Loading...
Min 05/23/2006 d ' 775 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 23, 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 - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mike Norrie - Absent Mayor called the meeting to order. Item 2a Mayor Lyne gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 Mrs. Lydia Ozuna, City Clerk, and Mayor Lyne canvassed the returns of the General- Special Municipal Election held in the City of Wichita Falls on May 13, 2006. Item 4 ORDINANCE NO. 39-2006 ORDINANCE CANVASSING THE RETURNS OF THE MUNICIPAL GENERAL- SPECIAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON MAY 13, 2006; 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.39-2005 be passed with the following figures (results) inserted in the blanks. 5270 voters voted in said election. MAYOR: Lanham Lyne received 4024 votes. Bob Johnston received 436 votes. 776 - Item 4 continued COUNCILOR DISTRICT 3: Bruce Harris received 534 votes. Rick D. Hatcher received 811 votes. J. Travis Bohannon received 199 votes. COUNCILOR DISTRICT 4: Ray A. Gonzalez received 786 votes. COUNCILOR DISTRICT 5: Charles Elmore received 267 votes. PROPOSITION NO. 1. Yes received 3527 votes. No received 621 votes. PROPOSITION NO. 2. Yes received 3332 votes. No received 827 votes. PROPOSITION NO. 3. Yes received 3427 votes. No received 736 votes. PROPOSITION NO. 4. Yes received 3001 votes. No received 1175 votes. PROPOSITION NO. 5. Yes received 2912 votes. No received 1252 votes. PROPOSITION NO. 6. Yes received 2839 votes. No received 1306 votes. PROPOSITION NO. 7. Yes received 3307 votes. No received 802 votes. PROPOSITION NO. 8. Yes received 2936 votes. No received 1243 votes. PROPOSITION NO. 9. Yes received 3317 votes. No received 785 votes. PROPOSITION NO. 10. Yes received 2692 votes. No received 1339 votes. PROPOSITION NO. 11. Yes received 2755 votes. No received 1307 votes. PROPOSITION NO. 12. Yes received 2749 votes. No received 1326 votes. PROPOSITION NO. 13. For received 2520 votes. Against received 1660 votes. Motion seconded by Councilor Gonzales and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None 777 Item 5 City Clerk Lydia Ozuna administered the official Oath of Office to Mayor Lanham Lyne, Councilor District 4 Ray Gonzales, Councilor District 5 Charles Elmore, and Councilor District 3 Rick Hatcher. City Clerk Ozuna presented Certificates of Election to the Mayor and the three Councilors. Mayor Lyne presented Mrs. Norrie with gifts and memorabilia in recognition of Councilor Norrie's service on the City Council. Mrs. Norrie and Mr. Earl Denny, Councilor Norrie's father-in- law, expressed appreciation to the Council for the presentations. City Council recessed at 9:50 a.m. for a reception honoring outgoing Councilor Norrie and newly elected Councilor Hatcher. City Council reconvened at 10:10 a.m. Councilor Rick Hatcher took his place on the dais. Item 6 Mayor called the meeting to order. Mayor proclaimed the week of May 21-27, 2006 as "National Public Works Week" in Wichita Falls. Item 7 Anthony Gutierrez, 2710 Wenonah, Stick Feet Productions, asked Council for assistance in helping with this high school and college film competition. He would like for the City of Wichita Falls to take an interest in this event. He presented detailed information on the event and asked Council to consider participating on a panel as judges as well as in presentations. Item 8 The Minutes were approved as corrected. Items 9a-9e 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 Elmore 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) Wichita Falls-Wichita County Public Health Board — December 6, 2005 (b) Transportation Policy Committee_- MPO—January 31, 2006 (c) Animal Shelter Advisory Committee— February 9, 2006 (d) Traffic Safety Commission — March 14, 2006 (e) Park Board — March 23, 2006 778 Item 10 ORDINANCE NO. 40-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING IN ITS ENTIRETY CHAPTER 26 ARTICLE IX TATTOOING OF THE WICHITA FALLS CODE OF ORDINANCES; 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.40-2006 be passed. Motion seconded by Councilor Gonzalez. Mr. Fernando Tezaguic informed that they had made the following modification to Section 26-815 (a) — (h) of the proposed ordinance: replaced the word "permit" with "permit or license". Motion carried with the modification by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 11 a A resolution was presented authorizing the purchase of a 7.20 acre tract of land out of Block 43, Kemp and Newby Subdivision of Cherokee County School Land, Abstract No. 33, Wichita