Min 11/07/2006 872
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
November 7, 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:
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
Ramona Coln - Deputy City Clerk
Lanham Lyne - Absent
Mayor Pro Tern Gonzalez called the meeting to order.
Item 2a
Chaplin Perfecto Sevilla, Disabled American Veterans, Wichita Falls, Chapter 41, gave the
invocation.
Item 2b
Councilor Roberts-Burns led in the Pledge of Allegiance.
Item 3
Mayor Pro Tern Gonzalez recognized Mr. Larry Wilkinson II, Plans Examiner, Community
Development, Inspection Division, as employee of the month for November 2006 and presented
him with a plaque, a check, dinner for two, and golf course passes.
Item 4
Laura Nix, 1512 Britain, referred to the Patriot Act and asked that Council defend and
uphold the Bill of Rights as it relates to the citizens of Wichita Falls.
Jerry Phillips, 1658 Ardath, requested additional time to rehab his fire damaged structure at
1658 Ardath. City Manager suggested Staff inspect the property and make recommendations to
Council at the next Council meeting.
Item 5
The Minutes were approved as distributed.
873
Items 6a-7e
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Hatcher that the Consent Agenda be approved.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher,
and Elmore
Nays: None
Item 6a
RESOLUTION NO. 143-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY
EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT FUNDED PROGRAMS; 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. 144-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE PURCHASE OF 864 YARD WASTE CARTS AND
1,728 REFUSE CARTS FROM REHRIG PACIFIC COMPANY, IN THE AMOUNT
OF $124,260.48, 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-7e
Minutes of the following board and commission meetings were received
(a) MPO Technical Advisory Committee — July 12, 2006
(b) MPO Transportation Policy Committee — July 26, 2006
(c) Park Board —August 24, 2006
(d) Traffic Safety Commission — October 4, 2006
(e) Landmark Commission — October 12, 2006
Item 8
A public hearing was held for the FY 2006-2007 Transit Grant for Capital, Planning, and
Operating Assistance for the Wichita Falls Transit System.
Mayor Pro Tern declared the public hearing open.
John Burrus informed that this was the first of two public hearings on the Federal and State
Public Transportation Grants for the Wichita Falls Transit System. The second public hearing will
be held at the Wichita Falls Public Library on November 9, 2006. All citizens are encouraged to
make comments regarding the Transit system at these hearings.
Mayor Pro Tern called for additional public comments. There being none, Mayor Pro Tern
declared the public hearing closed.
Item 9a
ORDINANCE NO. 85-2006
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A
BULLETPROOF VEST PARTNERSHIP GRANT AND TO APPROPRIATE
FEDERAL FUNDS INTO THE BUDGET; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW
874
Item 9a continued
Moved by Councilor Roberts-Burns that Ordinance No. 85-2006 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher,
and Elmore
Nays: None
Item 9b
ORDINANCE NO. 86-2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING THE CODE OF ORDINANCES AT CHAPTER 42,
EMERGENCY SERVICES, ARTICLE III, ALARM SYSTEMS; 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. 86-2006 be passed.
Motion seconded by Councilor Elmore.
Police Chief Bachman noted that the section in the proposed ordinance should read
V.T.C.A. Local Government Code Section 214 instead of Section 218.006.
Motion, with the Chief's correction, carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher,
and Elmore
Nays: None
Item 10a
RESOLUTION NO. 145-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A PROJECT AGREEMENT
BETWEEN THE CITY OF WICHITA FALLS AND THE WICHITA FALLS 4B SALES
TAX CORPORATION; 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.145-2006 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher,
and Elmore
Nays: None
Item 10b
RESOLUTION NO. 146-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH THE EAST LYNWOOD RESIDENT'S ORGANIZATION TO PROVIDE
FINANCIAL SUPPORT FOR THREE NEIGHBORHOOD CENTERS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
875
Item 10b continued
Moved by Councilor Roberts-Burns that Resolution No.146-2006 be passed.
Motion seconded by Councilor Ammons.
Jim Dockery explained that originally the East Lynwood Resident's Organization asked for
$20,000 for the 2006-2007 fiscal year. After reviewing all requests, the Outside Agency
Committee recommended funding $12,000 and required the Neighborhood Groups to assume
responsibility for the cost of electricity. This amount was incorporated into the City Budget, which
was adopted by Council in September. The funding contracts were adopted at the October 17,
2006 Council meeting at which time Councilor Roberts-Burns asked that this specific contract be
removed so that it could be considered separately.
James Esther, 1615 Gray Fox Place, President of the East Lynwood Resident's
Organization, asked Council to consider the amount of$20,000 so that these Neighborhood
Groups could continue to provide a location where neighbors can meet and resolve problems.
Mayor Pro Tern wanted to know how long the $12,000 would enable the Neighborhood
Groups to operate. Jim Dockery replied that this amount would sustain the Neighborhood Groups
through March 2007 at which time Council could reevaluate the situation.
