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Min 11/01/2005 657 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 1, 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 Chaplain Perfecto Sevilla, Disabled American Veterans, Wichita Falls Chapter 41, gave the invocation. Item 2b Disabled American Veterans, Wichita Falls Chapter 41, led in the Pledge of Allegiance. Item 3a Mrs. Tonya Harvey, Customer Service Representative I, Finance/Utility Billing and Collections, was recognized as employee of the month for November 2005. Mayor presented Mrs. Harvey with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Item 3b Mayor informed that citizens had approached him wanting to honor Jack Murphy in celebration of his 20 years service and accomplishments in the City of Wichita Falls. Mayor proclaimed November 1, 2005 as "Jack Murphy Appreciation Day in Wichita Falls". Mr. Murphy was thanked for his accomplishments in beautifying our City. His employees were recognized and appreciation was expressed to them as well for their hard work in helping to see our City filled with beauty and life. Mrs. Marion Hodges read a letter she wrote to the Times Record News Editor in appreciation of Jack Murphy. A video was shown of the projects Mr. Murphy has brought to this City. Item 4 David Brock, 320 Hilltop, thanked Mr. Scott Taylor and his crew for the great job they did on Windthorst Road. He thanked them on behalf of the Sunnyside residents for a job well done. 658 Item 5 The Minutes were approved as distributed. Item 6 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, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Minutes of the following board and commission meetings were received. a. Animal Shelter Advisory Committee — June 9, 2005 b. Wichita Falls MPO Technical Advisory Committee —July 13, 2005 c. Planning and Zoning Commission — September 14, 2005 d. Landmark Commission — September 30, 2005 Item 7a A proposed ordinance amending Chapter 26, Article Vill of the Code of Ordinances regarding Wrecker Businesses was presented. Moved by Councilor Elmore that proposed ordinance be passed. Motion seconded by Councilor Gonzalez. Mr. Matt Benoit informed on proposed modifications. A lengthy detailed discussion ensued regarding consent tows, non-consent tows and their process, the various proposed fees and what is regulated by State law. Public protection against exorbitant fees and wrongful impoundment were concerns expressed by Council members. City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m. Discussion on Item 7a continued. Councilor Gonzalez suggested doing spot checks on the different tickets that a wrecker services has for the past month to determine if there is any foul play. Mr. John Vasquez stated that he did not have the resources for that. Councilor Gonzalez clarified that he was talking about doing random checks. City Manager stated that we would find the staff to do that. Moved by Councilor Ginnings that proposed ordinance be tabled. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: Councilor Gonzalez Mayor will confer with the City Attorney to determine the best method for Council to discuss this matter, whether a work session or a sub-committee of three. This discussion will include interested parties. 659 Item 7b ORDINANCE NO. 87 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING A PORTION OF 1116 EAST SCOTT, LOT 1, BLOCK 1, MEADS SUBDIVISION, FROM RESIDENTIAL MIXED USE TO LIGHT INDUSTRIAL 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 Ammons that Ordinance No. 87-2005 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 7c ORDINANCE NO. 88-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE ZONING ORDINANCE AND THE SUBDIVISION ORDINANCE TO ALLOW THE PLANNING AND ZONING COMMISSION TO REVIEW THE MINIMUM SETBACK REQUIREMENTS WHEN COMMERCIAL ESTABLISHMENTS DEVELOP NEXT TO SINGLE FAMILY RESIDENTIAL OR DUPLEX USES WITHIN NON-SINGLE-FAMILY ZONING DISTRICTS; 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. 88-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 7d ORDINANCE NO. 89-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE SANITATION FUND FOR PURPOSES OF PURCHASING 91 ACRES OF LAND; 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. 89-2005 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 660 Item 7e ORDINANCE NO. 90-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROPRIATING $22,000 FROM THE GENERAL FUND TO PARTIALLY FUND A PROFESSIONAL SERVICES AGREEMENT FOR GOLF COURSE CONSULTING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCEWAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Roberts-Burns that Ordinance No. 90-2005 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 8a This item, relating to wrecker service contracts, was removed from agenda by the City Manager. Item 8b RESOLUTION NO. 151-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO DIRECT THE PROPERTY ADMINISTRATOR TO PURCHASE A NINETY-ONE (91) ACRE TRACT OF LAND KNOWN AS BLOCK 8, SOUTHSIDE FARMS, LOCATED TO THE WEST OF WYLIE ROAD BETWEEN THE WICHITA RIVER AND SEYMOUR HIGHWAY, WICHITA FALLS, WICHITA COUNTY, TEXAS AND IMMEDIATELY ADJACENT TO THE CITY LANDFILL, FOR THE PURPOSE OF PROVIDING A DIRT SOURCE FOR DAILY AND INTERMEDIATE COVER IN AN EFFORT TO HELP ELIMINATE THE CITY'S DIRT DEFICIT PROBLEMS; 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.151-2005 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 8c RESOLUTION NO. 152 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2005-2006 BUDGET OF THE WICHITA FALLS 4B SALES TAX CORPORATION IN THE AMOUNT OF $25,000 TO COMPLETE A GOLF COURSE CONSULTING 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 Gonzalez that Resolution No.152-2005 be passed. Motion seconded by Councilor Elmore. 661 Item 8c continued Councilor Gonzalez clarified that in Item 7e, Page 1, the 4B Board was not reluctant we just had questions. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8d RESOLUTION NO. 153 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH GOLFSCAPES/SIRIUS GOLF ADVISORS TO COMPLETE A COMPREHENSIVE PLAN FOR WEEKS PARK GOLF COURSE; 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. 153-2005 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9a There were no staff reports. Item 9b Councilor Ammons expressed concern about the Wendover Flight. City Manager will check into that and inform her. Councilor Ammons commented that the City Manager does a great job and expressed appreciation to his secretary, Cheryl Elliott, as well. Councilor Gonzalez thanked Mr. Scott Taylor for completing the guardrail job at the Cypress Street Bridge. That problem was resolved satisfactorily. Councilor Norrie referred to hauling trash to the landfill and asked if citizens have the option to get a tarp or is it an automatic ticket? Mr. Scott Taylor replied that citizens are given the opportunity to get a tarp to cover their haul. Councilor Ginnings referred to the provisions dealing with home alarm systems and the number of false alarms allowed per year. He noted that after a certain number of false alarms, a service fee is charged, and he understands the reason for that. However, those are less threatening situations than when officers are dispatched to areas like the local bars where you have disturbances and the police have to expose themselves to personal danger. He asked about charging a fee from the first call or at the least as a minimum put a number of three calls and get some help, from an enforcement standpoint, from these places that attract this sort of things, even fatalities. He wanted to hear from staff on this in a memo, and asked that they look into it. Councilor Ginnings referred to the severe drug problem in our City and suggested a penalty enhancement for DUls that involve illegal drugs. He also asked about the possibility of testing a person when apprehended. Councilor Elmore agreed that meth is the worst thing that has hit the country and I am in favor of Councilor Ginnings' suggestions. J 662 Item 9b continued Councilor Elmore congratulated the Police Department, especially Officer Steve Carroll, who works with Neighborhood Watch Programs. Councilor Elmore stated that this Program has helped to eliminate a problem. Councilor Roberts-Burns informed that the District 2 meeting would be held November 7 at Martin Luther King Center beginning at 7:00 p.m. Mayor Lyne thanked the staff for making arrangements to attend the Texas Municipal League Conference. It was a very good session and very helpful. Session information can be obtained on the TML website. Item 10 City Council recessed at 10:45 a.m. Item 11 City Council proceeded to the Multi-Purpose Events Center parking lot to view the new Parks and Recreation portable stage. Mr. Jack Murphy was on hand to provide details. The City Council then proceeded to tour the Cypress Water Treatment Plant and Jasper Water Treatment Plant. Mr. Scott Taylor provided information on these projects. City Council adjourned at 1:00 p.m. PASSED AND APPROVED this I'— day of,� 2005. LANHAM LYNE MAYOR 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, November 1 , 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: Chaplain Perfecto Sevilla Disabled American Veterans Wichita Falls Chapter 41 (b) Pledge of Allegiance 3. Presentations (a) Employee of the Month —Tonya Harvey, Utility Collections (b) Jack Murphy Appreciation 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 (a) Animal Shelter Advisory Committee, June 9, 2005 (b) Wichita Falls MPO Technical Advisory Committee, July 13, 2005 (c) Planning & Zoning Commission, September 14, 2005 (d) Landmark Commission, September 30, 2005 City Council Agenda Tuesday, November 1, 2005 Page 2 REGULAR AGENDA 7. Ordinances (a) Ordinance Amending Chapter 26, Article VIII Of The Code Of Ordinances Regarding Wrecker Businesses (Council Bill #247) (b) Ordinance Rezoning A Portion Of 1116 East Scott, Lot 1 , Block 1, Meads Subdivision From Residential Mixed Use To Light Industrial Zoning (Council Bill #248) (c) Ordinance Amending the Zoning Ordinance And The Subdivision Ordinance To Allow The Planning And Zoning Commission To Review The Minimum Setback Requirements When Commercial Establishments Develop Next To Single-Family Residential Or Duplex Uses Within Non-Single-Family Zoning Districts (Council Bill #249) (d) Ordinance Making An Appropriation From Sanitation Fund Equity For Purposes Of Funding The Purchase Of 91 Acres (Council Bill #250) (e) An Ordinance Appropriating $22,000 From The General Fund To Partially Fund A Professional Services Agreement For Golf Course Consulting (Council Bill #251) 8. Resolutions (a) A Resolution Authorizing The City Manager To Execute Contracts On Behalf Of The City Of Wichita Falls For Tow Truck Services (Council Bill #252) (b) Resolution Authorizing The Purchase Of A 91 Acre Tract Of Land Known As Block 8, Southside Farms, Located To The West Of Wylie Road Between The Wichita River And Seymour Highway, Wichita Falls, Wichita County, Texas And Immediately Adjacent To The City Landfill For The Purpose Of Providing A Dirt Source For Daily and Intermediate Cover In An Effort To Help Eliminate The City's Dirt Deficit Problems (Council Bill #253) (c) A Resolution Authorizing An Amendment To The Fiscal Year 2005-2006 Budget Of The Wichita Falls 4B Sales Tax Corporation In The Amount Of $25,000 For Golf Course Consulting Services (Council Bill #254) (d) Resolution Approving A Professional Services Agreement With GolfScapes/Sirius Golf Advisors To Complete A Comprehensive Plan For Weeks Park Golf Course (Council Bill #255) City Council Agenda Tuesday, November 1, 2005 Page 3 9. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Recess 11 . The City Council Will Proceed To View The New Portable Stage Currently Stored At MPEC And For Tours Of The Cypress & Jasper Water Treatment Plants. 10. Adjourn At Jasper Water Treatment Plant. 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