569
CITY COUNCIL MINUTES
Wichita Falls, Texas Memorial Auditorium Building June 21, 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 Tem
Jim Ginnings - Councilors Linda Ammons - Dorothy Roberts-Burns - Michael Norrie - Charles Elmore -
Darron Leiker - Interim City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk
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Mayor called the meeting to order.
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Item 2a
Liz Talbert, Associate Pastor, Floral Heights United Methodist Church, gave the invocation.
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Item 2b
Councilor Gonzalez led in the Pledge of Allegiance.
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Item 3
Tom McCorkill, 4907 Kitty Street, representing the Wichita Falls Professional Baseball Booster’s Club, explained that they are trying to generate interest and support to bring professional baseball back to Wichita Falls. He asked for Council to adopt a resolution to go to the Central Baseball League showing the City’s support in this effort. He left a draft resolution for Council’s consideration at their next meeting.
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Item 4
The Minutes were approved as distributed.
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Item 5a
Interim City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ginnings that the Consent Agenda be approved.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore
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Item 5a continued
Nays: None
Minutes of the April 6, 2005 Traffic Safety Commission meeting were received.
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Item 6a
ORDINANCE NO. 41-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 110-292 AS IT RELATES TO SECTION 110-57(3) OF THE CODE OF ORDINANCES REQUIRING A COMPILED FINANCIAL STATEMENT FOR A SPECIAL SERVICE VEHICLE PERMIT FOR LOS GRINGOS LOCOS, L.L.C.; DBA LOS GRINGOS 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. 41-2005 be passed.
Motion seconded by Councilor Ammons.
Mark Prickett, Marketing Director for Los Gringos Locos, LLC, informed that it was difficult and expensive to obtain a certified public accountant to sign off on the two partners’ financial statements because it would have to be done on 27 other partners.
Two options that were offered were for the applicant to provide a letter of credit or a performance bond. Mr. Prickett offered to provide either in lieu of the certified public accountant financial statement.
Councilor Ginnings asked for a copy of Los Gringos Locos, LLC’s tax return. Mr. Prickett felt they could provide that but would have to get his boss’s approval.
Moved by Councilor Norrie to pass this ordinance subject to them furnishing either a performance bond or a letter of credit in the amount satisfactory to the City Attorney and City Clerk.
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
Main motion as amended carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore
Nays: None
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Item 6b
A public hearing was held regarding authorizing a franchise for a Special Service Vehicle to Los Gringos Locos, LLC DBA Los Gringos
Mayor declared the public hearing open.
City Clerk provided information relative to the applicant’s request for a special service vehicle franchise.
Claudio Ramirez, Jr., Wichita Checkered Limousine, 400 Ohio, stated that he had no objections to Council issuing a franchise to Los Gringos. He did ask that Council review and remove the one-hour requirement for special service vehicles. 571
Item 6b continued
Mayor called for additional public comments. There being none, Mayor declared the public meeting closed.
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Item 6c
ORDINANCE NO. 42-2005
ORDINANCE AUTHORIZING A FRANCHISE FOR A SPECIAL SERVICE VEHICLE TO LOS GRINGOS LOCOS, LLC DBA LOS GRINGOS; 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. 42-2005 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
There was a proviso placed on the issuance of this franchise noted in Item 6a.
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Item 6d
ORDINANCE NO. 43 -2005
ORDINANCE MAKING APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $41,080 FOR ADDITIONAL FUNDING FOR THE PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; 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. 43-2005 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
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Item 6e
ORDINANCE NO. 44-2005
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000) TO NORTH TEXAS VISIONS OF WICHITA FALLS (VISIONS)/DOWNTOWN WICHITA FALLS DEVELOPMENT, INC. (DWFD, INC.) FOR STAFFING AND OPERATIONAL PURPOSES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Councilor Ammons stepped out of Council Chambers.
Moved by Councilor Roberts-Burns that Ordinance No. 44 -2005 be passed.
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Item 6e continued
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Gonzalez, Norrie, and Elmore
Nays: None
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Item 6f
ORDINANCE NO._45-2005
ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED $25,000.00 FOR IMPROVEMENTS AT 507, 509, AND 511 SEVENTH STREET; 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. 45-2005 be passed.
