Min 10/04/2005 641
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
October 4, 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
Linda Ammons -
Dorothy Roberts-Burns -
Michael Norrie -
Charles Elmore -
Darron Leiker - City Manager
Bill Sullivan - City Attorney
Lydia Ozuna - City Clerk
Mayor called the meeting to order.
Item 2a
Pastor David Barnes, New Life Church, gave the invocation.
Item 2b
Councilor Gonzalez led in the Pledge of Allegiance.
Item 3a
Mrs. Cheryl Foster, Cemetery Supervisor I, Parks Department, was recognized as
employee of the month for October 2005. Mayor presented Mrs. Foster with a plaque, City pin,
check, dinner for two, and Weeks Park Golf Course passes.
Item 3b
Mayor proclaimed October 2005 as "Domestic Violence Awareness Month" in Wichita Falls.
Mrs. Xochitl Pruit, First Step Director, accepted the proclamation and expressed appreciation to
everyone who supports First Step.
Item 4
Tom McCorkill, 4907 Kitty Street, representing the Wichita Falls Professional Baseball
Booster's Club, presented t-shirts to the Council in support of bringing professional baseball back
to Wichita Falls.
Item 5
The Minutes were approved as corrected.
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Item 6
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 Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez,
and Elmore
Nays: None
Minutes of the following board and commission meetings were received.
a. Planning and Zoning Commission —August 10, 2005
Item 7a
ORDINANCE NO. 82-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, RENAMING NORTH EASTSIDE DRIVE AND EASTSIDE DRIVE TO
NORTH MLK JR. DRIVE AND MLK JR. DRIVE, RESPECTIVELY; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Gonzalez that Ordinance No. 82-2005 be passed.
Motion seconded by Councilor Ammons.
Mr. David Clark informed that notification letters and reply forms were sent to
North Eastside Drive and Eastside Drive property owners. Out of 114 letters mailed, 8 were
in favor of the renaming and 20 were opposed. He noted that the opposition was mainly
from businesses.
Margaret Crittendon, 1308 Eastside Drive, spoke against this ordinance. She felt
Harding Street would be more appropriate. She did not think renaming Eastside Drive
would do Martin Luther King, Jr. justice. She mentioned other streets such as Kell, and
Sheppard Access.
Lindsey Walker, 1411 Trout, spoke in favor of this ordinance. He did not object to
renaming Harding but felt Eastside Drive had more traffic. He preferred Martin Luther King,
Jr. Drive instead of MLK, Jr. Drive. He was in agreement to finding an appropriate street or
boulevard as long as they could have input.
A lengthy discussion ensued on what would be the best process to accomplish this.
Moved by Councilor Norrie that this item be tabled.
Motion seconded by Councilor Ammons.
Councilor Roberts-Burns was in favor of tabling this because she would like more
input from the Eastside Drive property owners.
Councilor Ginnings was not in favor of tabling this and proposed to offer a substitute
motion.
Councilor Norrie withdrew his motion to table.
Councilor Ginnings felt we should approve an ordinance that would name a street
after Martin Luther King, Jr. with the street to be determined either by ballot or community
input.
Councilor Norrie felt that tabling this would just give Council more time to work on
this and figure out what we want to do.
Councilor Roberts-Burns suggested putting it on the ballot.
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Item 7a continued
Councilor Ginnings thought it would be important to the community that Council
vote that this is going to be done.
Councilor Ginnings offered the following substitute motion.
Moved by Councilor Ginnings that the Council is committed to naming a suitable
street after Marin Luther King, Jr., and the selection of that street to be determined in an
appropriate manner and brought to a vote no later than the next Municipal General
Election.
The definition "appropriate manner" was discussed. It was noted that this would
include Staff recommendations, Council approval, and polling the community. In addition it
would include putting this to a vote if Staff felt that was the appropriate way. Since this
issue has come primarily from the East Side District, Councilor Ginnings felt the input
should come from that District.
