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Min 01/17/2006 i 705 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 17, 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: 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 Lanham Lyne - Absent In the absence of Mayor Lyne, Mayor Pro Tern Ray Gonzalez presided over today's meeting. Mayor Pro Tern called the meeting to order. Item 2a Reverend Robert Morgan, Associate Pastor of Education, Faith Baptist Church, gave the invocation. Item 2b Councilor Roberts-Burns led in the Pledge of Allegiance. Item 3 The following persons representing the group "Save Our School — Booker T. Washington" requested that Council revisit this issue, which was voted on at the last Council meeting. They brought up several issues dealing with ownership and the sale of that property, as well as things that could be done with those buildings to help save their heritage. Herman Sanders, 308 Patterson Cassandra Harris, 1608 Andrews Elwelch Walters, 1509 Giddings Brenda Jarrett, 22871 County Line Road Dr. Dawson Orr, 1104 Broad, Wichita Falls Independent School District Superintendent, referred to the City's Strategic Planning meetings and offered their cooperation in several areas. He mentioned demographic information and the use of similar facilities. Councilor Ginnings stepped out of Council Chambers. Item 4 The Minutes were approved as distributed. 706 Item 5 City Manager gave a briefing on the item listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Minutes of the November 2, 2005 Wichita Falls Traffic Safety Commission were received. Councilor Ginnings returned to Council Chambers. Item 6a RESOLUTION NO. 6-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE CONSTRUCTION OF 4,855 LINEAR FEET OF 8-FOOT CHAIN LINK FENCE TO RENT-A-FENCE, IN THE AMOUNT OF $65,868.70; 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. 6-2006 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 6b RESOLUTION NO. 7-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 TO THE WICHITA FALLS BUSINESS PARK STREETS AND DRAINAGE PROJECT (CWF05-732-26); 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. 7-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tem Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 6c RESOLUTION NO. 8 -2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF THE CITY'S ESTIMATED ANNUAL REQUIREMENT OF LUBRICATING OILS AND GREASE FROM THE LOCAL BIDDER OLMSTEAD OIL COMPANY IN THE AMOUNT OF $73,122.15, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW r 707 Item 6c continued Moved by Councilor Ginnings that Resolution No. 8-2006 be passed. Motion seconded by Councilor Elmore. Mrs. Peggy Gahagan informed that the local bidder, Olmstead Oil Company, was within 5% of the low bid. The difference in bids was 2.1% or$1,500. Charles Brazier, 1220 Old Burk Road, representing Olmstead Marketing, local bidder, stated that they would like to continue doing business with the City as in the past. We can get items delivered on the same day. The other provider delivers only once a week. We have five employees and had $1.8 million in sales in 2005 and have been in business four years. Scottie Mitchell, 1719 Downhill, Account Manager for Western Marketing, informed that they have had the bid for two years. We can be here the next day if needed. We have never had problems with delivering. We have four warehouses throughout Texas and Okalahoma but we are not located in Wichita Falls. We never had any problems in the two years we had the bid. Moved by Councilor Elmore that bid be awarded to the local bidder, Olmstead Oil Company. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 6d RESOLUTION NO. 9-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A FY2007 COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT; 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. 9-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None City Council recessed 9:30 a.m. and reconvened at 9:45 a.m. Item 7a City Council discussed the changes presented at a previous meeting by the Charter Review Committee. The first item discussed by the Council was changing the percentage on the number of persons required for a recall. The following percentages recommended by the Committee were discussed - 35% for contested race and 5% for uncontested races. David Brock, the only member present from the Committee, responded to questions from the Council in reference to the Committee's recommendations. r. 708 Item 7a continued Councilor Ginnings referred to the recommendation referencing the 35% applied to both contested and uncontested races. Mr. Brock informed that the Committee wanted to make certain that the unopposed races were also addressed. Several scenarios and suggestions were made by the Council in regards to what the required percentage should be. A suggestion was made by Council that 5% of the registered voters be considered and that no more than one recall be allowed per term. Arthur Bea Williams, 1602 Andrews, mentioned the following three things. First, she concurred that the numbers should be stable and that it be the number of registered voters in the district. Whether it is a 5% or 2.5% minimum, she suggested that a standard minimum be set. You want the entirety for each district because not everyone votes. It needs to be the number of registered voters. We need something clear and constant. The