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Min 10/18/2005 649 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building October 18, 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 Michael Norrie - Dorothy Roberts-Burns - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Linda Ammons - Absent Mayor called the meeting to order. Item 2a Dr. David Hartman, First Christian Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Fire Marshall Collins expressed appreciation to the entire Fire Department for their involvement in the Fire Prevention Poster and essay Contest. He also thanked the Midwestern State University English and Art Departments for their invaluable help. Mr. Bill Franklin, representing American National Bank, was recognized as the Corporate Sponsor. Winners were recognized and the Mayor presented each one with a plaque and certificate. Item 3b Mayor Lyne proclaimed October as "Fire Prevention Awareness Month" and encouraged citizens to pursue proactive safety plans. Fire Marshall Collins accepted the proclamation on behalf of the Fire Department. Item 3c Mayor Lyne proclaimed the week of October 17-21, 2005 as National Business Women's Week in Wichita Falls, and encouraged everyone to promote the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic, and cultural purposes. Mrs. Kellie McCord, President of Wichita Falls Business and Professional Women, as well as other BPW members, accepted the Proclamation. 650 Item 4 City Clerk announced that Waymon Bell, 5136 Kingston, had signed up to speak. Mr. Scott Taylor informed that he had spoken with Mr. Bell and addressed his concern. City Clerk announced that Vanessa Koetter, 4611 Summit, had signed up to speak but was not present. Item 5 The Minutes were approved as distributed. Items 6a-7c 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 Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 6a RESOLUTION NO. 142-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE MUNICIPAL ANNEX BUILDING REROOFING PROJECT, CWF05-100-25 AND AUTHORIZE FINAL PAYMENT TO MARANT CONSTRUCTION, INC.; 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. 143-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING SALARY INCREASES FOR CERTAIN COUNCIL APPOINTEES; 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. 144-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF 848 ROLLOUT REFUSE CARTS AND 400 ROLLOUT YARD WASTE CARTS FROM REHRIG PACIFIC COMPANY, IN THE AMOUNT OF $56,409.92, THROUGH THE BUY BOARD PURCHASING COOPERATIVE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7c Minutes of the following board and commission meetings were received. a. Library Advisory Board —August 23, 2005 b. Wichita Falls Park Board —August 25, 2005 c. Wichita Falls Traffic Safety Commission — September 7, 2005 651 Item 8a ORDINANCE NO. 83-2005 ORDINANCE APPROVING A CONDITIONAL USE PERMIT (CASE C 05-34) TO ALLOW A LIMITED MULTIFAMILY DEVELOPMENT TO BE CONSTRUCTED AT 4701 WYOMING AVENUE; 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. 83-2005 be passed. Motion seconded by Councilor Norrie. The following persons spoke against this ordinance. Kim Ferris, 4417 Concord, Eric Cook, 4409 Concord, Scott Storm, 4716 Brookdale, Ann Opperman, 4812 Mount Everest, Dale Kepler, 4713 Coronado, Don Rosignol, 4884 Matterhorn, Jim Tomanek, 4851 Matterhorn The reasons given for their opposition were traffic hazards, increased traffic, narrow streets, unmanageable traffic, proposed complex is too big and inappropriate for that single family residence neighborhood, decreased water pressure, greater strain on fire hydrants, flooding problems, future maintenance of the complex and grounds, future sale of the complex. Staff addressed the concerns stated. Martin Litteken, Cornerstone Engineering, representing the property owner, spoke in favor of this ordinance, and responded to some of the concerns expressed. Chet Hooper, 4614 Mistletoe, property owner and developer, spoke in favor of this ordinance, stating that he was going to keep the complex. He explained his plans noting that he wants to have a nice complex noting that it would not be a low rent project. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, and Gonzalez Nays: Councilor Elmore City Council recessed at 10:25 a.m. and reconvened at 10:35 a.m. Item 8b ORDINANCE NO. 84-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ORDERING A CERTIFICATION ELECTION UNDER CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE; 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. 84-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 652 Item 8c ORDINANCE NO. 85-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, AT ARTICLE II, BUILDING CODES TO DELETE THE ENERGY EFFICIENCY SECTION; 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. 85-2005 be passed. Motion seconded by Councilor Norrie. Mr. David Clark explained that there are references to the Energy Conservation Code in the International Code but when it was adopted the Energy Code was specifically struck out; it was not intended to be a part of the International Code. This ordinance would delete those references to the Energy Code. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8d ORDINANCE NO. 86-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 46, WEEDS, RUBBISH AND UNSANITARY MATTER, BY THE ADDITION A DEFINITION OF VINES UNDER SECTION 46- 121 DEFINITIONS AND AN ADDITION OF SECTION 46-124 b; 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.86-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9a RESOLUTION NO. 145-2005 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) YEAR COMMERCIAL LEASE FOR APPROXIMATELY 134,456 SQUARD FEET (3.08 ACRES) KNOWN AS LOT 1 BLOCK X, LAKE KICKAPOO — NORTH, ALSO KNOWN AS KICKAPOO GENERAL STORE; 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. 