Loading...
Min 10/03/2006 855 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building October 3, 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 Liz Talbert, Associate Pastor, Floral Heights United Methodist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 a Elmer Emory, Kiwanis Club representative, presented the City a check in the amount of $5,000 from concession proceeds, which will go back into improvements for Kiwanis Park. Item 3 b Mayor recognized Sylvia Barboza, Parks and Recreation, Parks Maintenance, as employee of the month for October 2006. Mayor presented Mrs. Barboza with a plaque, a check, dinner for two, and golf course passes. Item 3 c Mayor recognized Mr. Scott Taylor in the presentation of the Texas Commission on Environmental Quality—Total Coliform Rule Program Award 2005 presented to Public Works. Mr. Taylor recognized and commended Mr. Daniel Nix and all the water operators of the City, noting that this award goes to the operators because they are the ones who earned it. 856 Item 3(c) continued Councilor Elmore recognized Mr. Patrick Smith for submitting the first place winning art piece for the Mural Contest. His submission was titled "Adore the Outdoors". Councilor Elmore asked for additional volunteers for this program. Item 4 Suzie Davies, #4 Court Capistrano, asked Council to pass a resolution refusing to support the unconstitutional parts of the Patriots Act within the City limits. Items 5a-5b The Minutes of September 8 and September 19, 2006 were approved as distributed. Items 6-7b City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Gonzalez that the Consent Agenda be approved. 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 Item 6 RESOLUTION NO. 128-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE NEW ADDITION FOR THE WICHITA FALLS — WICHITA COUNTY HEALTH DISTRICT PROJECT, CWF05-204-35 AND AUTHORIZE FINAL PAYMENT TO SANTA ROSA CONSTRUCTION COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7 Minutes of the following board and commission meetings were received (a) Animal Shelter Advisory Committee —April 27, 2006 (b) Wichita Falls 413 Sales Tax Corporation — July 20, 2006 Item 8 A public hearing was held on an application for a taxicab franchise from Claudio Ramirez, Jr. to do business within the City as Wichita Checkered Cab. Mayor declared the public hearing open. Mr. John Burrus provided background information on Mr. Ramirez' application. Council expressed concern in the number of permits not being utilized that had been issued to franchise holders. Ideas were discussed as to what could be done to prevent this. It was suggested that the ordinance be modified to address this concern. The idea of setting a fee for those unused permits was also mentioned. City Manager suggested leaving the ordinance as is and have staff revoke permits not being used. Mr. Burrus will prepare a report for Council on what other cities charge and how they handle this type of situation. 857 Item 8 continued Claudio Ramirez, Jr., 2401 McNeil gave information on his business experience, noting that he would like to start his own business. He asked Council to consider the fact that he is not new to this business and knows what it takes to run a cab business; he asked for their consideration. Claudio Ramirez, Sr., 2013 Elizabeth stated that he did not see the public necessity. Jody Wade, 7712 Highway 79, Owner of Presidential Transportation, felt that this ordinance was not different than any others in that every city requires public convenience and necessity. He expressed concern that more cab business in this City will decrease transportation time. He felt that the regulations need to be looked into. We had a market analysis done and our request was denied for more cabs but we had to purchase another franchise to increase. You have to look into this ordinance very closely. Look at other cities and the number of cabs and the number of companies currently operating. He stated that Abilene has two cab companies with eight cabs. Do a feasibility study to see what other cities are doing. It is safety factor. If the ordinance is diluted the quality of service will suffer. Councilor Ginnings asked Mr. Wade how he received information from Sheppard Air Force Base as to their regulations. Mr. Wade responded that the Chief of Security cannot make any changes without orders from the General. He said that he initiated a change to allow more cabs on the base. It takes a month to obtain a permit to get into the base, where before they did not require any type of permit to get on the base except for a City cab permit. Mr. Burrus informed that random inspections are performed on a quarterly basis, as well as the annual required inspection to obtain a City permit. City Clerk provided information on the process, as well as information she had received from SAFB regarding the strict requirements on the cabs. She noted that cabs were required to be in top condition and drivers had to be presentable. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. City Council recessed at 9:20 a.m. and reconvened at 9:35 a.m. Item 8a ORDINANCE NO. 80-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REGARDING THE RECOGNITION OF THE WICHITA FALLS POLICE ASSOCIATION AS THE SOLE AND EXCLUSIVE BARGAINING AGENT FOR THE NON-EXEMPT EMPLOYEES OF THE WICHITA FALLS POLICE DEPARTMENT FOR THE PURPOSE OF MEET AND CONFER PROVIDED BY CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE; 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. 80-2006 be passed. Motion seconded by Councilor Ammons. City Attorney informed that two options were submitted to Council and an amendment can be made for Council to determine which of the two options they will pass. Section 1 of the proposed ordinance would recognize the Wichita Falls Police Association as the sole and exclusive bargaining agent for the Wichita Falls Police Department non- exempt employees. Section 2 would allow this item to be placed before the voters in the May 2007 Election. Moved by Councilor Elmore that proposed ordinance be amended by deleting Section 2. Motion seconded by Councilor Ammons. Councilor Ginnings was opposed to Councilor Elmore's amendment because it is not in the best interest of the City to designate them as sole bargaining agents. That circumvents the management's process. They have a chief and the proper channels are available for change. The City Manager has an open door policy that is at their disposal. 