County, Texas. Moved by Councilor Gonzalez that proposed resolution be passed. Motion seconded by Councilor Ammons. Councilor Ginnings asked about the property north of Hatton Road. Mr. John Burrus informed that the City still owns some property there. Councilor Ginnings asked why the strips of land on the south side of the purchase being considered today were not included. Mr. Burrus informed that the FAA was going to fund for the property that was actually needed for the RPZ itself and they indicated they were only going to purchase the needed property since they are funding 95% of it. If we had included those strips and paid for them ourselves, the FAA would not have paid for that extra portion, however they would have paid for the necessary property. Councilor Ginnings asked why those strips were not included. City Manager suggested that if Council desires to acquire that property that this item be tabled and staff can bring back two options depending on the appraisal of that property. Moved by Councilor Ginnings that this item be tabled. 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 11 b RESOLUTION NO. 67-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AUTHORIZE THE USE OF MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR PROPERTIES WITHIN THE CITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 779 Item 11 b continued Moved by Councilor Roberts-Burns that Resolution No. 67-2006 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 11 c RESOLUTION NO. 68-2006 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 DAVIS CONSTRUCTION IN THE AMOUNT OF $16,253.00; TO MOTE, INC., IN THE AMOUNT OF $7,888.00; AND TO ZAC CORPORATION IN THE AMOUNT OF $4,842.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 68-2006 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 11 d RESOLUTION NO. 69-2006 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO MOORE &ASSOCIATES, INC. FOR A STUDY OF THE CITY OF WICHITA FALLS PUBLIC TRANSIT SYSTEM; 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. 69-2006 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 11 e RESOLUTION NO. 70-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE SOUTHMOOR SEWER RELIEF INTERCEPTOR PROJECT CWF05-560-02; 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.70-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. 780 Item 11e continued Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 11f RESOLUTION NO. 71-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE 13TH AMENDMENT TO THE WATER PURCHASE CONTRACT WITH THE CITY OF LAKESIDE CITY, TEXAS; 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. 71-2006 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 11 q RESOLUTION NO. 72-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AN ENGINEERING SERVICES CONTRACT WITH LOCKWOOD, ANDREWS & NEWNAM FOR AN EVALUATION OF LIFT STATION NO. 65 AND ASSOCIATED FORCE MAIN; 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. 72-2006 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 Mayor Lyne left Council Chambers to fulfill a prior commitment. Mayor Pro Tern Gonzalez presided over the remainder of the meeting. Item 11 h RESOLUTION NO. 73-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE WICHITA FALLS BUSINESS PARK LANDSCAPE AND IRRIGATION PROJECT CWF06-732-11 AND APPROVAL OF CHANGE ORDER NO. 1; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hatcher that Resolution No.73-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. 781 Item 11 h continued Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, and Elmore Nays: None Item 12a(1) Mr. Dave Clark gave an update on the progress of downtown landscaping. Item 12a(2) Mr. Dave Clark informed that the Holt Hotel had received a second State award on April 21, 2006. It was presented by Preservation Texas for historic rehabilitation. Item 12a(3) City Attorney informed that Staff is adding the trail system to the Sex Offender Ordinance. The Council has been provided with a map of the trail system. Staff needs some direction on how Council wants staff to proceed. Councilor Ginnings stated that he would like to see it go forward. City Attorney suggested that if it is Council's desire it can be treated as a park. The current Ordinance includes parks with playgrounds as protected areas which are included in the map. There are only six parks in the City that do not have playground equipment on them so if it is the Council's desire to include the trail we would recommend that you include the trail basically as a park and at the same time include the other six parks that do not have playground equipment