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CITY COUNCIL MINUTES Wichita Falls, Texas

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CITY COUNCIL MINUTES Wichita Falls, Texas 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 - - - - - - - - Mayor called the meeting to order. - - - - - - - - Item 2a Liz Talbert, Associate Pastor, Floral Heights United Methodist Church, gave the invocation. - - - - - - - - Item 2b Councilor Gonzalez led in the Pledge of Allegiance. - - - - - - - - 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. - - - - - - - - Item 4 The Minutes were approved as distributed. - - - - - - - - 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 570 Item 5a continued Nays: None Minutes of the April 6, 2005 Traffic Safety Commission meeting were received. - - - - - - - - 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 - - - - - - - - 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. - - - - - - - - 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. - - - - - - - - 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 - - - - - - - - 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. 572 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 - - - - - - - - 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 - - - - - - - - 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 - - - - - - - - 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 - - - - - - - - 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 - - - - - - - - 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.
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