858 . Item 8a continued He feels that it would be a disadvantage to allow meet and confer; it amounts to union and collective bargaining. He felt the voters should decide. Mayor Lyne and Councilor Gonzalez agreed with Councilor Ginnings. Robert Rosdahl, police officer, spoke in favor of meet and confer and stated that they are not going to strike; we need to represent ourselves. We're not a union and do not want to be a union. He added that before they can talk to the City Manager they need to ask their Chief. There are things we can do to make it work better. City Manager stated that he always has an open door policy. This process has been available and I see it continuing, however, under meet and confer it is more restrictive. Councilor Ginnings felt that some of the issues that have been discussed should go through the City Manager. Additional discussion was had regarding this issue. Officer Mike Wheat, elected officer of the Police Officers Association spoke in support of meet and confer. He said they are not here to ask for collective bargaining, we want to meet and confer, which is a round table discussion. He addressed the Association's feelings and concerns about the need for meet and confer. Following extended discussion, Councilor Elmore called for the question on his amendment to delete Section 2 in the proposed ordinance. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: Councilor Hatcher Motion to delete Section 2 failed by the following vote. Ayes: Councilors Ammons, Roberts-Burns, and Elmore Nays: Mayor Lyne, Councilors Ginnings, Gonzales, and Hatcher Moved by Councilor Gonzalez to amend proposed ordinance by deleting Section 1. Motion seconded by Councilor Ginnings. Councilor Hatcher spoke in favor of placing this on the May ballot for the voters to decide. David Brock, 1819 Hines, was not in favor of placing this item on the ballot. Chief Bachman, clarified that he does support his officers and in the past he has asked for more officers, some of which were approved by the City Manager, as well as for increase in salaries. He has discussed this and other needs with the City Manager but he realizes that there is a limit to what can be done. He mentioned that they have always had a policy that they notify the Chief before going to the City Manager, but they don't have to tell him what they are going to discuss with the City Manager. The Chief also has an open door policy and they can come to him at any time. Motion to delete Section 1 carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: Councilor Ammons Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Mayor stated that this item will be placed on the May 2007 ballot. 859 Item 8b ORDINANCE NO. 81-2006 ORDINANCE REZONING 6301 SOUTHWEST PARKWAY TO GENERAL COMMERCIAL, AND AMENDING THE LAND USE PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ginnings that Ordinance No. 81-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9a RESOLUTION NO, 129-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE CITY'S ANNUAL SUPPLY OF BULK CHLORINE TO BRENNTAG SOUTHWEST IN THE AMOUNT OF $71,250.00; 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.129-2006 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 Item 9b RESOLUTION NO. 130-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR DEMOLITION, CLEARING AND CLEANING OF VARIOUS PROPERTIES TO MOTE, INC., IN THE AMOUNT OF $36.485.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Roberts-Burns that Resolution No.130-2006 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 860 Item 9c RESOLUTION NO. 131-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE 4B SALES TAX CORPORATION 2006-2007 BUDGET IN THE AMOUNT OF $1,100,000 TO CREATE A TEMPORARY PROJECT ACCOUNT; 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. 131-2006 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 10a Mr. Scott Taylor introduced the new City Engineer, Mr. Davis Powell. Item 10b Councilor Ammons was unaware how much the Ray Clymer and Bridwell Agriculture Center facilities were being used until she saw the MPEC article. She expressed appreciation to the MPEC staff for that article and stated that the public needs to appreciate and know what is going on. Councilor Ammons commended Rhonda at Water Maintenance Department for all her courteous and friendly assistance this past week. Councilor Gonzalez thanked the Water Department staff for quickly responding and solving a citizen complaint about a water meter not functioning properly. It happened that her meter was not being read. It was noted that Mr. Jim Dockery was over that Department. Councilor Hatcher mentioned a complaint about a house that had been moved in on Pasadena Street where the progress was very slow, however the City has installed a water meter and he hopes that will relieve the situation. Councilor Hatcher expressed concern about the media coverage resulting from the gang injunction, where they are publicizing gang handiwork and names of gang members. He does not think that is a good idea and the gangs should not get the publicity they are getting, and he asked the media to be aware of that. Councilor Hatcher said he had the opportunity, while in Seattle, to observe a skate park and he has some information he will provide to Council. Councilor Hatcher invited everyone to attend the 1st Annual Blue Grass Jam this Friday and Saturday on the MPEC grounds, 6th and Burnett Streets. Councilor Hatcher referred to the meet and confer issue and commented that he would really want to feel that he is able to talk to any officers at any time about anything. At this point I do not feel that I am able to talk to any firemen and I miss that. I think we did the right thing, and I am glad we are taking it to the voters. I support the Police Department and the Fire Fighters. Councilor