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Min 06/19/2012 404 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 19, 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 - Brian Hooker - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Councilor Annetta Pope, District 2, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3 Lanham Lyne gave a presentation on the Pride in the Falls Campaign — Phase II. Carla Bolin, Chamber of Commerce, and Bobby Schaff spoke in support of Phase II, Pride in the Falls Campaign. Council consensus was to move forward with Phase II. A copy of Mr. Lyne's presentation is on file in the office of the City Clerk. Item 4 No one signed up to speak under public comments. Item 5 Minutes of the June 5, 2012 Regular Council meeting were approved as distributed. 405 Items 6— 7 City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ward that the Consent Agenda be approved. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 6a RESOLUTION NO. 52-2012 Resolution Authorizing The Purchase Of A Heil 23 Cubic Yard Front-Load Sanitation Body Through The Buyboard Purchasing Cooperative From Heil Of Texas In The Amount Of$68,819.00. Item 6b RESOLUTION NO.53-2012 Resolution Authorizing Staff To Execute All Documents Necessary To Purchase 17 In-Car Video Systems From L3 Communications Mobile-Vision, Inc. through the Houston-Galveston Area Council of Governments, In The Amount Of$77,265.00 Item 7 Minutes of the following boards and commissions were received. (a) Wichita Falls Economic Development Corp. (4A), April 18, 2012 Item 8a RESOLUTION NO. 54-2012 Resolution Allowing The Trustee Property Located At 622 Van Buren To Be Sold For Less Than The Total Amount Of The Judgments Against The Property As Authorized By Section 34.05 (i) Of The Texas Property Tax Code Moved by Councilor Roberts-Burns that Resolution No. 54-2012 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 8b RESOLUTION NO. 55-2012 Resolution Allowing Selected Trustee Properties To Be Re-Sold At The Courthouse Steps By The Wichita County Sheriff Or Constables As Provided By TEXAS Tax CODE §§ 34.05(c) & 34.05(d) Moved by Councilor Roberts-Burns that Resolution No. 55-2012 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None 406 Item 8c RESOLUTION NO. 56-2012 Resolution Authorizing The City Manager To Apply For Funding from The FY 2012 United States Department of Justice Bulletproof Vest Partnership Program In A Total Amount Of Approximately $14,500 Moved by Councilor Ward that Resolution No. 56-2012 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None Mayor moved Item 10 up to be considered at this time. Item 10 City Council went into Executive Session at 9:33 a.m. in accordance with Texas Government Code Section 551.071, Section 551.072, Section 551.074 and Section 551.087. Council reconvened at 11:33 a.m. Mayor announced that no polls or votes were taken during Executive Session. Councilor Ingle was not in attendance at this time. Item 8d RESOLUTION NO. 57-2012 Resolution Appointing/Reappointing Directors To The Wichita County/City Of Wichita Falls, Texas, Hospital Board; And Designating Term Of Office Moved by Councilor Smith that Resolution No. 57-2012 be passed with the reappointment of Mr. Darron Leiker, Place 2, and Dr. Howard Farrell, Place 3; terms to expire July 1, 2014. Motion seconded by Councilor Hooker and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, and Ward Nays: None Item 8e RESOLUTION NO. 58-2012 Resolution Authorizing The City Manager And Chief Of Police To Execute All Documents Necessary To Protest The Texas Alcoholic Beverage Commission's Renewal Of A License To Serve Alcohol At 309 N. Scott Avenue Moved by Councilor Roberts-Burns that Resolution No. 58 -2012 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None Mayor moved Item 11 up to be considered at this time. 407 Item 11 Moved by Councilor Pope that Councilor Dorothy Roberts-Burns be reappointed as the proxy to the Nortex Regional Planning Commission with term to expire July 1, 2013. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None Moved by Councilor Ward that Mr. Rick Hatcher be appointed to Place 4 of the MPEC Advisory Board, with the term to expire December 31, 2012. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 9a There were no staff reports. Item 9b Council members brought up the following matters: Councilor Smith: a) July 4th Freedom Fest at SAFB June 30. b) Provided information on the watering restrictions. c) Reported on the Health Department's "No Kill Day" National Project and informed that it was a great activity to inform public about animal over population. for adopting animals. Councilor Ingle: a) Referred to the "Pride in the Falls" marketing, new projects, new ideas, new growth, etc. and suggested a "brainstorming strategy session" to consider everything that is going on, and come up with a composite plan or central idea and see what we can do with our limited resources. This could be an overall plan maybe at a 2025, 2030 plan. Mayor Barham: a) Asked about the possibility to allow the Volunteer Fire Departments to draw the waste water that is put back into the river and store it in tanks. b) Check into building that fell during storms at the corner of Fairway and Wyoming Streets and see what can be done with that. Item 12 Moved by Councilor Robert-Burns that Councilor Michael Smith be appointed as Mayor Pro Tern for remainder of 2012 and 2013. Motion seconded by Councilor Pope and carried by the following vote: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 13 City Council adjourned at 11:55 a.m. 408 PASSED AND APPROVED this_ 3 d day of_ July 2012. 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 = h' Brian Hooker, District 3 �C � 9f 7j(5 Tim Ingle, District 4 T E x A s Mary Ward, District 5 B/u�Skie,.Cfo/den O���tun�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, June 19, 2012 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: (b) Pledge Of Allegiance 3. Presentations: ■ Pride in the Falls Campaign — Phase II — Lanham Lyne 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 The June 5, 2012 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolutions (a) Resolution Authorizing The Purchase Of A Heil 23 Cubic Yard #84 Front Load Sanitation Body Through The Buyboard Purchasing Cooperative From Heil Of Texas In The Amount Of$68,819.00 (b) Resolution Authorizing Staff To Execute All Documents Necessary To Purchase 17 In-Car Video Systems From L3 #85 Communications Mobile-Vision, Inc. through the Houston- Galveston Area Council of Governments, In The Amount Of $77,265.00 7. Receive Minutes • Wichita Falls Economic Development Corp. (4A), April 18, 2012 REGULAR AGENDA 8. Resolutions (a) Resolution Allowing The Trustee Property Located at #86 622 Van Buren To Be Sold For Less Than The Total Amount Of The Judgments Against The Property As Authorized By Section 34.05(i) Of The Texas Tax Code (b) Resolution Allowing Selected Trustee Properties To Be #87 Re-Sold At The Courthouse Steps By The Wichita County Sheriff Or Constables As Provided By Texas Tax Code §§ 34.05(c) & 34.05(d) (c) Resolution Authorizing The City Manager To Apply For #88 Funding from The FY 2012 United States Department of Justice Bulletproof Vest Partnership Program In A Total Amount Of Approximately $14,500 (d) Resolution Appointing/Reappointing Directors To The #89 Wichita County/City Of Wichita Falls, Texas, Hospital Board; And Designating Term Of Office (e) Resolution Authorizing The City Manager And Chief Of #90 Police To Execute All Documents Necessary To Protest The Texas Alcoholic Beverage Commission's Renewal Of A License To Serve Alcohol At 309 N. Scott Avenue 9. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Executive Sessions: (a) Executive Session in accordance with Texas Government Code § 551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to protest of TABC license renewal and property interests in the vicinity of Lake Wichita). CITY COUNCIL AGENDA PAGE 2OF4 (b) Executive Session in accordance with Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the purchase, exchange, lease, or value of property interests in the vicinity of Lake Wichita). (c) Executive Session In Accordance With Texas Government Code § 551.074 To Deliberate The Appointment, Employment, Evaluation, Reassignment, Duties, Discipline, Dismissal Of A Public Officer Or Employee, Including, But Not Limited To Mayor Pro Tem and Members Of The Following Boards And Commissions: • City/County Hospital Board • Nortex Regional Planning Commission (d) Executive Session in accordance with Texas Government Code § 551.087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, Economic Development Prospect Update). 11. Open Session To Consider Appointments To The Following Boards And Commissions: • City/County Hospital Board (Resolution) • Nortex Regional Planning Commission • MPEC Advisory Board 12. Appointment Of Mayor Pro Tem 13. 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, CITY COUNCIL AGENDA PAGE 3 OF 4 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. Discussions pursuant to Texas Government Code 551.074 may include all officers and employees appointed or approved by City Council, in addition to other officers and employees named in this agenda. 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 4 OF 4