Councilor Ginnings clarified that with this motion Council is committing to naming a
street after Martin Luther King, Jr., and that goes past promising.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, and Elmore
Nays: Councilors Ammons, Norrie and Gonzalez
City Council recessed at 9:43 a.m. and reconvened at 10:00 a.m.
Item 7b
A proposed ordinance was presented amending Chapter 26, Article VIII of the Code
of Ordinances regarding wrecker businesses.
Moved by Councilor Ammons that proposed ordinance be passed.
Motion seconded by Councilor Ginnings.
Mr. Matt Benoit informed that the purpose of this ordinance was to govern non-consent
wrecker tows.
Mr. John Vasquez reviewed the nineteen proposed revisions. Consent and non-consent
tows were discussed.
Councilor Ammons expressed concern that something was not quite right and until she
finds out more about the wrecker ordinance she would like to table it.
Moved by Councilor Ammons that this item be tabled.
Motion seconded by Councilor Ginnings.
Councilor Norrie suggested that Council hear from those that are present to speak.
Councilor Ammons wanted to know how this was enforced and asked about accountability.
Mr. Vasquez informed that it had not been enforced in the past but the police have a certain way to
enforce it. He noted that no tickets had been issued in the past.
Councilor Ammons expressed concern that something has created this into a volatile issue
and has caused an inflammatory attitude, and she wanted to know the underlying cause. Mr.
Vasquez did not think they were missing anything, but feels that possibly the effort to tighten up
this ordinance, especially in the enforcement, could have something to do with that.
Mr. Vasquez explained the different types of tows. Discussion ensued regarding
notification fees, storage and other related wrecker fees. Mr. Vasquez informed that Council could
regulate the notification fee as long as it was not over what the State sets. Council can set it for
the City impound but not for those that are not on the rotation.
Councilor Ammons expressed concern about the lack of accountability.
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Item 7b continued
Enforcement and additional hourly charges, as well as out of town mileage, were
discussed.
Kevin Callahan, Collins Wrecker, stated that he agreed with most of what was in the
proposed ordinance. One of the problems was that after our meeting the City Manager was going
to verify figures and we believe that has been done, but the figures you have today were never
given our consent. We do not understand how the rate went up from $75 to $110. That was a
huge jump in pricing. We should have had some advance notice; I do not think that the $110 fee
can be justified. It would be better if a fuel surcharge would be made instead of a rate increase.
He felt that the body shops should also have a say in this because it affects them as well. It also
has a direct affect on the City and its budget because you will be paying more for heavy vehicles
being towed to garages. We have serious questions about the rates and would like more time to
study this. There seems to be a lot of controversy. He suggested splitting the non-consent towing
from private parking facilities; create two ordinances instead of one for clarity purposes.
Jody Wade, Big Daddy's Wrecker, stated that these wreckers are valued at over $100,000
and the light duty wreckers are over $60,000. The City is required to do a rate study and Staff did
that. Everyone was in agreement when we left that meeting. He provided Council a handout. He
suggested that Council check with Staff to see what research has been done on the fees. He said
everyone had agreed to the $125 and $110 fees at the meeting, and he thought there was a
hidden agenda. He did not think Council needed to pre-judge the other wreckers.
Councilor Ginnings stated that Council was not pre judging and that is why they are
listening to him now. Do you have an opinion about separating the private tows from the police
initiated tows? Mr. Wade stated that private lot tows are mainly regulated by State law and it is
very strict and heavily enforced by the State.
Councilor Ginnings did not think there should be a surcharge for a vehicle that is not on the
hard surface. Discussion ensued regarding the various charges and explanation of those charges.
Donnie Melton, 3105 Windthorst Road, Melton's Wrecker Service, informed that at one
time he was a contract carrier and he would not recommend it because it is going to be dealing
only with the City. There would be no private tows. You become the bad guy in town because you
are taking business from the other wrecker businesses. I can do three individual tows to one City
tow. If the City does not regulate the non-consent tows they could be up higher, depending on the
company.
