Loading...
Min 11/21/2006 • 877 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 21, 2006 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 - Rick Hatcher - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Brett Coe, Associate Minister, First Christian Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 2c Dr. Joyce Snay, Executive Director of the Texas Municipal Clerks Association, Inc. recognized Mrs. Lydia Ozuna, City Clerk, for her numerous accomplishments and achievements in TMCA, Inc. and the Texas Municipal Clerks Certification Program. Dr. Snay noted that Mrs. Ozuna had served TMCA, Inc. for over 13 years in Election Law Seminars, Graduate Institute, and the Red River Chapter. Mrs. Ozuna has been a mentor and role model to all the municipal clerks in the State. Dr. Snay informed that TMCA, Inc. currently has 16 Chapters and over 900 members, all with the possibility of being nominated to be considered for Texas Municipal Clerk of the Year. TMCA, Inc. presents only one award a year and that is the Municipal Clerk of the Year. The Red River Chapter nominated Mrs. Ozuna for her outstanding work and dedication, not only to TMCA, Inc. and TMCCP but the City of Wichita Falls. Dr. Snay presented Mrs. Ozuna with the Municipal Clerk of the Year Award and commended her for being selected from among her colleagues. Dr. Snay mentioned that Mrs. Ozuna will also be serving as the 2007 President of the Texas Municipal Clerk's Association. Mrs. Ozuna accepted the Municipal Clerk of the Year Award and expressed appreciation, first to God, and then all her peers for bestowing this honor on her. She thanked Mayor Lyne and this Council, as well as previous Councils, who had supported her in participating in the Texas Municipal Clerk Association and in the Certification Program. She dedicated this award to the memory of her loving mother, Lydia Ortiz Vazquez. 878 Item 3 Larry Brumbelow, 1701 Southwest Parkway, representing the Citizen Right Support Group, referred to the smoking ban and stated that it belongs to the voters. He requested that this item be brought before the voters. If Council adopts this ban as it did the last time, our actions will be the same as before. Item 4 The Minutes were approved as distributed. Item 5a ORDINANCE NO. 87-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION (LONE STAR LIBRARIES PROGRAM), MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $8,088, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT; 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. 87-2006 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 5b City Manager informed that this item had been removed from the agenda because there were other items that needed to be reviewed. Item 5c ORDINANCE NO. 88-2006 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, TAXABLE SERIES 200613; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SUCH CERTIFICATES; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING AN OFFICIAL STATEMENT; DECLARING AN EMERGENCY; DECLARING AN EFFECTIVE DATE; AND AUTHORIZING AND ENACTING OTHER MATTERS AND PROVISIONS RELATING TO THE SUBJECT Moved by Councilor Gonzalez that Ordinance No. 88-2006 be passed. Motion seconded by Councilor Ammons. Mr. Murphy Davis, Sentry Management, Inc., provided detailed information on this bond issue. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 879 Item 5d ORDINANCE NO. 89-2006 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2006A; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SUCH CERTIFICATES; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING AN OFFICIAL STATEMENT; DECLARING AN EMERGENCY; DECLARING AN EFFECTIVE DATE; AND AUTHORIZING AND ENACTING OTHER MATTERS AND PROVISIONS RELATING TO THE SUBJECT Moved by Councilor Gonzalez that Ordinance No. 89-2006 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6a RESOLUTION NO. 148-2006 RESOLUTION AWARDING A PROPOSAL TO MICRO SYSTEMS ENTERPRISE IN THE AMOUNT OF $434,688.23 FOR THE PURCHASE, INSTALLATION AND ONE YEAR OF MAINTENANCE OF A VOICE OVER INTERNET PROTOCOL TELEPHONE SYSTEM AND AUTHORIZING A BUDGET AMENDMENT IN THE 2005-06 BUDGET FOR THIS PROJECT; 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. 148-2006 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6b RESOLUTION NO. 149-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF SPRING/SUMMER FLOWERS TO WHITECOTTON GREENHOUSE IN THE AMOUNT OF $29,103.84; 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. 149-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 880 Item 6c RESOLUTION NO. 150-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPROVING RENEWAL AND EXTENSION OF CONTRACT FOR OPERATION AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS BY THE CITY OF WICHITA FALLS AND WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 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 Roberts-Burns that Resolution No. 150-2006 be passed. Motion seconded by Councilor Ammons. Councilor Ammons stepped out of Council Chambers. City Attorney informed that there were two corrections that needed to be made to the contract. Under Number 11 of the contract, it refers to a "third year" twice, and both need to be corrected to read "second year". Mayor noted the corrections and called for a vote with those corrections. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Councilor Ammons returned to Council Chambers. Item 6d RESOLUTION NO. 151-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A HEAVY EQUIPMENT SERVICE TRUCK TO J.L. HEAVY EQUIPMENT IN THE AMOUNT OF $52,000; 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. 