Ginnings asked if a franchise could be issued for less than five years. City Clerk replied that it had been done in the past. Councilor Ginnings mentioned his previous request for the Water Resources Commission to look into intermediate water restrictions and asked if a meeting had been called on that. City Manager said that they would schedule a meeting to discuss that. Mr. Scott Taylor informed that two of the members on that Commission were no longer in the fields they were representing; we do not have a quorum. Councilor Ginnings asked about appointing an ad hoc committee to bring 861 Item 10b continued something to the Council. He wants to review the formula for pricing our wholesale water and see how they compare with our actual cost. He asked that this be added to the agenda. Mr. Taylor stated that he would provide Council the Rate Consultant's Report, which would assist in that comparison. City Manager stated that the Mayor could appoint an ad hoc committee to look at those issues. Councilor Elmore mentioned the proposed update on the smoking ordinance and expressed appreciation that you could eat in Wichita Falls without smoke. He added that he would be glad to update the ordinance where needed. Councilor Elmore would like to see the Defense of Bill of Rights proposal put on a Council agenda for discussion. Councilor Elmore stated there is some tweaking that remains to be done on the screening ordinance and he would like to have that brought back for further discussion. Mayor asked for specifics. Councilor Elmore mentioned the residences, such as the person that has a parcel of land surrounded by limited commercial yet across the street there was a residence. Mayor suggested that he sit down with Mr. Dave Clark and provide specifics. Mr. Clark informed that they are in the process of completing a survey to determine which properties are under this category. The survey will be ready this Friday and we will send letters to those residents affected by this. Councilor Elmore said he had received numerous calls on Animal Control and some of the people indicated certain excess on the part of Animal Control Officers. He asked for information on the animals that have been picked up and wanted to know what was going on with this situation. City Manager will meet with Councilor Elmore and Mrs. Lou Franklin, and he will give Council a report. City Manager asked for a list of those people calling in these complaints so he could address it with them. Mayor Lyne encouraged citizens to apply and serve the City by volunteering on the City's boards and commissions. We currently have vacancies on several boards and commissions. Mayor Lyne thanked the Street Department and the Police Department for their work and assistance on the Lloyd Ruby Day and Falls Fest events. He thoroughly enjoyed Lloyd Ruby Day. The Police Officers and the Street Department staff did a great job. It was a great week and a good honor for a good man. Mayor Lyne thanked everyone in the City as well as Joe Raines and Reno Gustafson for organizing this event. Mayor Lyne informed that he is the proud grandfather of a new granddaughter. Item 12 There was no Executive Session. City Council adjourned at 11:05 a.m. PASSED AND APPROVED this_L'I__day of , 2006. 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, October 3, 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: Liz Talbert Associate Pastor Floral Heights United Methodist Church (b) Pledge of Allegiance 3. Presentation (a) Kiwanis Club Concession Proceeds — Elmer Emory (b) Employee of the Month - Sylvia Barboza (c) Texas Commission on Environmental Quality — Total Coliform Rule Program Award 2005 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. (a) Approval of Minutes of September 8, 2006 Special Meeting Of The Mayor And City Council And Joint Meeting With The Planning And Zoning Commission Of The City Of Wichita Falls, Texas. (b) Approval of Minutes of September 19, 2006 Regular Meeting of the Mayor and City Council. City Council Agenda Tuesday, October 3, 2006 Page 2 CONSENT AGENDA 6. Resolution To Accept The New Addition For The Wichita Falls — Wichita County Health District Project CWF05-204-35 And Authorize Final Payment To Santa Rosa Construction Company (Council Bill #213) 7. Receive Minutes (a) Animal Shelter Advisory Committee, April 27, 2006 (b) Wichita Falls 4b Sales Tax Corporation, July 20, 2006 REGULAR AGENDA 8. Ordinances (a) Ordinance Regarding The Recognition Of The Wichita Falls Police Association As The Sole And Exclusive Bargaining Agent For The Non-Exempt Employees Of The Wichita Falls Police Department For The Purpose Of Meet And Confer (Council Bill #214) (b) Ordinance Rezoning 6301 Southwest Parkway To General Commercial, And Amending The Land Use Plan Designation From Low Density Residential To Commercial (Council Bill #215) 9. Resolutions (a) Resolution Authorizing Award Of Bid For The City's Annual Supply Of Bulk Liquid Chlorine To Brenntag Southwest In The Amount Of $71,250 (Council Bill #216) (b) Resolution Authorizing Award Of Bid For Demolition Of Hazardous Structures To Mote, Inc., In The Amount Of $36,485.00. (Council Bill #217) (c) A Resolution Amending The 4B Sales Tax Corporation 2006- 2007 Budget In The Amount Of $1,100,000 To Create A Temporary Project Account (Council Bill #218) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. City Council Agenda Tuesday, October 3, 2006 Page 3 11 . Executive Session Consultation with City Attorney as authorized by Section 551 .071 of the Texas Local Government Code 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. 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 ADDENDUM TO 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 On Tuesday, October 3, 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 ADDENDUM TO REGULAR AGENDA 8. Public Hearing On A Taxicab Franchise Application From Claudio Ramirez, Jr. DBA Wichita Checkered Cab To Operate Within Wichita Falls. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on 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 Addendum to the 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