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Min 03/01/2011 202 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 1, 2011 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 Linda Ammons - Councilors Michael Smith - Rick Hatcher - 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 Rick Hatcher, District 3, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Lindsey Greer, Convention &Visitors Bureau Executive Director, informed that their"Holiday in the Falls" Mixed Media received Silver, 2nd Place, in the American Advertising Federation Addy Awards. Item 3b Lou Franklin, Wichita County/Wichita Falls Public Health Director, informed that their"Be a Flu Fighter' Cinema In-Theater Spots received Silver, 2nd Place, in the American Advertising Federation Addy Awards. Item 3c Carla Bolin, Chamber of Commerce & Industry Marketing Vice President, informed that their"Blue Skies. Golden Opportunities" Mixed-Media received Gold, 1 st Place; TV Campaign received Gold, 1st Place; Outdoor Billboard received Silver, 2nd Place; Local TV Spot received Silver, 2nd Place; and Mixed Media received Judges Award Gold, 1st Place. 203 Item 3d Karen Montgomery, Coordinator for the Wichita Falls 2010 Census Complete Count Committee, recognized the Wichita Falls 2010 Census Complete Count Committee and expressed appreciation to all the volunteers, citizens of Wichita Falls for filling out the forms and returning them. The official population is 104,553. She recognized the Committee for their dedication and work to attain that number. Certificates of Appreciation were presented to the 34 members of 2010 Census Complete Count Committee. Item 3e Mayor recognized Fire Equipment Operator Carson "Corky" Scarbrough, Fire Department, as Employee of the Month March 2011. Mayor presented Carson "Corky" Scarbrough with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 4 No one signed up to speak under Public Comments Item 5 Minutes of the February 15, 2011 Council meeting were approved as distributed. Items 6a-6e 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 Ammons and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 6a-6e Minutes of the following boards and commissions were received. a) Wichita Falls Economic Development Corp., September 13, 2010 b) Civil Service Commission, January 5, 2011 c) Planning &Zoning Commission, January 12, 2011 d) Landmark Commission, November 5, 2010 e) Landmark Commission, November 23, 2010 Item 7a RESOLUTION NO. 16-2011 Resolution Awarding Bid for the Beverly Basin Drainage Improvements Project (CWF08-552-12) to Cothran Construction, in the amount of$1,292,755.64 Moved by Councilor Roberts-Burns that Resolution No. 16-2011 be approved. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None 204 Item 7b RESOLUTION NO. 17-2011 Resolution Authorizing The Purchase of Two Mack LEU613 Trucks with Automated Side Load Sanitation Bodies through TXMAS from Bruckner's Truck Sales In The Amount Of$468,839.80. Moved by Councilor Ammons that Resolution No. 17-2011 be approved. Motion seconded by Councilor Ward. Representatives from Bruckner's Truck Sales and Heil of Texas presented reasons for purchase from their specific company. Moved by Councilor Hatcher to amend the original motion by adopting Option 1 which would authorize the purchase of two Mack LEU613 trucks with automated side load sanitation bodies through TXMAS from Bruckner's Truck sales in the amount of$468,839.80. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and Ward Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and Ward Nays: None Item 7c RESOLUTION NO. 18-2011 Resolution Awarding Bids For Demolition, Clearing, And Cleaning Of 34 Structures To A & A Construction In The Total Amount Of $28,232.00; Mote Inc. In The Total Amount Of $21,795.00; Wilson Contracting In The Total Amount Of $34,720.00; Mitchell Enterprises In The Total Amount Of $13,612.50; And Weakley's Dozer Service In The Total Amount Of$5,500.00. Moved by Councilor Roberts-Burns that Resolution No. 18-2011 be approved. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 8a Lydia Ozuna, City Clerk, provided information on the upcoming May 14, 2010 Election, giving candidate filing information and access via the City's website, as well as the filing deadline date of March 14, 2011. Lindsey Greer, Convention Visitors' Bureau Executive Director, provided an update on Convention Visitors' Bureau events, as well as on tourism and how they advertise/promote the events held in our City. 205 Item 8b Council members brought up the following matters. Councilor Ammons: 1) Asked if tourism venues such as Riverbend Nature Works, are tracked to determine what the most active tourism spot in Wichita Falls is. Ms. Greer informed that they do for Castaway Cove and tours. City Manager commented that we do not, except for the water park, but we can begin to ask for progress reports from those entities such as museums, Riverbend, etc.; it is a good piece of information. 2) Asked if Police Department's published statistic reports include the Sheriff's Department's crime statistics. Police Chief informed that those are not combined; we only publish the City's; however the FBI publishes annual stats which include sheriff and city reports. Crimes are drug-related. Councilor Ingle: 1) Attended a Carter Aviation meeting and they are the only one of their kind; he mentioned that they want an airport. The entire community and County could get behind this. Carter Aviation is an outstanding company; I would like to do everything to keep them here. Councilor Hatcher: 1) Town Hall Meeting March 8 at 7 p.m. at Cunningham School Councilor Smith: 1) Thanked the Census 2010 Committee for their work and we need to think about the importance that number, 104,553, gives our City; the Committee's work helped push the City above the 100,000 population. 