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Min 06/06/2006 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 6, 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 Pastor Alice Hupp, Park Place Christian Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mayor Lyne recognized the following graduates and their parents, who are City employees. He presented them with a gift and wished them well in their future endeavors. Alex Borrego, parents are Laura and Capt. Manuel Borrego, Evan Bowers, parent is Darla Bowers, Engineering Dept., Cayce Cates, grandmother is Marge Fougeron, Health Dept., Michael Nauman, parents are Rosie and Leonard Nauman, Rosie works in Finance Dept., Tawni Ratcliff, parents are Avy Horton and Terry Ratcliff, Avy works at Municipal Airport, Willie Ray Rhodes, Jr., mother is Valerie Rhodes, Police Department-Communications, Allison K. Winney, father is David Winney, Human Resources Director Item 3b Mayor recognized Jan Ducioame, Employee Benefits Specialist, Human Resources Employee Benefits Trust, as employee of the month for June 2006. Mayor presented Mrs. Ducioame with a plaque, a check, dinner for two, and golf course passes. 784 , Item 4 Katherine McCabe, 2138 Avenue K, expressed concern regarding the drug activity on Bell and Ave K areas and the lack of response from the Police Department. Deputy Chief Todd will speak with Ms. McCabe and discuss this with her. The City Manager informed that he had an appointment to meet with Ms. McCabe this week. Allen Gentry, 5007 Pawnee Pathway, and Jeff Marvin, 613 Indiana Ave., spoke in favor of a public skateboard park and offered their professional services, as professional skate boarders. Mr. Gentry cautioned against pre-fabricated modular skate parks and recommended in-ground concrete parks. Lucky Cleaver, 818 Gerald Street, asked that the City respond to cleaning up the tall weeds and grass on the vacant lot at 816 Gerald Street. Item 5 The Minutes of May 10, 2006 and May 23, 2006 were approved as distributed. Item 6 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 Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Minutes of the following board and commission meetings were received (a) Civil Service Commission - March 20, 2006 (b) Planning & Zoning Commission -April 12, 2006 (c) Airport Advisory Board -April 13, 2006 Mayor stepped out of Councilor Chambers. Mayor Pro Tem Gonzalez presided over the meeting. Item 7a ORDINANCE NO. 41-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 78, ARTICLE V OF THE CODE OF ORDINANCES TO FURTHER EXPAND THE SAFETY ZONE AREA TO INCLUDE ALL CITY PARKS; 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. 41-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Mayor returned to Council Chambers. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 785 Item 7b ORDINANCE NO. 42-2006 ORDINANCE REZONING AMENDING SECTION 6127 OF APPENDIX B, ZONING, OF THE CODE OF ORDINANCES, TO ALLOW THE EXPANSION OF A NONCONFORMING USE IN A SINGLE FAMILY DISTRICT; 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. 42-2006 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 7c ORDINANCE NO. 43-2006 ORDINANCE REZONING 2402, 2403, 2404 & 2405 PIEDMONT PLACE, DESCRIBED AS LOTS 3 & 4, BLOCK 11, AND LOTS 1 & 24, BLOCK 39A, SHEPPARD ESTATES AND ADJACENT RIGHT-OF-WAY FROM SINGLE FAMILY-2 TO GENERAL COMMERCIAL, AND AMENDING THE LAND USE PLAN; 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. 43-2006 be passed. Motion seconded by Councilor Ammons. Ryan Samuelson, 3100 Sherwood and Bruce Rogers, 3102 Sherwood, expressed concerns about additional traffic, noise and trash and asked for additional buffer to block out the noise. Mr. Rogers objected to abandoning the alley and asked that it be re-graveled. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m. Item 7d A proposed ordinance was presented amending Ordinance No. 23-2006 dated April 4, 2006 to grant additional time for the owner of the property at 2910 and 2912 Crest to rehabilitate or demolish the structures. Moved by Councilor Elmore that proposed ordinance be passed. Motion seconded by Councilor Ammons. Mr. Dave Clark informed that he had met with Nathan Bradley, heir of the property owner and the person who had requested the extension. Mr. Clark informed that after Mr. Bradley had reviewed the property, he agreed that demolition was in order. Motion failed by the following vote. 786 Item 7d continued Ayes: None Nays: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Item 8a RESOLUTION NO. 74-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING THE PROPOSED FIVE-YEAR CONSOLIDATED PLAN AND THE PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAM FUNDS; TO INCLUDE ANY AND ALL REVISIONS AS APPROVED BY HUD; 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. 