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Min 03/20/2012 367 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 20, 2012 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. Glenn Barham - Mayor Dorothy Roberts-Burns - Mayor Pro Tern Michael Smith - Councilors Annetta Pope - Rick Hatcher - Tim Ingle - Mary Ward - Absent Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Annetta Pope, Councilor District 2, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3 No one signed up to speak under Public Comments. Item 4 Minutes of the March 6, 2012 Regular Council meeting were approved as distributed. Items 5-6b 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 Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None 368 Items 5-6b continued Item 5 RESOLUTION NO. 20-2012 Resolution Authorizing The Purchase Of a Heavy Duty Service Truck Through The Buy Board Purchasing Cooperative From Grande Truck Center In The Amount Of$93,762.00 Items 6a-6b Minutes of the following boards and commissions were received. (a) Park Board, January 26, 2012 (b) Traffic Safety Commission, February 1, 2012 Item 7a ORDINANCE NO. 15-2012 Ordinance Amending Sections 54-61 through 54-65 And Section 54-95 Of The Code Of Ordinances Of The City Of Wichita Falls To Modify The City's Flood Damage Prevention Provisions, Providing A Penalty Not To Exceed $2,000 Per Violation, And Providing For Codification Moved by Councilor Roberts-Burns that Ordinance No. 15-2012 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None Item 7b ORDINANCE NO. 16-2012 Ordinance Declaring Unopposed Candidates As Elected To The Mayor, Councilor District 4, And Councilor District 5 Positions, And Declaring Those Three Elections Cancelled In Accordance With Chapter 2 Of The Texas Election Code Moved by Councilor Ingle that Ordinance No.16 -2012 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None Item 8a RESOLUTION NO. 21-2012 Resolution Authorizing The City Manager to Execute An Agreement With The Wichita County Water Improvement District No. 2 And City Of Wichita Falls To Conduct A Joint Election On May 12, 2012 Moved by Councilor Roberts-Burns that Resolution No. 21-2012 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None 369 Item 8b RESOLUTION NO. 22-2012 Resolution Authorizing Expenditure By The City of Wichita Falls Police Department From The Seized Funds Account In The Amount Of $31,976.99 For The Procurement Of Two Items Not Included In The FY 2011 /2012 General Fund Budget Moved by Councilor Smith that Resolution No. 22-2012 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None Item 8c RESOLUTION NO. 23-2012 Resolution Authorizing City Staff To Apply For A Bus And Bus Facilities Livability Initiative Program Grant From The Federal Transit Administration For The Construction Of A New Intermodal Downtown Bus Travel Center Moved by Councilor Roberts-Burns that Resolution No. 23-2012 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None Item 8d RESOLUTION NO. 24-2012 Resolution Approving Change Order No. 9 For The Cypress Water Treatment Plant 2010 10 MG Conventional Treatment Plant Project (CWF07-544-06) Moved by Councilor Ingle that Resolution No. 24-2012 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None Item 8e RESOLUTION NO. 25-2012 Resolution Awarding Bid And Contract For The Transfer Station Tipping Floor Replacement Project (CWF12-530-12) To Scales Construction Company For An Estimated Amount Of$548,541.00 Moved by Councilor Hatcher that Resolution No. 25 -2012 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None 370 Item 8f RESOLUTION NO. 26-2012 Resolution Awarding Bid and Contract For The 2012 Street Rehabilitation Project (CWF12-100-04) To Zack Burkett Company In The Estimated Amount Of $2,902,822.50 Moved by Councilor Roberts-Burns that Resolution No. 26-2012 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None Item 8g RESOLUTION NO. 27-2012 Resolution Endorsing Formation Of A Policy And Technical Committee For The Upcoming Joint Land Use Study For Sheppard Air Force Base, And Appointing A Representative From The Airport Board of Adjustment. Moved by Councilor Hatcher that Resolution No. 27-2012 be passed. Motion seconded by Councilor Ingle. Moved by Councilor Hatcher to amend proposed ordinance by inserting Amy Bobrowitz' name in the blank as the Airport Zoning Board of Adjustment representative to the Joint Land Use Study for Sheppard Air Force Base. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle Nays: None Item 9a Assistant City Manager Kevin Hugman presented a report on the Verizon Cell Tower Design in the area of the Golf Course. Several options were previously provided to Council and are now providing different options for the top of the tower. He gave an overview of the designs displaying photos of the various designs. He asked for Council input as to how to proceed. Councilor Smith asked if the tower would need to have the aircraft warning lights on it. David Franks, Verizon representative, 1413 Travis Circle North, Irving, TX informed that because of the nearness to Kickapoo Airport we will have to file for FAA approval and it is up to FAA as to what lighting will be required. The appropriate permits will be applied for. Council consensus was to go with the Alamo Major design. 