Kevin Callahan, Collins Wrecker, clarified that the list of fees provided by Jody Wade to
Council was a list of maximum fees and that is what is posted, however, our fees do not reach the
maximum fees. He has tickets to validate this statement.
After suggestion to table part of the ordinance and act on another part of the ordinance,
City Attorney informed that it could not be done that way, either it was tabled entirely or acted upon
completely.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, and Norrie
Nays: Councilors Gonzalez and Elmore
Council will provide guidance to Staff as to what they are wanting them to provide them.
This item will be placed back on the agenda within two weeks.
Item 8a
City Manager pulled this item from the agenda since it is in correlation with the item first
above dealing with wreckers.
City Council recessed at 11:20 a.m. and reconvened at 11:35 a.m.
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Item 8b
RESOLUTION NO. 137-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT,
REJECT, ALTER OR TERMINATE THE SIXTEENTH YEAR 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 Norrie that Resolution No. 137-2005 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez,
and Elmore
Nays: None
Item 8c
RESOLUTION NO. 138 -2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING JOINT FUNDING AGREEMENT WITH THE U. S.
GEOLOGICAL SURVEY FOR WATER RESOURCES INVESTIGATIONS;
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. 138-2005 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez,
and Elmore
Nays: None
Item 8d
RESOLUTION NO. 139 -2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS
WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS AND
ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM
INDUSTRY; 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. 139-2005 be passed.
Motion seconded by Councilor Norrie and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez,
and Elmore
Nays: None
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Item 8e
RESOLUTION NO. 140-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK
SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY
HANDICAPPED PERSONS; 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.140-2005 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez,
and Elmore
Nays: None
Item 8f
City Manager pulled this item from agenda because of a new development. This will be
presented to Council at a later date. Item was a non-annexation agreement with Saint-Gobain
Vetrotex Corporation.
Item 8g
RESOLUTION NO. 141-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
AWARDING A PROPOSAL FOR THE CITY'S INSURANCE PROGRAM TO BARNARD
INSURANCE; 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. 141-2005 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez,
and Elmore
Nays: None
Item 9
Moved by Councilor Ginnings to appoint Mrs. Lauren Jansen to the Wichita Falls/Wichita
County Public Health Board in Place 2, with term to expire December 31, 2006.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez,
and Elmore
Nays: None
Item 10a
Mr. Scott Taylor informed that there are some delays in opening the Reverse Osmosis
Facility because of the two hurricanes. We have been unable to receive materials and this has
caused delays.
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Item 10b
Councilor Ammons stated that she liked the Falls Focus magazine and suggested sending
this and other type events held in our City to TML for publication in the Texas Town and City
magazine. City Manager will follow up on that. Councilor Gonzalez suggesting sending TML a
photo of our welcome sign at the southern entrance to the City, as well.
Councilor Gonzalez asked Staff to look into kids riding off-road motorcycles in the alleys
and off the street.
Councilor Norrie complimented the City of Wichita Falls for helping out in the Falls Fest
event and how well it was handled after it was rained out. City Manager gave the credit to the
employees who were called back and were great about doing it.
Councilor Norrie asked the City Manger to mention the promotions. City Manager
mentioned that John Burrus is the Acting Director of Aviation, Traffic and Transportation.
Councilor Ginnings stated that he was glad to see the drug arrests that have been made.
He asked the Police Department to keep up what they are doing and broaden that to all the other
areas. Chief Bachman noted that their folks had worked pretty hard on that. He will gather some
basic reports with stats on what they are doing and provide those to Council.
Councilor Ginnings reported that the Curb and Gutter Subcommittee had met with
Community Development and Public Works representatives and they have made a modification.
We are going to review this and will bring back to the Council.
Councilor Ginnings mentioned that the Floral Heights Addition has a very effective
Neighborhood Watch Program, and asked that we try to initiate neighborhood watch programs
throughout the City. He would like for us to have a proactive stance and have a plan about this.