74-2006 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 8b RESOLUTION NO. 75-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) 35,000 GVW SEWER JETTER TRUCK FROM WICHITA FALLS FREIGHTLINER, IN THE AMOUNT OF $141,023.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ginnings that Resolution No. 75-2006 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 8c RESOLUTION NO. 76-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2007 AND 2008 AND TO HONOR THE CITY OF WICHITA FALLS' COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2007 AND 2008 THROUGH CAPP; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 787 Item 8c continued Moved by Councilor Gonzalez that Resolution No. 76-2006 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 8d RESOLUTION NO. 77-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, IN SUPPORT OF A MOBILE DENTAL VAN; 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. 77-2006 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 9a 1 Assistant City Manager Matt Benoit gave a presentation on the Golf Course Renovation Committee's recommendations. A copy of the presentation is on file in the City Clerk's Office. Bill Drake, Committee member spoke in favor of this proposal and asked the Council to think about what this would do for the City. City Manager informed that staff will come back with a formal proposal to go before the 4B Board. Item 9b Councilor Roberts-Burns asked that Staff look into improving Martin Luther King, Jr. Blvd. Councilor Roberts-Burns invited everyone in District 2 to attend the Town Hall Meeting at MLK Center on June 15. Councilor Elmore referred to maximum fines and informed that the Legal Department will be providing him a list of the ordinances that have fines attached to them, and he would like Council to review one or two of those ordinances periodically until all have been reviewed. Mayor suggested a Council subcommittee to review these ordinances. City Manager commented that staff follows up on complaints and if Council wants us to take a different approach we will probably need more staff. That will mean more letters going out and you may get complaints that we are being too hard. Councilor Elmore wants a letter to go out with a citation. Councilor Ginnings informed that he would not be in attendance at the next Council meeting. He asked for the status on the curb and gutter ordinance. Mr. Dave Clark informed that the subcommittee has met and gone over the changes and we are incorporating the changes and you will have them soon. Councilor Hatcher was excited about the skate park. Councilor Hatcher informed that he had spoken with Mrs. McCabe about the situation in her neighborhood and would like to see something done about the drug activity out there. 788 Item 9b continued Councilor Hatcher congratulated Mrs. Jan Ducioame for being chosen Employee of the Month. He also congratulated Mrs. Lou Franklin on her appointment as Interim Health Director. Councilor Hatcher asked when Taft Blvd. would be accessible again. Mr. Scott Taylor informed that possibly at the end of this week. Councilor Gonzalez would like to have the noise ordinance reviewed. He asked about enforcement of this ordinance. City Manager replied that it is enforced, but we can bring that ordinance back for Council discussion. Deputy Chief Gerald Todd informed that the Police Department has been writing as many citations as we can to the cars with loud noise. We will review the ordinance to see if there is anything we can do to improve it. City Manager informed that there is a related ordinance that staff is currently working on. Councilor Gonzalez mentioned a gas leak at McGregor and Bridwell Streets that was repaired by ATMOS but has since caved in. Mr. Scott Taylor will get with the utility company and get that corrected. Councilor Ammons mentioned that the Click or Ticket program was a big success with over 500 citations issued, generating $40,000 for the State in court fees. The State gives us funding so we can generate revenue for them. Councilor Ammons asked if we were still under any watering restrictions. Mr. Scott Taylor informed that there were no mandatory