Motion seconded by Councilor Gonzalez.
Dick Bundy, Architect, 2022 Avondale, spoke in favor of this ordinance and informed that this building would be used as an antique dealership.
Councilor Ammons returned to Council Chambers.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, Norrie, and Elmore
Nays: None
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Item 6g
ORDINANCE NO. 46-2005
ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED $9,500.00 FOR IMPROVEMENTS AT 711 INDIANA STREET; 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. 46 -2005 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, Norrie, and Elmore
Nays: None
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City Council recessed at 9:20 a.m. and reconvened at 9:34 a.m.
------Item 7a
RESOLUTION NO.87-2005
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEW LEASE LOT 1, BLOCK X, LAKE ARROWHEAD, EAST, WITH THE ARROWHEAD BAPTIST CHURCH FOR TWENTY-FIVE (25) YEARS BEGINNING JULY 18, 2005 THROUGH JULY 18, 2030; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 573
Item 7a continued
Moved by Councilor Roberts-Burns that Resolution No. 87-2005 be passed.
Motion seconded by Councilor Norrie and carried by the following vote.
Councilor Norrie stepped out of Council Chambers.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore
Nays: None
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Item 7b
RESOLUTION NO. 88-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, GRANTING A FIFTEEN (15) FOOT WIDE WATER UTILITY EASEMENT ACROSS BLOCKS 111 AND 112, AMERICAN TRIBUNE NEW COLONY LANDS SUBDIVISION, ARCHER COUNTY, TEXAS CURRENTLY LEASED TO THE BOYS AND GIRLS CLUB OF WICHITA FALLS, INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Councilor Norrie returned to Council Chambers.
Moved by Councilor Ammons that Resolution 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
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Item 7c
RESOLUTION NO. 89-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 TO THE JASPER WATER TREATMENT PLANT REHABILITATION AND IMPROVEMENTS PROJECT, CWF04-544-21 IN THE AMOUNT OF $339,086.41 AND 48 ADDITIONAL CALENDAR DAYS; 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. 89-2005 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
RESOLUTION NO. 90-2005
RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR $256,464.00 IN GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY THROUGH THE STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANTS FOR THE ADDITION OF SIX (6) FIREFIGHTERS (TWO PER SHIFT); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 574
Item 7d continued
Moved by Councilor Norrie that Resolution No. 90-2005 be passed.
Motion seconded by Councilor Elmore.
Fire Chief Foster gave a presentation on the Fire Department’s current situation, their needs, State requirements, and grant provisions.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore
Nays: None
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Item 7e
RESOLUTION NO. 91-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE CITY’S ESTIMATED ANNUAL REQUIREMENT OF READY MIX CONCRETE AND FLOWABLE FILL TO PITTS READY MIX, IN THE AMOUNT OF $202,100.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Elmore that Resolution No. 91-2005 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 7f
RESOLUTION NO. 92-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE WICHITA FALLS BUSINESS PARK STREETS AND DRAINAGE PROJECT, CWF05-732-26; 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. 92-2005 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
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Item 7g
RESOLUTION NO. 93-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF SELF CONTAINED BREATHING APPARATUS THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM FROM FISHER SCIENTIFIC, IN THE AMOUNT OF $79,090.05; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 575
Item 7g continued
Moved by Councilor Ammons that Resolution No. 93-2005 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
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Item 7h
RESOLUTION NO. 94-2005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AMENDMENT TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION 2004-2005 BUDGET FOR CONSULTING SERVICES FEES; 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. 94-2005 be passed.
Motion seconded by Councilor Ammons.
It was noted that Mr. John Phillips would be the consultant in the Base Realignment and Closure issues. He is a former Under Secretary of Defense and is an expert in the base realignment area and has helped other communities defend reports. He lives in Washington, D.C.
Councilor Roberts-Burns agreed to insert the amount of $30,000 in the blanks of this Resolution. Councilor Ammons agreed.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore
Nays: None
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Item 8a
There were no staff reports.
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Item 8b
Councilor Roberts-Burns thanked the Street Department and Code Enforcement for their prompt action on some problems she had reported. She thanked the Juneteenth Committee at Sheppard Air Force Base for their celebration on Saturday.