in them. The effect of that is basically shown on your map. We estimate the impact on the housing would be 2% -3% in addition to the already 80% figure that is being used. Councilor Ginnings commented that if we do this, we are also considering extending the trail from Scott Street and connecting it to the east, would that automatically bring that in if we write the ordinance this way? City Attorney replied that it would not be difficult to include that segment at the appropriate time. We will move forward to prepare something for the next agenda to do what is outlined in that memo. Councilor Elmore said that at the same time he would like to define what a sex offender is. I understand that there are a number of degrees in this particular area. City Attorney will get him more information. City Attorney explained that there is an evaluation process on different levels of sex offenders and it has to do with the propensity or the likelihood that they would repeat the offense. It is not all the sex offenders but those that have committed violations against children. City Attorney informed that there was another issue that had come up since this Ordinance was passed. It has to do with someone who is taken to jail and incarcerated for a given time. Is that considered a change of address under the Ordinance such that when they are released from confinement, they have had a change of address and cannot go back to the house that they lived in if it was in a protected area? That is something else that we are looking at and will bring back to you later. Item 12b Councilor Roberts-Burns congratulated Councilor Hatcher on his election and she looks forward to working with him. Councilor Elmore welcomed Councilor Hatcher. He mentioned the dirty property that is purchased then cleaned up and when the rubbish is taken to the landfill they are charged $40/load. We are penalizing these people for cleaning up an unsightly property. Councilor Elmore mentioned the dark blue uniforms worn by the police officers in this heat. He asked if the City had ever considered changing to summer and winter uniforms. City Manager stated that it would be dangerous for motorcycle officers, but could be looked into for the others. Chief Bachman replied that they have looked into that but the problem is money. They are quite expensive. We have changed to a type pant that is a little better. We continue to evaluate uniforms, however they are very expensive. 782 Item 12b continued Councilor Elmore mentioned the $2000/day maximum fine and the basis for that fine. I still have a problem with that and we need to get together within the next two weeks to discuss this. Councilor Ginnings referred to the excessive fines and stated that without knowing a specific violation I support Councilor Elmore and am in support of a proposal from staff and will support to put it on the agenda. Councilor Ginnings commented that the City has a lot to look forward to when the new Reverse Osmosis Plant goes into operation. Councilor Ginnings congratulated all the newly elected officials. Councilor Ginnings has been involved with some of our City folks and stated that he is just appreciative of the quality of people we have. Councilor Hatcher expressed appreciation to everyone that was involved in his campaign and all those who voted, and he thanked his two opponents for running a clean campaign. He thanked the City Clerk and the staff who worked in the election. He thanked the City Manager and Staff for the orientation efforts on his behalf. He looks forward to meeting with the various departments. He thanked his wife for her support during his campaign. He is looking forward to working as Councilor District 3. Councilor Ammons welcomed Councilor Hatcher to the City Council. Councilor Ammons mentioned the double water lines on 9th Street and asked if that had been checked out. Mr. Scott Taylor said he would have to check. Councilor Ammons mentioned that Bob Sullivan, MPEC Director was in the audience and noted that MPEC would soon be coming under the City. Councilor Ammons referred to the GSA Expo magazine and noted that it has a modular skate park sport interchangeable surface in various designs. We have talked about this several times and we do not seem to get off of high center. City Manager informed that staff is trying to hone in on a location that we can recommend to the City Council as well as a design and the type of equipment. We will bring something to the Council within the next month or two. As far as the cost, it is probably something that we will have to look at next year's budget. Councilor