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Min 04/18/2006 a 758 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building April 18, 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 - Michael Norrie - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Pastor Joe Williams, Edgemere Church of Christ, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 Mayor proclaimed May 4, 2006 as "Oncology Nursing Day in Wichita Falls" and encouraged all citizens to join the Council in recognizing the tremendous contributions of oncology nurses throughout North Texas.. Kimberly George and other oncology nurses expressed appreciation to the Council for the proclamation. Item 4 No one signed up to speak under Public Comments. Item 5 The Minutes were approved as distributed. Item 6 City Manager gave a briefing on the item listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. 759 Item 6 continued Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None RESOLUTION NO. 55 -2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO SOLID WASTE TRANSFER TRAILERS TO STECO, IN THE AMOUNT OF $115,500.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Norrie arrived in Council Chambers at this time. Item 7 ORDINANCE NO.27-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM FUND BALANCE IN THE GENERAL FUND FOR PURPOSES OF REPLACING FIRE ENGINE #1; 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. 27-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8a RESOLUTION NO. 56-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) 1,250 GPM PUMPER ENGINES THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM FROM PIERCE MANUFACTURING IN THE AMOUNT OF $630,042.00; 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. 56-2006 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None .760 Item 8b RESOLUTION NO. 57-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A HIGH PRESSURE BREATHING AIR SYSTEM FROM HOYT BREATHING AIR PRODUCTS, IN THE AMOUNT OF $46,513.00; 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. 57-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8c RESOLUTION NO.58-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, RENAMING KICKAPOO DOWNTOWN AIRPARK TO KICKAPOO DOWNTOWN AIRPORT; 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. 58-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8d RESOLUTION NO. 59-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, OF SUPPORT AND WILLINGNESS TO PROVIDE FINANCIAL SUPPORT FOR THE HOLLIDAY CREEK PEDESTRIAN AND BICYCLE TRAIL PHASE III; 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. 59-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 761 Item 8e RESOLUTION NO. 60-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH WICHITA COUNTY FOR USE OF IVOTRONIC VOTING 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 Roberts-Burns that Resolution No. 60-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8f This item was deferred until after the Executive Session. Item 9a City Clerk presented a report on the upcoming General-Special Municipal Election to be held on May 13, 2006 and provided election dates. Item 9b Councilor Ginnings asked that Staff look at defining the bike trail as a park, and the purpose of that is to extend the zone of protection against sexual predators. If we define the bike trail as a park, the Ordinance will take care of that. If additional information is needed the City Attorney can address that in the Ordinance. Councilor Ginnings encouraged persons who live along the bike trails to deputize themselves as a neighborhood watch and call in any infractions, like motor bikes on the trail. Councilor Ginnings mentioned the upcoming budget deliberations with staff and asked that City Manager consider creating an addendum of high priority items with what staff is recommending and how that fits into our Strategic Plan. I would like for Council to see what is turned down, only high level prioritized items. He mentioned the thuggish undisciplined males who live next door to elderly people, who are not physically able to take care of themselves and become prisoners in their own home because of thuggish behavior. I would like for us to see what we can do about that. He wants to discuss this with the City Manager. Councilor Ginnings mentioned that we are trying to make voting as convenient as possible. We have very important items on the ballot and all elections are important; he asked voters to plan to vote and to encourage their friends and neighbors to vote. I think we saw the importance of the vote at the last school bond election. One vote does count. Councilor Elmore stated that anyone interested in a Neighborhood Watch Program call the Mayor, Councilor Ginnings or himself and put three people together and we will guarantee that the Police Department can take care of that. They have done it in District 5. Councilor Elmore mentioned the sexual predators and said he had received calls from those that are not included in the sexual predator restrictions. They feel they have been targeted where it will be nothing but sexual predators in their neighborhoods. They are besieged in their own homes because they have people that cannot live anywhere else. I feel for them and I do not know what to do for them. I agree that we do not want predatory people around children and schools, but short of an enclave I do not know how to handle it. I am afraid this is going to continue. M � 762 Item 9b continued Councilor Elmore thanked the League of Women Voters for putting out such an informative and good guide. Councilor Elmore mentioned an incident where three firemen helped a woman who had a flat tire and he thanked those firemen. That is the kind of attitude that he wants our City employees to have. He stated that at the last meeting he did not mean to indicate we had problems