Moved by Councilor Elmore to amend the proposed resolution by inserting the amount of
$12,000 in both blanks.
Motion seconded by Councilor Ginnings and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher,
and Elmore
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher,
and Elmore
Nays: None
Item 10c
RESOLUTION NO. 147-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AWARDING A PROPOSAL FOR A RISK MANAGEMENT INFORMATION
SYSTEM FOR ADMINISTRATION OF WORKERS' COMPENSATION, GENERAL,
FLEET AND PROPERTY DAMAGE LIABILITIES; 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. 147-2006 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher,
and Elmore
Nays: None
Item 11 a
There were no Staff reports.
876
Item 11 b
Councilor Ammons asked Lou Franklin, Director of Health, to provide the statistics of the
Animal Control study provided to Council. Mrs. Franklin reported that in the previous six months,
Animal Control had responded to 6,296 calls with 2,428 animals being impounded.
Councilor Hatcher congratulated all City employees who contributed to the United Way
Campaign and he announced that the City surpassed its goal this year.
Councilor Hatcher also congratulated Mrs. Lydia Ozuna, City Clerk, for her award as
Municipal Clerk of the Year.
Councilor Hatcher was on the Outside Agencies Committee. They considered all
organizations, and with the funding available, used the monies in the most responsible manner. It
is not the City's job to fund these agencies one hundred percent.
Councilor Ginnings urged registered voters to get out and vote today.
Councilor Ginnings congratulated the Police Department on their crime statistics.
Councilor Ginnings asked that the City Manager call a meeting of the Water Resources
Commission. Scott Taylor informed that a meeting has been scheduled for Tuesday, November
14.
Councilor Elmore encouraged citizens to make informed choices when they vote today.
Councilor Elmore stated that if any neighborhood in the City wanted information on forming
a neighborhood watch program to contact the Police Department or himself.
Councilor Roberts-Burns informed that a new grocery store, Community Grocery Store, has
recently opened in District 2.
Councilor Roberts-Burns encouraged voters to cast their votes in today's Election.
Mayor Pro Tem Gonzalez read a slogan in Spanish, "su voto es su voz " which means your
vote is your voice. Please let your voice be heard today at the polls.
Mayor Pro Tern Gonzalez commended the Street and Traffic Departments for handling the
Falls Classic Cruise and the Downtown Arts Festival.
Mayor Pro Tern Gonzalez stated that he was also part of the Outside Agencies Committee
and some agencies did not receive any financial support. With the decrease in funding, this
committee had to make tough decisions that were best for the City as a whole.
City Council adjourned at 10:45 a.m.
PASSED AND APPROVED this _day of 006.
MAYCR
ATTEST:
l'
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 7, 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: Chaplin Perfecto Sevilla
Disabled American Veterans
Wichita Falls Chapter 41
(b) Pledge of Allegiance
3. Presentations
Employee Of The Month - Larry Wilkinson II
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 of October 17, 2006 Regular Meeting of the
Mayor and City Council.
CONSENT AGENDA
6. Resolutions
(a) Resolution Of The City Council Of The City Of Wichita Falls,
Texas Authorizing A Conflict Of Interest Waiver For A City
Employee Qualifying For Various U.S. Department Of Housing
And Urban Development Funded Programs (Council Bill #234)
City Council Agenda
Tuesday, November 7, 2006
Page 2
(b) Resolution Authorizing The Purchase Of 864 Yard Waste Carts
and 1,728 Refuse Carts From Rehrig Pacific Company,
Through The Buy Board Purchasing Cooperative (Council
Bill #235)
7. Receive Minutes
(a) MPO Technical Advisory Committee, July 12, 2006
(b) MPO Transportation Policy Committee, July 26, 2006
(c) Park Board, August 24, 2006
(d) Traffic Safety Commission, October 4, 2006
(e) Landmark Commission, October 12, 2006
REGULAR AGENDA
8. Public Hearing For The FY 2006-2007 Transit Grant For Capital,
Planning And Operating Assistance For The Wichita Falls Transit
System
9. Ordinances
(a) Ordinance Authorizing The City Manager To Accept The
Bulletproof Vest Partnership Grant And To Appropriate Federal
Grant Funds Into The Budget (Council Bill #236)
(b) Ordinance Amending Chapter 42, Emergency Services, At
Article III, Alarm Systems (Council Bill #237)
10. Resolutions
(a) A Resolution Authorizing The Mayor To Execute A Project
Agreement Between The City Of Wichita Falls And The Wichita
Falls 4B Sales Tax Corporation (Council Bill #238)
(b) Resolution Authorizing The City Manager To Enter Into A
Contract With The East Lynwood Resident's Organization To
Provide Financial Support For Three Neighborhood Centers
(Council Bill #239)
(c) A Resolution Awarding A Proposal For A Risk Management
Information System For Administration Of Workers'
Compensation, General, Fleet And Property Damage Liabilities
(Council Bill #240)
City Council Agenda
Tuesday, November 7, 2006
Page 3
11 . Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City
Council.
12. 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