145-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 653 Item 9b RESOLUTION NO.146-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AGREEMENT WITH MCGRATH CREEK CROSSING LTD. REGARDING THE DEVELOPMENT OF A COMMERCIAL COMPLEX WITHIN THE TAX INCREMENT FINANCING REINVESTMENT ZONE #2; 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. 146-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9c RESOLUTION NO. 147-2005 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT FOR ALTERATIONS IN THE RIGHT-OF-WAY ADJACENT TO UNITED REGIONAL HEALTH CARE SYSTEM 11T" STREET CAMPUS, WICHITA FALLS, WICHITA COUNTY, TEXAS TO INCLUDE REDUCING THE STREET WIDTH, PLACING STEPS, LANDINGS AND RETAINING WALLS WITHIN THE RIGHT-OF-WAY; 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.147-2005 be passed. Motion seconded by Councilor Gonzalez. Rick Sims, representing Bundy, Young, Sims and Potter, addressed the parking, loading/unloading of passengers, and pedestrian visibility. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9d RESOLUTION NO. 148-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AGREEMENT WITH BLACK & VEACH CORPORATION FOR CHLORINE DIOXIDE RESIDUAL 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 Elmore that Resolution No. 148-2005 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 i 654 Item 9e RESOLUTION NO. 149-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE ADVANCE FUNDING AGREEMENT FOR THE CONSTRUCTION OF LOOP 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 Elmore that Resolution No.149-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9f RESOLUTION NO. 150-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF CONTRACT FOR RENOVATION OF THE MUNICIPAL AIRPORT TO MARVIN GROVES ELECTRIC COMPANY IN THE AMOUNT OF $55,723.80; 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. 150-2005 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10a Mr. Scott Taylor announced that there would be compost give-away on Saturday October 22 from 9:00 a.m. to 3:00 p.m. He mentioned that this was only for the Wichita Falls residents and that commercial vendors would not be allowed to take compost. He asked citizens to bring a tarp to cover the compost. Mr. John Burris, Acting Director of Aviation, Traffic, and Transportation, provided an update on the request to include Sheppard Air Force Base to the City limit signs. It was suggested that the word "proud" be added to the signs. City Clerk announced that the new electronic voting machines, iVotronics, would be available for voter testing on the third floor of Memorial Auditorium on October 21, 2005 between the hours of 10:00 a.m. and 2:00 p.m. City Clerk encouraged voters to come and test the iVotronic. Item 10b Councilor Roberts-Burns asked that staff address the rundown condition of the railroad tracks. Councilor Roberts-Burns requested that staff check into a collection box for mail pickup in District 2. Councilor Elmore thanked the Police Department for attending his District meeting at City View High School. It was a good meeting on neighborhood watch programs. Councilor Elmore said, in reference to a letter from Mr. Lee to the Council and the Times Record News, that he had listened to the audiotape relating to this incident and there was nothing 655 Item 10b continued that indicated anything negative on the part of the police officer's behavior. He added that the letter from Mr. Lee was not true. The police officer involved went to lengths to make certain that he was courteous and professional in his operation. Councilor Ginnings thanked Chief Bachman for the arrest report he provided Council. He suggested that the Chief consider tracking these if he could and see if there are indictments and prosecutions or lack of. The purpose is to bring public pressure where there is a perception of lack of prosecution. Councilor Ginnings mentioned that he had suggested that the City have an employed person to recruit neighborhood watch programs. He expressed appreciation to the City Manager for the report he provided Council. We now have 37 neighborhood watch programs, but that is still not enough for this City. He thanked Staff for proceeding with that and suggested that the higher crime areas be targeted. Councilor Ginnings stated that it had been brought to Council's attention that there are houses in different parts of town where a lot of illegals are being housed, and these houses may be used in a kind of motel and hotel sense. He would like a definition of that as to where this exists and what we are dealing with. We do not need to determine whether they are illegal or not. He asked staff to put some thought into this. Councilor Norrie thanked the Mayor for conducting the town hall meeting in his district. He thanked all the staff that attended. He said that what Councilor referred to was brought up at the town hall meeting. There is a certain house that we need to get a report on and that situation needs to be handled appropriately. Councilor Norrie stated that the TIF Zone #2 shows forward thinking by this administration. It is really huge and Staff worked extremely hard with the developer, Paul Blackburn, and with Andy Lee. It is a precedenting event. He appreciates the forward thinking and the timeliness in which this was achieved. Councilor Gonzalez mentioned how bad the mosquitoes were at a Little League games and asked Mr. Reuben Warren to see about spraying out there. Mr. Warren replied that they would and asked for some prior notice so they could go out and spray. Councilor Gonzalez thanked Mr. Scott Taylor for working to resolve the handrail issue at the Cypress Street Bridge. Mayor Lyne, on behalf of the City Council, gave condolences