with our staff. I think we have a great staff, but there may be some that approach the public with an attitude that is not appropriate. I do not want adversarial positions from the City to the constituents. Councilor Elmore wants to continue their discussion on water in the near future. Councilor Roberts-Burns informed that on April 8 there was a City-wide clean up and five tons of trash were picked up. Next clean up we will put out a container in the Lynwood area. She asked for a mail pick up at 7th and M.LK Blvd. City Manager mentioned that it was Post Office jurisdiction, but he will contact them and report back to her. Mayor commented that he thought things were working well. He expressed appreciation to Mr. Scott Taylor for all he does. Items 10a-10c City Council went into Executive Session at 9:40 a.m. as authorized by Section 551.071 and 551.074 of the Texas Government Code City Council reconvened at 10:49 a.m. Mayor announced that no votes or polls were taken during Executive Session. Item 11 a Moved by Councilor Gonzalez to appoint Mrs. Joni Dotson to the Planning and Zoning Commission Motion failed for a lack of a second. Moved by Councilor Ammons to appoint Ms. Deborah Morrow to the Planning and Zoning Commission, Place 11 with term to expire December 31, 2007. Motion seconded by Councilor Norrie and carried by the following vote Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Item 8 (f) and 11(b) RESOLUTION NO.61-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPOINTING ONE MEMBER TO SERVE ON THE WICHITA APPRAISAL DISTRICT BOARD OF DIRECTORS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Gonzalez that Resolution No. 61-2006 be passed by inserting Councilor Dorothy Roberts-Burns' name in the blank. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 763 Item 11 c Moved by Councilor Gonzalez to reappoint Mr. Jerry Reed, Place 4, to the Wichita- Wilbarger 9-1-1 District, with term to expire May 15, 2008. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 11 d Moved by Councilor Gonzalez that the following persons be appointed to the Commission on Human Needs Mr. Philip Aragon, Place 1, term expires December 31, 2006 Dr. Kirk Harlow, Place 3, term expires December 31, 2006 Ms. Regan Stephens-McGinnis, Place 6, term expires December 31, 2006 Mr. Steven Young, Place 14, term expires December 31, 2007 Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 11 e Moved by Councilor Gonzalez to appoint Mrs. Jan Herzog to the Park Board, Place 8, with term to expire December 31, 2008 and Ms. Sharon Roach, Place 10, with term to expire December 31, 2007. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None City Council adjourned at 11:00 a.m. PASSED AND APPROVED this�� day of C 2006. LANHA YNE 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, April 18, 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 Joe Williams Edgemere Church of Christ (b) Pledge of Allegiance 3. Proclamation - Oncology Nursing Day 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 April 4, 2006 Regular Meeting of the Mayor and City Council. CONSENT AGENDA 6. Resolution Authorizing Award Of Bid For The Purchase Of Two (2) Solid Waste Transfer Trailers To Steco In The Amount Of $115,500.00 (Council Bill #82) City Council Agenda Tuesday, April 18, 2006 Page 2 REGULAR AGENDA 7. Ordinance Making An Appropriation From Fund Balance in the General Fund For Purposes Of Replacing Fire Engine #1 . (Council Bill #83 8. Resolutions (a) Resolution Authorizing The Purchase Of Two (2) 1 ,250 GPM Fire Pumper Engines Through The Buyboard Purchasing Program (Council Bill #84) (b) Resolution Authorizing Award Of Bid For The Purchase Of A High Pressure Breathing Air System To Hoyt Breathing Air Products (Council Bill #85) (c) Resolution Renaming Kickapoo Downtown Airpark to Kickapoo Downtown Airport (Council Bill #86) (d) Resolution Of Support And Willingness To Provide Financial Support For The Holliday Creek Pedestrian And Bicycle Trail, Phase III (Council Bill #87) (e) Resolution Authorizing The City Manager To Execute An Interlocal Agreement With Wichita County For Use Of iVotronic Voting System (Council Bill #88) 9. Other Council Matters (a) Staff Council Discussion (1) Report From City Clerk On Upcoming Election (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Executive Session (a) Briefing By City Attorney Regarding Potential Settlement Of Cause No. 40,899-A; Wichita County, City of Wichita Falls, and WFISD v. Theophilus Thompson v. Wichita Appraisal District, As Authorized By Section 551 .071 Of The Texas Government Code City Council Agenda Tuesday, April 18, 2006 Page 3 (b) Briefing by City Attorney Regarding Cause No. 93-10-0140A- CV; Bloodworth v. City of Wichita Falls, Texas, As Authorized By Section 551.071 Of The Texas Government Code (c) Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551 .074 Of The Texas Government Code: (1) Planning & Zoning Board (2) Wichita Appraisal District Board 11 . Open Session to Approve Appointments/Reappointments to the following Boards and Commissions: (a) Planning & Zoning Board (b) Wichita Appraisal District Board (c) Commission on Human Needs (d) Park Board 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 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, April 18, 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 ADDENDUM TO REGULAR AGENDA 8. Resolutions (f) Resolution Appointing One Member to Serve On The Wichita Appraisal District Board of Directors (Council Bill #89) 10. Executive Session (c) Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551 .074 Of The Texas Government Code: (3) Wichita-Wilbarger 911 District Board 11 . Open Session To Approve Appointments/Reappointments To The Following Boards And Commissions: (e) Wichita-Wilbarger 911 District Board 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