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