to Mr. JW Martin's family. Mr. Martin was elected to serve as Councilor District 4 and was currently serving on the Charter Review Commission. He gave a great deal of service to the community, and will be greatly missed. Mayor Lyne informed that the City Council would tour the water treatment plants after the November 1, 2005 Council meeting. Mayor Lyne noted that last week there were a lot of things happening in our City dealing with economic development. I want the public to be aware that there are a lot of people involved from the Board of Commerce and Industry, the Convention Visitor's Bureau and from the City that are working hard to make a difference in economic development and continue to recruit businesses and growth. Mayor Lyne, in response to a public concern expressed this morning that there is a lack of representation on boards and commissions, mentioned that there is an opportunity to represent and get involved by applying for City boards and commissions. Currently there are vacancies and interested persons can contact the City Clerk for an application. It is a great way to be involved in the City and see what is going on. Mayor Lyne encouraged voters to come to City Hall and test the new electronic voting machines. 656 Item 11 City Council went into Executive Session at 12:20 p. m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 12:30 p. m. Mayor announced that no votes were taken during Executive Session. Item 12a Moved by Councilor Gonzalez to appoint the following persons to the Tax Increment Finance Reinvestment Zone#2 Board with terms to expire December 31, 2007. Mrs. Ann Bishop, Place 1, Mr. Jim Chandler, Place 2 Mr. Ben Filer, Place 3, In the same motion Mr. Ben Filer was appointed Chair with term to expire December 31, 2006. 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 12b Moved by Councilor Gonzalez that Mr. John Scroggins be appointed to the Clean Community Commission in Place 8 with term to expire December 31, 2007. 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 12c Moved by Councilor Gonzalez to appoint Mr. Rick Hatcher to the Traffic Safety Commission in Place 14, with term to expire 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 City Council adjourned 12:34 p. m. PASSED AND APPROVED this day of tJJ V" 2005. LANHAM LYNE MAYOR ATTEST- 4 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, October 18, 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: Dr. David Hartman First Christian Church (b) Pledge of Allegiance 3. Presentations: (a) Fire Prevention Poster & Essay Contest Winners (b) Fire Prevention Week (c) National Business Women's Week 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 To Accept The Municipal Annex Building Reroof Project CWF05-100-25, And Authorize Final Payment To Marant Construction, Inc. (Council Bill #234) City Council Agenda Tuesday, October 18, 2005 Page 2 (b) Resolution Approving Salary Increases For Certain Council Appointees (Council Bill #235) (c) Resolution Authorizing The Purchase Of 848 Rollout Refuse Carts And 400 Rollout Yard Waste Carts From Rehrig Pacific Company, Through The Buy Board Purchasing Cooperative (Council Bill #236) 7. Receive Minutes (a) Library Advisory Board, August 23, 2005 (b) Wichita Falls Park Board Meeting, August 25, 2005 (c) Wichita Falls Traffic Safety Meeting, September 7, 2005 REGULAR AGENDA 8. Ordinances (a) Ordinance Approving A Conditional Use Permit (Case C 05-34) To Allow A Limited Multifamily Development To Be Constructed At 4701 Wyoming Avenue (Council Bill #237) (b) Ordinance Ordering A Certification Election Under Chapter 142 Of The Texas Local Government Code (Council Bill #238) (c) Ordinance Amending Part II Of The Code Of Ordinances, Chapter 22, Buildings And Building Regulations, At Article II, Building Codes To Delete The Energy Efficiency Section (Council Bill #239) (d) Ordinance Amending Chapter 46 Article IV. Weeds, Rubbish, And Unsanitary Matter By The Addition Of A Definition Of Vines Under Section 46-121 Definitions, And An Addition Under Section 46-124b (Council Bill #240) 9. Resolutions (a) Resolution Authorizing The City Manager To Enter Into A Five Year Commercial Lease For Approximately 134,456 Square Feet (3.08 Acres); Known As Lot 1, Block X, Lake Kickapoo — North, Also Known As The Kickapoo General Store (Council Bill #241) (b) Resolution Authorizing An Agreement With McGrath Creek Crossing, LTD. Regarding The Development Of A Commercial Complex Within The Tax Increment Financing Reinvestment Zone #2. (Council Bill #242) City Council Agenda Tuesday, October 18, 2005 Page 3 (c) Resolution Authorizing The City Manager To Execute An Encroachment Agreement For Alterations In The Right-Of-Way Adjacent To United Regional Health Care System 11t" Street Campus, Wichita Falls, Wichita County, Texas To Include Reducing The Street Width, Placing Steps, Landings And Retaining Walls Within The Right-Of-Way (Council Bill #243) (d) Resolution To Approve Agreement With Black & Veatch, Corporation For Chlorine Dioxide Residual Study (Council Bill #244) (e) Resolution To Approve Advance Funding Agreement For The Construction Of Loop 11 (Council Bill #245) (f) Resolution Authorizing Award Of Contract For Renovation Of The Municipal Airport To Marvin Groves Electric Company (Council Bill #246) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Executive Session: Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551.074 Of The Texas Government Code Tax Increment Finance Board Zone #2 12. Open Session: Appointments To Boards And Commissions (a) Tax Increment Finance Board Zone #2 (b) Clean Community Commission (c) Traffic Safety Commission 13. Adjourn City Council Agenda Tuesday, October 18, 2005 Page 4 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