Councilor Elmore asked staff to look into repairing the pothole at the bridge on US 287 and Loop 11. Councilor Elmore mentioned that there was a break-in at City View and he asked for an assessment of lighting in that particular area, including the park.
Councilor Elmore thanked the Health Department for spraying for mosquitoes; however, the persons doing the spraying were not wearing protective gear.
Councilor Elmore congratulated the City of Iowa Park for Sean Hutchinson who is a senior at Iowa Park High School, and winner of the prestigious Jefferson Award in volunteerism. He will be going to Washington, D.C. for the national award.
Councilor Ginnings requested a one-page summary on the Cypress Water Treatment System, including project bid lists and anticipated grand total costs.
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Item 8b continued
Councilor Ginnings stated that there would be an opportunity on how the City can augment retail development sometime in the future. He asked staff to provide Council some kind of assessment on how much additional business or revenue, which comes to the City through sales tax plus property enhancement, we get from certain retail developments. He would like to have some kind of understanding on this and if we create new value by augmenting retail or do we just enhance property values for the owners of the property. Staff will work on this but it is not certain as to the specificity.
Councilor Ginnings asked if the Council members would be involved in the Charter review process and the employee benefit review. Mayor replied that Council would be involved, but he cautioned against quorums.
Councilor Norrie was glad to see that the Tax Increment Financing program downtown was working well and that we were involved in this. These are the types of programs that a City needs to do to continue and to grow. In my district we are currently in the middle of discussion on Tax Increment Finance for my district and that is my number one priority in District 3. It is an incredible model to use in other districts, and staff seems very receptive to it. It is refreshing to hear positive comments.
Councilor Norrie mentioned that he was unable to attend the last Council meeting because of job responsibilities, but he was very pleased with the decisions made by the Council, especially the decision to hire a search firm.
Councilor Gonzalez feels that the City needs to look at all possible city manager candidates and look to the person who has the best capabilities to do the job.
Councilor Gonzalez thanked the staff for responding to the calls regarding flooding around Kickapoo Airport. Councilor Gonzalez asked Mr. Scott Taylor to provide information on the City’s recycling programs. Mr. Taylor reported on the yard waste program, noting that there is also recycling for glass, paper products and plastic, however there is no pickup for these products.
Councilor Ammons mentioned that in Colorado they use plastic to make park benches and asked what our City could do. Mr. Taylor will look into that.
Councilor Ammons wanted to know when the Outside Agencies funding would be on the agenda. Mr. Clark informed that it would be on the next Council agenda.
Councilor Ammons expressed appreciation for all those who showed their support for Sheppard Air Force Base by going out to Municipal Airport although General Hill’s flight was cancelled. It was a great turnout and she hopes that when General Hill does come that we can make a concerted effort to get out there and show our support for Sheppard Air Force Base.
Councilor Gonzalez mentioned that he had heard negative remarks about the City showing up yesterday at Municipal Airport to support Sheppard Air Force Base. Comments were that the City never makes an effort to support Sheppard Air Force Base. Councilor Gonzalez set the record straight by informing that the Council is well aware of the importance of Sheppard Air Force Base and we have always been involved with whatever we can do to keep what we can at Sheppard Air Force Base.
Mayor agreed with Councilor Gonzalez and expressed appreciation to everyone who showed up to show their support for Sheppard Air Force Base.
Mayor thanked the Council for providing names to be considered to serve on the Charter Review Committee and the Employees Insurance Program Committee. Mayor thanked Interim City Manager and staff for the orientations provided to the newly elected Council members.
Mayor mentioned the BRAC issues at Sheppard Air Force Base noting that it is difficult to convey our appreciation to them other than verbally. He expressed appreciation to all who participated in the support of Sheppard Air Force Base. It is a way to express our support of the Base and our appreciation. I do not know when General Hill will be coming but I would encourage everyone to come out there when he arrives to show Sheppard how much we appreciate them and what they do.
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City Council adjourned at 10:57 a. m.
PASSED AND APPROVED this ______day of ______, 2005.
______LANHAM LYNE MAYOR
ATTEST:
______Lydia Ozuna City Clerk