large entities in that regard. He said that Times Record News suggested that the water customers pay an additional sum with their water bill to create a fund for this type event. This may be something to consider. Mr. Jim Dockery mentioned that the City has a mechanism for donations on the water bill. He will look into that. Mayor Lyne suggested labeling it "City Celebrations". Interim City Manager informed that SAFB hopes to get back on track to have a fireworks event next year. He thanked everyone who went to San Antonio in support of SAFB. It was a great turn out. Intern City Manager informed that there would be a press conference Wednesday at 9:30 a.m. regarding some additional air service at Municipal Airport. He announced that Mayor Lyne and he would hold a town hall meeting next Tuesday, July 26, 2005 at Martin Luther King Center at 7 p.m. and everyone is invited to attend. Item 10c City Council went into Executive Session at 9:55 a. m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:05 a. m. Mayor announced that no votes were taken during Executive Session. 596 Item 10dO a) Moved by Councilor Gonzalez to appoint the following persons to the Construction Board of Adjustment &Appeals with terms to expire December 31, 2005. Mr. Dan Shine, Place 12 (Electrical Contractor) Mr. Clint Byrd, Place 13 (Master Electrician) Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10d (1 b) Moved by Councilor Ginnings to appoint the following elected officials to Nortex Regional Planning Commission. They will serve during their elected term of office. Mayor Lanham Lyne and Mayor Pro Tem/Councilor District 4 Ray Gonzalez Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10d 0 c) Mayor Lyne appointed Mrs. Carol Marlar to Place 2 of the Housing Authority with term to expire July 31, 2007. This is a Mayoral appointment. Item 10d0 d) Moved by Councilor Gonzalez to appoint the following persons to the Clean Community Commission with terms to expire as set out. Mr. Rick Hatcher, Place 7, term expires December 31, 2006 Mrs. Keesha Cribbs, Place 10, term expires December 31, 2005. Mr. Johnny Worley, Place 13, term expires December 31, 2006 Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10d0 e) Moved by Councilor Gonzalez to reappoint Mr. James Sernoe, Place 9, to the Library Advisory Board with term to expire July 31, 2008, and to appoint Mrs. DeDe Chandler as the Alternate to the North Texas Regional Library System Assembly Representative with term to expire July 31, 2007. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 597 Item 10e Mayor Lyne appointed the following panel of citizens to serve on the Charter Review Commission; specific purpose committee that will cease to exist after recommendations are made to the Council. Mr. Tim Ingle, District 4 Mr. Damon Johnson, District 2 Ms. Jill King, District 1, Ms. Mary Hurley, District 4 Mr. Tim Dunn, District 2 Ms. Cheryl Malone, District 2 Mr. Larry Lambert, District 4 Mr. JW Martin, District 4 Ms. Ranette Halverson, District 4 Mr. Richard Lewis, District 5 Mr. David Brock, District 2 City Attorney and City Clerk will serve as Support Staff. Mayor Lyne charged the Commission to review the City Charter in general, propose amendments, and make recommendations to the Council. City Council adjourned at 10:20 a. m. PASSED AND APPROVED this day of 4 , 2005. RA%4GOWAI-132 MAYOR PRO TEM ATTEST: Lydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, July 19, 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: Pastor Charles Thomason Faith Village Church of Christ (b) Pledge of Allegiance 3. Presentations: Bringing Professional Baseball Back To Wichita Falls 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 Two (2) Heavy Duty Transit Buses To Lasseter Bus Company, Inc., In The Amount Of $375,912.00 (Council Bill #159) RES. 102-2005 (b) Resolution To Award Bid For The Purchase Of Seventeen (17) City Council Agenda Tuesday, July 19, 2005 Page 2 Ford Crown Victoria Police Patrol Vehicles To Philpott Motors, Ltd., In The Amount Of $342,312.00 (Council Bill #160). RES. 103-2005 (c) Resolution Authorizing Award Of Bid For The Purchase Of Lightbars And Sirens To GT Distributors, In The Amount Of $38,121.60; And For The Purchase Of Vehicle Partitions And Speakers (Council Bill #161). RES. 104-2005 7. Receive Minutes (a) Wichita Falls Park Board, April 28, 2005 (b) Planning & Zoning Commission, May 11 , 2005 (c) Citizens Advisory Committee, TIF #2, May 25, 2005 REGULAR AGENDA 8. Public Hearing/Ordinance (a) Public Hearing On Hazardous Structures, An Ordinance Declaring Certain Structures As Dangerous, In Violation Of Ordinance And Commanding Certain Action With Regard To Same (Council Bill #162). ORD. 53-2005 9. Resolutions (a) Resolution Accepting The Service Plan For The Provision Of Municipal Services For An Area Proposed For Annexation South Of Southwest Parkway And West Of Gregg Road; Calling For Two Public Hearings On The Proposed Annexation To Be Held In August 2005 (Council Bill #163). RES. 105-2005 (b) Resolution to Approve Contract with Willis, Graves and Associates, Inc. for Wholesale Water Cost-of-Service and Rate Study (Council Bill #164). RES. 106-2005 (c) Resolution Accepting Supplemental Funding Of The North Texas Regional Drug Enforcement Task Force (Council Bill #165). RES. 107-2005 10. Other Council Matters (a) Staff Council Discussion City Council Agenda Tuesday, July 19, 2005 Page 3 (b) Discussion Of Items Of Concern To Members Of The City Council. (c) Executive Session (1) Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551.074 Of The Texas Government Code. (A) Construction Board of Adjustment & Appeals (B) Nortex (C) Housing Authority (d) Open Session (1) Board/Commission Appointments (A) Construction Board of Adjustment & Appeals (B) Nortex (C) Housing Authority (D) Clean Community Commission (E) Library Board (e) Appointments to the Charter Review Committee/2005. 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