371 Item 9a continued Health Director Lou Kreidler presented a report on the Animal Ordinance, specifically on dog bites. She reviewed the current ordinance and what tools are available as well as what other cities have in place and how they relate to our City. She made comparisons to the State law and to other municipalities which resulted in that the City is in line with State law and other cities' ordinances. Nothing was found within the confines of State law to strengthen our Animal Ordinance. Staffing comparison and a report on dog bites were also provided. She asked for Council feedback on moving forward. City Attorney informed that our ordinance is broader than State law, if a dog approaches in an attitude of attack and is behind a fence, it can be determined vicious. Councilor Hatcher commented that our current ordinance appears to be very good and compares well with other ordinances throughout the State. Now it is up to the pet owner to be responsible for their pets. Councilor Roberts-Burns concurred with Councilor Hatcher. Mayor agreed that our Ordinance is in good shape and we are in line with what needs to be done. He thanked the Health Director for her report. Item 9b Council members brought up the following matters. Councilor Pope: a) District 2 will have a spring clean up April 28, only residential not commercial. b) Thanked police for their diligence and expediency in responding to a traffic accident Sunday on Seymour Highway. c) Expressed appreciation to all the police officers and fire fighters. Councilor Smith: a) Citizens be aware of the Animal Ordinance and what they can and need to do. Citizens need to report any animal problem to Animal Control. b) Recycling program that IESI has for all kinds of items, including plastic. c) Wichita Falls Fire Department was recognized by the Texas Division on Fire Protection for the Department's contributions to their safety in the fire service. Hats off to Chief Foster and all his firefighters for all that they do for us, particularly for this award. Councilor Hatcher: a). District 3 Town Hall Meeting moved to April 3 at Jefferson School. b) We have good hard working people that work for the City—everyone. Commend City Manager for that and how he handles the City of Wichita Falls c) Face book page "Left Turn on Red at Arby's". Councilor Ingle: a) Thanked Health Director for the report on dog bites. If citizens need to address that they can make a report. b) Commend MSU on their basketball games. Great games and good impact to MSU athletics and to the City. Councilor Roberts-Burns: a) Thanked Health Director for her report. b) Congratulations to the Fire Department for the award they received on safety. Mayor Barham: a) Thanked everyone for their reports Item 10 City Council adjourned at 9:50 a.m. PASSED AND APPROVED this 3rd day of April 2012. 372 Glenn Barham, Mayor ATTEST: Lydia Ozuna, City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor Dorothy Roberts-Burns, Mayor Pro Tern Michael Smith, District 1 Annetta Pope-Dotson, District 2 ` • !/ Rick Hatcher, District 3 �C , S Tim Ingle District T E X A S Mary Ward, District 5 B/u�Sk�es Aden O��vttun�tie;. Darron Leiker, City Manager -- Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, March 20, 2012 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Ron Barnard, Pastor Heritage Assembly of God (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 Of The March 6, 2012 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 5. Resolution Authorizing The Purchase Of A Heavy Duty Service #34 Truck Through The Buy Board Purchasing Cooperative From Grande Truck Center In The Amount Of$93,762.00. 6. Receive Minutes (a) Park Board, January 26, 2012 (b) Traffic Safety Commission, February 1, 2012 REGULAR AGENDA 7. Ordinances (a) Ordinance Amending Sections 54-61 through 54-65 and #35 54-95 of the Code Of Ordinances Of The City Of Wichita Falls to Modify the City's Flood Damage Prevention provisions, Providing a Penalty not to exceed $2,000 per violation, and Providing For Codification (b) Ordinance Declaring Unopposed Candidates In Three #36 Positions And Declaring Those Three Elections Cancelled In Accordance With Chapter 2 Of The Texas Election Code 8. Resolutions (a) Resolution Authorizing the City Manager to Execute an #37 Agreement with the Wichita County Water Improvement District No. 2 (WID2) and City of Wichita Falls to conduct a Joint Election on May 12, 2012 (b) Resolution Authorizing Expenditure By The City of #38 Wichita Falls Police Department From The Seized Funds Account In The Amount Of $31,976.99 For The Procurement Of Two Items Not Included In The FY 2011 / 2012 General Fund Budget (c) Resolution Authorizing City Staff To Apply For A Bus #39 And Bus Facilities Livability Initiative Program Grant From The Federal Transit Administration For The Construction Of A New Intermodal Downtown Bus Travel Center (d) Resolution Approving Change Order No. 9 For The #40 Cypress Water Treatment Plant 2010 10 MGD Conventional Treatment Plant Project (CWF07-544-06) (e) Resolution Awarding Bid And Contract For The Transfer #41 Station Tipping Floor Replacement Project (CWF12-530- 12) To Scales Construction Company For An Estimated Amount Of$548,541.00 (f) Resolution Awarding Bid and Contract For The 2012 #42 Street Rehabilitation Project (CWF12-100-04) To Zack Burkett Company In The Estimated Amount Of $2,902,822.50 CITY COUNCIL AGENDA PAGE 2 OF 3 (g) Resolution Endorsing Formation Of A Policy And #43 Technical Committee For The Upcoming Joint Land Use Study For Sheppard Air Force Base, And Appointing A Representative From The Airport Board of Adjustment 9. Other Council Matters (a) Staff Council Discussion • Verizon Cell Tower Design • Animal Ordinance (b) Discussion Of Items Of Concern To Members Of The City Council. 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. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. 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 2012 at o'clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 3 OF 3