restrictions but we do have permanent restrictions, and he enumerated those. Councilor Ammons asked if we can put some sort of reminder on the water bills about the restrictions. Mr. Taylor said that he will look into that as well as placing it on the City website. Councilor Ammons asked about the rental costs of the Parks and Recreation stage, specifically the quotes for the microphone and steps. Mr. Jack Murphy informed that there is a separate fee schedule for both. He provided detailed information on the costs. The reason we quote separately is some do not need those items, however, we can prepare a fee schedule that would include them. Councilor Ammons suggested re-looking at that. Councilor Ammons informed that the Shriners commented that they had the best convention at MPEC and they did a great job as well as the Police Department. The parade was also a great success. Hooray for MPEC and the City. Councilor Gonzalez mentioned that he has had the privilege to welcome the groups meeting at MPEC and they have highly complimented MPEC Staff for what they do. Councilor Gonzalez commented that they are going a great job. Mayor Lyne stated that the Shriners' parade was unbelievable. Shriners came from all over the State and they had a great time for a great cause —funding children's hospitals. Mayor Lyne mentioned that the Red River Rodeo and parade will be this week. Mayor Lyne encouraged citizens to make contributions through your water bill payment, for the City fire works. We are teaming up with SAFB this year to have a fire works display, "Freedom Fest July 4." Mayor Lyne invited everyone to attend the next Town Hall Meeting June 15 at MLK Center. He asked the media to put the word out. City Council adjourned at 12:05 p.m. PASSED AND APPROVED this day of —�, 2006. LANHAM LYNE MAYOR ATTEST: ydia Ozuna �T ity 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, June 6, 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: Pastor Alice Hupp Park Place Christian Church (b) Pledge of Allegiance 3. Presentations: (a) Recognition of Graduates (b) Employee of the Month - Jan Ducioame 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 May 10, 2006 and May 23, 2006, Special and Regular Meetings of the Mayor and City Council. CONSENT AGENDA 6. Receive Minutes (a) Civil Service Commission, March 20, 2006 (b) Planning & Zoning Commission, April 12, 2006 (c) Airport Advisory Board, April 13, 2006 City Council Agenda Tuesday, May 23, 2006 Page 2 REGULAR AGENDA 7. Ordinances (a) Ordinance Amending Chapter 78, Article V Of The Code Of Ordinances To Further Expand The Safety Zone Area To Include All City Parks (Council Bill #116) (b) Ordinance Amending Section 6127 Of Appendix B, Zoning, Of The Code Of Ordinances To Allow The Expansion Of A Nonconforming Use In A Single Family District (Council Bill #117) (c) Ordinance Rezoning 2402, 2403, 2404 & 2405 Piedmont Place, From Single Family-2 To General Commercial Zoning And Amending The Land Use Plan (Council Bill #118) 8. Resolutions (a) Resolution Adopting The Proposed Five-Year Consolidated Plan And The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds, To Include Any And All Revisions As Approved By HUD (Council Bill #119) (b) Resolution Authorizing Award Of Bid For The Purchase Of A 35,000 GVW Sewer Jetter Truck To Wichita Falls Freightliner In The Amount Of $141 ,023.00 (Council Bill #120) (c) Resolution Authorizing The Cities Aggregation Power Project, Inc. To Negotiate An Electric Supply Agreement Effective January 1, 2007. (Council Bill #121) 9. Other Council Matters (a) Staff Council Discussion (1) Presentation Of Golf Course Rennovation Committee Recommendations (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Adjourn City Council Agenda Tuesday, May 23, 2006 Page 3 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 20 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, June 6, 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 7. Ordinances (d) Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Ordinance No. 20-2006 dated April 4, 2006 To Grant Additional Time For The Owner Of The Properties At 2910 And 2912 Crest To Rehabilitate or Demolish The Structures; Declaring An Emergency, Finding And Determining That The Meeting At Which This Ordinance Was Passed Was Open To The Public As Required By Law. (Council Bill #122) 8. Resolutions (d) A Resolution In Support Of A Mobile Dental Van (Council Bill #123) 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