Ammons asked if there was a private group that had raised money for the equipment in the skate board park. Councilor Gonzales said that there is a group that has had some funds that they were willing to work with. Councilor Ammons commented that the private sector might be willing to initially partner with the City. Mayor Pro Tern Gonzalez congratulated Councilor Hatcher for winning his campaign and welcomed him to the Council. Mayor Pro Tern Gonzalez thanked his constituents in District 4 for their vote of confidence in him, and for the voter turnout in District 4. City Manager introduced Zak Carlton who is doing management internship in his office this summer. City Manager recognized Mr. Reuben Warren who will be retiring in a few days after 36 years with the City. The Health Department will be hosting a retirement party for him and everyone is encouraged to attend and congratulate him. City Council adjourned at 12:15 p.m. PASSED AND APPROVED this day of r 2006. LANHAM LYNE MAYOR ATTEST: ydia 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, May 23, 2006, Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda Ammons, Dorothy Roberts-Burns, Michael Norrie, Ray Gonzalez, and Charles Elmore. 1. Call to Order 2. (a) Invocation: Pastor Todd Derbyshire University Park Church of the Nazarene (b) Pledge of Allegiance 3. Canvass The Returns Of The Municipal General-Special Election Held In The City Of Wichita Falls, Texas On May 13, 2006. 4. Ordinance Canvassing The Returns Of The Municipal General- Special Election Held In The City Of Wichita Falls, Texas On May 13, 2006. (Council Bill #106) 5. Administration Of Official Oath To Newly Elected Mayor and Council Member. RECESS 6. Call To Order. 7. 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. City Council Agenda Tuesday, May 23, 2006 Page 2 8. Approval Of Minutes of May 2, 2006 Regular Meeting of the Mayor and City Council. CONSENT AGENDA 9. Receive Minutes (a) Wichita Falls-Wichita County Public Health Board, Dec. 6, 2005 (b) Transportation Policy Committee, MPO, January 31, 2006 (c) Animal Shelter Advisory Committee, February 9, 2006 (d) Wichita Falls Traffic Safety Commission March 14, 2006 (e) Wichita Falls Park Board, March 23, 2006 REGULAR AGENDA 10. Ordinance Amending In Its Entirety Chapter 26 Article IX Tattooing (Council Bill #107) 11. Resolutions (a) Resolution Authorizing The Purchase Of A 7.20 Acre Tract Of Land Out Of Block 43, Kemp And Newby Subdivision Of Cherokee County School Land, Abstract No. 33, Wichita County, Texas, And Being Out Of A 39.688 Acre Tract Conveyed To Dan Gray And Bill McGregor By Deed Recorded In Volume 2762, Page 373, Of The Official Public Records of Wichita County, As Indicated On The Attachment "A" Location Map And Attachment "B" Field Notes For The Purpose Of The Runway Protection Zone South of Kickapoo Airport (Council Bill #108) (b) Resolution Of The City Council Of Wichita Falls, Texas To Authorize The Use Of Mortgage Revenue Bond Proceeds To Finance Home Mortgages For Properties Within The City. (Council Bill #109) City Council Agenda Tuesday, May 23, 2006 Page 3 (c) Resolution Authorizing Award Of Bid For Demolition Of Hazardous Structures To Davis Construction In The Amount Of $16,253.00; To Mote, Inc., In The Amount Of $7,888.00 And To ZAC Corporation In The Amount Of $4,842.00. (Council Bill #110) (d) Resolution Approving A Professional Services Contract To Moore & Associates, Inc. For A Study Of The City Of Wichita Falls Public Transit System. (Council Bill #111) (e) Resolution To Award Bid And Contract For The Southmoor Sewer Relief Interceptor Project CWF05-560-02. (Council Bill #112) (f) Resolution Of The City Council Of The City Of Wichita Falls, Texas, Approving The 13th Amendment To The Water Purchase Contract With The City Of Lakeside City, Texas. (Council Bill #113) (g) Resolution Approving Engineering Services Contract To Lockwood, Andrews & Newnam, Inc. For An Evaluation Of Lift Station No. 65 And Associated Force Main (Council Bill #114) (h) Resolution To Award Bid And Contract For The Wichita Falls Business Park Landscape And Irrigation Project CWF06-732- 11 And Approve Change Order No. 1 (Council Bill #115) 12. Other Council Matters (a) Staff Council Discussion (1) Discussion of progress on downtown landscaping. (2) Award for Holt Hotel renovations. (3) Discussion of possible amendments to the registered sex offender/safety zone ordinance. (b) Discussion Of Items Of Concern To Members Of The City Council. 13. Adjourn City Council Agenda Tuesday, May 23, 2006 Page 4 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