151-2006 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7a Mr. Dave Clark invited Council and everyone to the premier of a Wichita Falls feature of our past at the Wichita Theatre December 5 at 5:30 p.m. This was produced by the City and the Landmark Commission. It is a twenty minute video that will be educational and enjoyable. Mr. Clark commended Mrs. Karen Montgomery and Mr. Barry Levy for their outstanding work on this project. Item 7b Councilor Roberts-Burns congratulated Mrs. Ozuna for being selected the Texas Municipal Clerk of the Year; this is such a great honor. " 881 Item 7b continued Councilor Roberts-Burns wished everyone a safe and happy Thanksgiving Day. Councilor Elmore congratulated Mrs. Ozuna on the magnificent award she had received. He welcomed Mr. Dave Clark back after being out for surgery. Councilor Elmore asked that Staff talk to Mr. Phillips who came to the last council meeting requesting an extension to rehab his property on Ardath Street. Councilor Elmore asked about the vaccine for shingles. Mrs. Lou Franklin informed that the Health Department does not have that vaccine but it can be obtained at doctors' offices. She mentioned that the Health Department has flu shots. City Manager responded to the request from Mr. Phillips who asked for the extension to repair his property on Ardath Street. Staff recommends that we proceed with demolition. There was a fire there and this has been going on for eight months; we have had numerous complaints from neighbors. Staff recommends that Council not give any more time. Mr. Dave Clark was directed to get with Mr. Phillips after this meeting. Councilor Ginnings informed that the Water Resources Commission had met last week and he asked Council how they felt about the following agenda items because he wanted to know if there was any opposition: 1) Review of the current water restrictions to see if we need a median step; 2) Review the status and future potential of the Ringgold property to determine what plan to put into place to determine the value of that asset; 3) Review the formula that determines the wholesale water rates we charge to see if they are fair. He asked Council to let him know if they have any concerns about these items. Councilor Elmore asked if the wholesale rates were determined by the state and by law. Mr. Scott Taylor replied that there are TCEQ regulations for rates and we use one of their methodologies. Councilor Hatcher asked Fire Chief Foster to announce their Operation Santa Clause event. Chief Foster announced that Operation Santa Clause is giving away a red pickup and they are selling tickets at $100/ticket, which would give you dinner for two and entrance into the dance. Last year we helped over 800 children. Councilor Ammons congratulated Mrs. Ozuna on her award. She welcomed Mr. Clark back. Councilor Ammons stated that she had attended the Brad Paisley and Carrie Underwood concert at MPEC and she was very surprised that it was only three-fourths full. She commented that we need to provide local support by attending the events at MPEC. She mentioned that the City Lights was a great success and commended Mrs. Guy Dunn and all the volunteers for doing a great job. Mayor Lyne added that the City Lights parade was great and everyone had a wonderful time. There were a lot of volunteers and they did an outstanding job. He wished everyone a Happy Thanksgiving. He wished Bill Sullivan, City Attorney, a happy birthday. City Council recessed at 10:05 a.m. to execute bond issue documents. Item 8 City Council went into Executive Session at 10:45 a.m. as authorized by Section 551.071 of the Texas Local Government Code. Council reconvened at 11:19 a.m. Mayor announced that no votes or polls were taken in Executive Session. A 882 City Council adjourned at 11:20 a.m. PASSED AND APPROVED this day of 2006. MAYOR ATTEST: 0 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 21, 2006, Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda Ammons, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1 . Call to Order 2. (a) Invocation: Brett Coe, Associate Minister First Christian Church (b) Pledge of Allegiance (c) Presentation: Texas Municipal Clerk of the Year — Lydia Ozuna by Dr. Joyce Snay, Executive Director, Texas Municipal Clerks Association. 3. 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. 4. Approval of Minutes of November 7, 2006 Regular Meeting of the Mayor and City Council. REGULAR AGENDA 5. Ordinances (a) Ordinance Accepting Grant Funds Received From The Texas State Library And Archives Commission (Loan Star Libraries Program), Making An Appropriation In The Special Revenue Fund In The Amount Of $8,088, And Authorizing The City Manager To Execute The Grant Contract (Council Bill #241 ) (b) Removed From Agenda City Council Agenda Tuesday, November 21, 2006 Page 2 (c) Ordinance Authorizing The Issuance And Sale Of City Of Wichita Falls, Texas, Combination Tax And Revenue Certificates Of Obligation, Taxable Series 200613; Levying An Annual Ad Valorem Tax And Providing For The Security For And Payment Of Said Certificates; Authorizing The Execution Of A Bond Purchase Agreement And A Paying Agent/Registrar Agreement; Approving An Official Statement; Declaring An Emergency; Declaring An Effective Date; And Authorizing And Enacting Other Matters And Provisions Relating To The Subject (Council Bill #243) (d) Ordinance Authorizing The Issuance And Sale Of City Of Wichita Falls, Texas, Combination Tax And Revenue Certificates Of Obligation, Series 2006A; Levying An Annual Ad Valorem Tax And Providing For The Security For And Payment Of Said Certificates; Authorizing The Execution Of A Bond Purchase Agreement And A Paying Agent/Registrar Agreement; Approving An Official Statement; Declaring An Emergency; Declaring An Effective Date; And Authorizing And Enacting Other Matters And Provisions Relating To The Subject (Council Bill #244) 6. Resolutions (a) Resolution Awarding A Proposal To Micro Systems Enterprise In The Amount Of $434,688.23 For The Purchase, Installation And One Year Of Maintenance Of A Voice Over Internet Protocol Telephone System And Authorizing A Budget Amendment In The 2005-06 Budget For This Project (Council Bill #245) (b) Resolution Authorizing Award Of Bid For The Purchase Of The City's Annual Spring/Summer Flowers (Council Bill #246) (c) Resolution Approving Renewal And Extension Of Contract For Operation And Maintenance Of Jointly Owned Lake And Canal Systems By The City Of Wichita Falls And Wichita County Water Improvement District No. 2 (Council Bill #247) (d) Resolution Authorizing The Purchase Of A Heavy Equipment Service Truck From J.L. Heavy Equipment In The Amount Of $52,000 (Council bill #248) City Council Agenda Tuesday, November 21, 2006 Page 3 7. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 8. Executive Session Consultation with City Attorney as authorized by Section 551 .071 of the Texas Local Government Code. 9. 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. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. 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 2006 at o'clock (a.m.)(p.m.). City Clerk