percentage can be decided before it goes on the ballot. Second, the person pursuing the recall should give at least one ground of substance on the reason for removal. Third, allow only one recall per term. The terms are only two year terms. The issue of removing a council person if indicted was mentioned and it was noted that that issue is already addressed in the Charter. After additional discussion, it was Council consensus that language be included to allow only one recall per term per council member. The issues of plurality and majority were discussed. It was mentioned that it was not cost effective to have two elections, referring to a runoff. It would be extra cost for the City as well as the candidates. There was no consensus by Council on this issue. City Attorney asked Council for a consensus on the housekeeping issues and Council agreed to those items relating to Section 11, 25, 26, 27, 28, 34, 41, and 50. They agreed to delete the affidavit requirement in the recall section and that only registered voters within a council district be allowed to sign a recall petition for that council position. Council directed the City Clerk and City Attorney to prepare wording reflecting that 5% of the number of registered voters be required in a recall whether it is an opposed or unopposed race. Item 7b City Manager reminded Council and Directors that the Strategic Planning Meeting is scheduled for this Friday at 8 a.m. More information will be provided to Council and Directors. Item 7c Councilor Roberts-Burns expressed appreciation to Mr. John Burrus for addressing some situations in District 2. She thanked the Pubic Information Department and the W.F.I.S.D. Public Information Office for their assistance during the MLK Prayer Breakfast on Saturday. She thanked everyone for attending the prayer breakfast. Councilor Elmore thanked Mr. John Burrus for attending his District 5 meeting. He asked Mr. Scott Taylor to look into a possible sewage leak on Kiel Road. Councilor Ammons congratulated Mr. John Burrus on his appointment as Director of Aviation, Traffic, and Transportation. Councilor Ammons asked if the sanitation carts were being delivered on weekends. Mr. Taylor replied that they had received a shipment two weeks ago and if they are running behind they may have been delivered on the weekends and he approved the overtime. Councilor Ammons was glad they had received the sales tax report and asked if we had any specifics as to where the taxes come from. Mr. Jim Dockery replied that we do not know the specific locations in the City limits. She encouraged everyone to spend more money. Mayor Pro Tern Gonzalez thanked the Council for the discussion on the Charter Review issues. He felt it was a good discussion. 709 Items 8a-8b City Council went into Executive Session at 11:00 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:09 a.m. Mayor Pro Tern announced that no votes were taken during Executive Session. Item 9a Moved by Councilor Ginnings to appoint Ms. Amy Bobrowitz to the Airport Board of Adjustment, Place 3, with term to expire December 31, 2006. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 9b Moved by Councilor Norrie to appoint Mr. Milburn Nutt, to the Planning and Zoning Commission, Place 11, with term to expire December 31, 2007. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 10 City Council adjourned at 11:15 a.m. PASSED AND APPROVED this day of , 2006. LANFVM LYNE 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, January 17, 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: Reverend Robert Morgan Associate Pastor of Education Faith Baptist Church (b) Pledge of Allegiance 3. 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. 4. Approval of Minutes CONSENT AGENDA 5. Receive Minutes Wichita Falls Traffic Safety Commission, November 2, 2005 REGULAR AGENDA 6. Resolutions (a) Resolution Authorizing Award Of Bid For The Construction Of 4,855 Linear Feet Of Fencing At The City Landfill (Council Bill #12) City Council Agenda Tuesday, January 17, 2006 Page 2 (b) Resolution To Approve Change Order No. 1 For The Wichita Falls Business Park Streets And Drainage Project (CWF05-732- 26) (Council Bill #13) (c) Resolution Authorizing Award Of Bid For The City's Estimated Annual Requirement Of Automotive Lubricating Oils And Grease (Council Bill #14) 7. Other Council Matters (a) Discussion/Action on possible changes to the City Charter. (b) Staff Council Discussion (c) Discussion Of Items Of Concern To Members Of The City Council. 8. Executive Session Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551 .074 Of The Texas Government Code. (a) Airport Board of Adjustment ( b) Planning & Zoning Commission 9. Open Session Appointments/Reappointments to the following Boards and Commissions. (a) Airport Board of Adjustment ( b) Planning & Zoning Commission 10. 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. City Council Agenda Tuesday, January 17, 2006 Page 3 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, January 17, 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 6. Resolutions (d) Resolution Authorizing The City Manager To Make Application With The Texas Department Of Transportation (TXDOT) For A Comprehensive Selective Traffic Enforcement Program (STEP) Grant For Fiscal Year 2007 (Council Bill #15) 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 , 2005 at o'clock (a.m.)(p.m.). City Clerk