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Min 07/03/2012 409 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 3, 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 Michael Smith - Mayor Pro Tern Dorothy Roberts-Burns - Councilors Annetta Pope - Brian Hooker - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Myrna Marks - Deputy City Clerk Mayor Barham called the meeting to order. Item 2a Charlie Thomason, Pastor of Faith Village Church of Christ gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Mayor recognized Mr. Jorge Luis Luna Morelos, Equipment Operator II, Transfer Station, as Employee of the Month for July 2012. Mayor presented Mr. Morelos with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 4 Anthony Carlisle, 1648 Pearl, expressed concern regarding the manner in which a police officer handled a vehicle incident in which he was involved. He informed that the other motorist involved did not have insurance, tags, inspection stickers or a driver's license and was allowed to drive away from the scene of the accident. He requested that Wichita Falls Police Department policies concerning motorists be reviewed by the Council. He has filed a report with Internal Affairs but felt the response was negative and wanted Council to address it. He also expressed concern regarding the sidewalks around the hospital area and lack of accessibility for the handicap, and he asked that Council look into this. Item 5 Minutes of the June 19, 2012 Council meeting were approved as distributed. 410 Items 6a—6g City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ingle that the Consent Agenda be approved. 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 Items 6a-6g Minutes of the following boards and commissions were received. (a) 4B Sales Tax Board, March 27, 2012. (b)Wichita Falls-Wichita County Public Health Board, April 27, 2012. (c) Planning &Zoning Commission, May 9, 2012. (d) Traffic Safety Commission, April 4, 2012. (e) Traffic Safety Commission, May 2, 2012. (f)Wichita Falls Economic Development Corp. (4A), June 4, 2012. (g) Landmark Commission, May 22, 2012. Item 7a ORDINANCE NO. 33-2012 Ordinance Waiving Section 94-319(a) Of The Code Of Ordinances of the City of Wichita Falls, And Changing The Block Range Of Lee Street Between 2na Street And 3 d Street From The 200 Block Range To The 100 Block Range Moved by Councilor Ingle that Ordinance No. 33-2012 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 8a RESOLUTION NO. 59-2012 Resolution Supporting An Application To The 4B Sales Tax Board For Additional Funding For The Previously Approved Lake Wichita Shore Improvements In The Amount Of$23,000. Moved by Councilor Ingle that Resolution No. 59-2012 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 8b RESOLUTION NO. 60-2012 Resolution Approving Change Order No. 1 To The Seymour Highway / Barnett Road Hike And Bike Trail Project, CSJ: 0903-03-099, STP 2011(235) TE, To Luz Lerma Construction Incorporated Moved by Councilor Roberts-Burns that Resolution No. 60-2012 be passed. 411 Item 8b continued Motion seconded by Councilor Smith and carried by the following vote and carried by the following vote: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 8c RESOLUTION NO. 61-2012 Resolution To Award Contract For The 2012 BUIP - Sanitary Sewer Rehabilitation Project (CWF12-550-14) To Insituform Technologies, Inc. In The Estimated Amount Of$789,762.50 Moved by Councilor Smith that Resolution No. 61-2012 be passed. Motion seconded by Councilor Pope 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) Reminder it is illegal to shoot fireworks in the City of Wichita Falls; encouraged citizens to check on their pets since they can be traumatized during this time. b) Requested that TML water and sewer survey information be placed on the City website. c) Champions Golf Course has increased their play by 10% and over 47% from 2 years ago. d) Noticed a ton of trash on Kell Blvd, near the transfer station. It appears to come from the retailers and not the transfer trucks. e) Visited Colorado Springs and was impressed with their Fire Department's response to the wildfires and evacuation plan for small and large animals. f) Asked that Fire Department and City continue to be vigilant about emergency plans. Councilor Ingle: a) Thanked the 82nd Training Wing for the Freedom Fest 4th of July Celebration. b) Update on transition between Barnett—Johnson Road. Public Works Director and Assistant City Manager Hugman informed that it is still being worked on. Councilor Roberts-Burns: a) Thanked the Mayor for the letter of support relating to the construction of our new bus facility. b) Wished everyone a safe and happy 4th of July. Mayor Barham: a) Asked Interim Police Chief Borrego to speak to WFPD policies and Anthony Carlisle's concern. Chief Borrego informed that an officer checks for driving requirements and if they are not met, the officer will not let someone drive away while they are still standing there. The law allows the officer to ticket a person for not having the proper requirements. City Manager stated that Staff will research this concern and report back to Council at a later date. 412 Items 10a— 10c City Council went into Executive Session at 9:28 a.m. in accordance with Texas Government Code Section 551.071, Section 551.074, and Section 551.087. City Council reconvened at 10:35 a.m. Mayor announced that no polls or votes were taken during Executive Session. Item 11 A Pre-Budget Workshop was held. A copy of the Budget Overview is on file in the Office of the City Clerk. City Council recessed for lunch at 12:00 noon and reconvened at 12:50 p.m. Item 12 City Council adjourned at 4:05 p.m. PASSED AND APPROVED this 17th 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,At Large Michael Smith, Mayor Pro Tern ~� Annetta Pope-Dotson, District 2 !/ Brian Hooker, District 3 ic , 5' Tim Ingle, District 4 TEXAS Mary Ward, District 5 B/u�Skir�,.Cr�/de�O��ot'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, July 3, 2012 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Charlie Thomason, Pastor Faith Village Church of Christ (b) Pledge Of Allegiance 3. Presentation: Employee of the Month - Jorge Luis Luna Morelos, Transfer Station 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 19, 2012 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Receive Minutes (a) 4B Sales Tax Board, March 27, 2012 (b) Wichita Falls-Wichita County Public Health Board, April 27, 2012 (c) Planning & Zoning Commission, May 9, 2012 (d) Traffic Safety Commission, April 4, 2012 (e) Traffic Safety Commission, May 2, 2012 (f) Wichita Falls Economic Development Corp.,(4A), June 4, 2012 (g) Landmark Commission, May 22, 2012 REGULAR AGENDA 7. Ordinance Waiving Section 94-319(a) Of The Code Of #91 Ordinances of the City of Wichita Falls, And Changing The Block Range Of Lee Street Between 2"d Street And 3rd Street From The 200 Block Range To The 100 Block Range 8. Resolutions (a) Resolution Supporting An Application To The 4B Sales #92 Tax Board For Additional Funding For The Previously Approved Lake Wichita Shore Improvements In The Amount Of$23,000 (b) Resolution Approving Change Order No. 1 To The #93 Seymour Highway / Barnett Road Hike And Bike Trail Project, CSJ: 0903-03-099, STP 2011(235) TE, To Luz Lerma Construction Incorporated (c) Resolution To Award Contract For The 2012 BUIP - #94 Sanitary Sewer Rehabilitation Project (CWF12-550-14) To Insituform Technologies, Inc. in the estimated amount of $789,762.50 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 economic development projects). (b) 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, directors of the Wichita Falls Economic Development Corporation). CITY COUNCIL AGENDA PAGE 2 OF 3 (c) 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 issues involving manufacturing). 11. Pre-Budget Workshop 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. 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. 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 3OF3