2) Requested a progress report in about six months from David Lehfeldt and John Burrus on how the side loader equipment is working. 3) Requested a follow-up demolition report on what has occurred on the demolition of hazardous structures, especially on those that Council authorized time extensions. 4) Regarding the numbers of visitors to the museums, most keep a count on their "sign-in" sheets; there is information out there. 5) Referred to spaying and neutering ordinances; there is a need and there are several bills being considered by legislators; also laws on chaining, in particular dogs. He encouraged citizens to keep up with that by going to Texas House and/or Senate websites to see all the bills being registered, in particular in these two areas. Councilor Ward: 1) Dallas attorney has client who inherited a parcel of land across from SAFB that is empty and is being used by people to dump trash and it has become an eyesore; she asked that this be checked by the staff and take the opportunity to beautify that area. 2) Expressed appreciation for prompt action by City staff regarding trees over the roadway. Melissa in Code checked it out on the same day and responded to her. I cannot say enough about our staff; we need to let them know how much we appreciate them. Councilor Roberts-Burns: 1) Home & Garden Show was excellent, and MPEC did a great job working with the people. Mayor Barham: 1) Recognized Faith Refuge that raised $3.2 million in nine months to build a new facility on Hatton Road for battered women, drug abuse, homeless women with kids. Fund raisers will continue. Ground breaking will be in May and expect to move in February 2012. Congratulations to that group. 2) Information on the City of Wichita Falls portal, contact Carla Bolin at the Chamber of Commerce; good portal access to what is going on in Wichita Falls as well as links to the Chamber, Convention Visitors' Bureau, and City of Wichita Falls.(www.choosewichitafalls.com) 3) State law allows left turns on red from one way to one way; after stopping; intersection at 5th and Holliday by Arby's qualifies; proceed left on red after stopping. Item 9 City Council went into Executive Session at 10:27 a.m. in accordance with Texas Government Code Section 551.071. City Council reconvened at 11:39 a.m. Mayor announced that no votes or polls were taken during Executive Session. 206 City Council adjourned at 11:41 a. m. PASSED AND APPROVED this 5 day of 2011. 6a-,t�, MAYOR ATTEST: L a Ozuna City of Wichita Falls City Council Agenda Glenn Barham, Mayor Linda Ammons, Councilor At Large Michael Smith, District 1 ~� Dorothy Roberts-Burns, Mayor Pro Tem Rick Hatcher, District 3 ' I.L (lS or A Tim Ingle District 4 T e x A s Mary Ward, District 5 , S/ts��Ski�`i.Lt�lde�tOyyet'tun��ir,,. 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 1, 2011 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Reverend Kenny Dickson, Pastor Floral Heights United Methodist Church (b) Pledge Of Allegiance 3. Presentations Presentation of American Advertising Federation Addy Awards: (a) "Holiday in the Falls", Wichita Falls Convention & Visitors Bureau, Silver 2nd Place Mixed Media (b) "Be a Flu Fighter", Wichita County/Wichita Falls Public Health Department, Silver 2nd Place Cinema In-Theater Spots (c) "Blue Skies. Golden Opportunities", Wichita Falls Chamber of Commerce & Industry, Gold 1st Place Mixed-Media, Gold 1st Place TV Campaign, Silver 2nd Place Outdoor Billboard, Silver 2nd Place Local TV Spot, Judges Award Gold First Place Mixed Media (d) Recognition of Wichita Falls Census 2010 Committee (e) Employee of the Month - Carson Scarbrough, Fire Department 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 February 15, 2011 Regular Meeting Of The Mayor And City Council City Council Agenda Tuesday, March 1, 2011 Page 2 CONSENT AGENDA 6. Receive Minutes (a) Wichita Falls Economic Development Corp., September 13, 2010 (b) Civil Service Commission, January 5, 2011 (c) Planning & Zoning Commission, January 12, 2011 (d) Landmark Commission, November 5, 2010 (e) Landmark Commission, November 23, 2010 REGULAR AGENDA 7. Resolutions (a) Resolution Awarding The Bid For The Beverly Basin #33 Drainage Improvements Project (CWF08-552-12) To Cothran Construction, In The Amount Of$1,292,755.64 (b) Resolution Authorizing The Purchase of Two Mack #34 LEU613 Trucks With Automated Side Load Sanitation Bodies Through TXMAS From Bruckner's Truck Sales In The Amount Of $468,839.80; Or Two Mack LEU613 Trucks Through Buyboard From Grande Truck Center In The Amount Of $251,966 With Automated Side Load Bodies From Heil Of Texas In The Amount Of $200,430 (Total=$453,296) (c) Resolution Awarding Bids For Demolition, Clearing, And #35 Cleaning Of 34 Structures To A & A Construction In The Total Amount Of $28,232.00, Mote Inc. In The Total Amount Of $21,795.00, Wilson Contracting In The Total Amount Of $34,720.00, Mitchell Enterprises In The Total Amount Of $13,612.50, And Weakley's Dozer Service In The Total Amount Of$5,500.00 8. Other Council Matters (a) Staff Council Discussion • CVB Update (b) Discussion Of Items Of Concern To Members Of The City Council. 9. 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 Wichita City Council Agenda Tuesday, March 1, 2011 Page 3 Falls Code of Ordinances § 78-150, Zarnow v City of Wichita Falls, et al., and MW Builders v. City of Wichita Falls, et al.). 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 2011 at o'clock (a.m.)(p.m.). City Clerk