He said that there were rumors that some neighborhoods are interested in starting one but are
afraid of retaliation, and he suggested that someone be charged with the responsibility to try to
eliminate these concerns.
Councilor Ginnings referred to our City limits signage and suggested that the following
wording be added: "Home of Sheppard Air Force Base". It is a point of support to S.A.F.B. and a
sense of pride to our City. Acting Director of Aviation, Traffic, and Transportation will look into this
Councilor Elmore stated that there had been problems with break-ins; paint balling and
egging vehicles in the Missile Road area. He stated that neighborhood watches are extremely
helpful and effective in this area. He asked for extra police patrol in that area. Officer Steve
Carroll is the contact for neighborhood watch programs. His Distinct meeting will be held next
Monday at the McDonald's on Enterprise. He informed that it had to be moved because Monday
will be a school holiday. He added that they have a problem finding a place to meet around the
Base when the schools close. He asked for suggestions from the public for a location.
Councilor Roberts-Burns thanked the Chief Bachman, Dare Officer, and all the officers who
cooked hotdogs for the Mentor Program.
Mayor Lyne gave an update on the hurricane evacuees and he thanked everyone for
getting out and helping like they did. This City has so much compassion and it was reflected in
how they turned out to help. He mentioned how one of the bus drivers who had been transporting
evacuees complimented our City stating that the way we handled this situation was the best he
had seen.
Item 11
City Council went into Executive Session at 12:30 p.m. as authorized by Section 551.074 of
the Texas Government Code.
City Council reconvened at 2:35 p. m.
Mayor announced that no action or votes were taken during Executive Session.
City Council adjourned at 2:36 p.m.
i
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PASSED AND APPROVED this _day ofLtLQ-k �, 2005.
LANHAM LYNE
MAYOR
ATTEST:
mu
Lvdia 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, October 4, 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 David Barnes
New Life Church
(b) Pledge of Allegiance
3. Presentations: Employee of the Month - Cheryl Foster
Domestic Violence Awareness Day
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
Planning & Zoning Commission, August 10, 2005
City Council Agenda
Tuesday, October 4, 2005
Page 2
REGULAR AGENDA
7. Ordinances
(a) Ordinance Renaming North Eastside Drive And Eastside Drive
To North MLK Jr. Drive And MLK Jr. Drive Respectively (Council
Bill #225)
(b) Ordinance Amending Chapter 26, Article Vill Of The Code Of
Ordinances Regarding Wrecker Businesses (Council Bill #226)
8. Resolutions
(a) Resolution Amending Current Contract Associated with Chapter
26, Article Vill Of The Code Of Ordinances Regarding Wrecker
Businesses. (Council Bill #227)
(b) Resolution Authorizing Application For The Sixteenth Year
Funding Of The North Texas Regional Drug Enforcement Task
Force (Council Bill #228)
(c) Resolution Approving Joint Funding Agreement With U.S.
Geological Survey For Water Resources Investigations (Council
Bill #229)
(d) Resolution Authorizing The City Manager To Execute Contracts
With Several Community Service Organizations And
Organizations That Promote The Convention And Tourism
Industry (Council bill #230)
(e) Resolution Authorizing The City Manager To Execute A Contract
With Work Services Corporation For Services Provided By
Vocationally Handicapped Persons (Council Bill #231)
(f) Resolution Approving A Non-Annexation Agreement With
Saint-Gobain Vetrotex Corporation, Guaranteeing Its Immunity
From Annexation For A Period Of Six Years Beginning January
1 , 2006. (Council Bill #232)
(g) Resolution Awarding A Proposal For The City's Insurance
Program To Barnard Insurance. (Council Bill #233)
9. Appointment to the City/County Health Board
10. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City
Council.
City Council Agenda
Tuesday, October 4, 2005
Page 3
11 . Executive Session
Deliberate The Evaluation Of The City Council Appointed Officials As
Authorized By Section 551 .074 Of The Texas Government Code
12. 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