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Min 09/06/2005 617 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 6, 2005 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: Lanham Lyne - Mayor Ray Gonzalez - Mayor Pro Tern Jim Ginnings - Councilors Linda Ammons - Dorothy Roberts-Burns - Michael Norrie - Charles Elmore - Darron Leiker - Interim City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Deacon Anastacio Perez, Our Lady of Guadalupe Catholic Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mr. Joe Raub, Fire Fighter, Fire Department, was recognized as employee of the month for September 2005. Mayor presented Mr. Raub with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Item 3b Mayor proclaimed September 11, 2005 as "Patriots' Day in Wichita Falls" and encouraged citizens to display the American flag at half-staff at their homes and their businesses on September 11. Col. Marcie Rossi, SAFB, Fire Chief Foster and Police Chief Deputy Arnold accepted proclamations for each entity represented. Item 4 Tom McCorkill, 4907 Kitty Street, representing the Wichita Falls Professional Baseball Booster's Club, presented an update. Charles Byars, 4217 Meadowbrook, spoke in support of hiring Darron Leiker as City Manager; taking action immediately to give City employees quality health; giving the employees 618 Item 4 continued below administration level a good pay raise (6%-10%); and a full time Emergency Coordinator and Assistant. He feels none of these actions require consultants, but will necessitate a tax increase. Gary Goodin, 3207 Seymour Road referred to the property at 2001 Harriet Street and the numerous extensions that council has given to rehab this property and nothing has been done to date. He asked Council to do something about this property that is not re-habitable. Mr. Dave Clark and Mr. Bobby Teague will look into this and provide Council with a report and Staff or Council will get back with Mr. Goodin. Tony Brumbelow, representing Union Square Federal Credit Union, owner of the property, stated that they would look at the situation and if it cannot be refurbished they would demolish it. Mayor directed that he coordinate with Mr. Clark and Councilor Ammons. Item 5 The Minutes of August 16 and August 23 were approved as distributed. Councilor Gonzalez made the following clarification to August 16 minutes, Item 11 b, Page 611, addressing the Training Center: The reference "to the people in charge" was not the City Council but the then persons in charge of those departments, the previous city manager, police chief, and personnel director, not the City Council. Items 6-7e Interim City Manager gave a briefing on the items 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 Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 6 RESOLUTION NO. 114-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE 2004 STREET REHABILITATION PROJECT, CWF04- 100-18 AND AUTHORIZE FINAL PAYMENT TO ALL-TEX PAVING, INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7e Minutes of the following board and commission meetings were received. a. Zoning Board of Adjustment—April 20, 2005 b. Zoning Board of Adjustment— May 18, 2005 c. Library Advisory Board — May 24, 2005 d. 4B Sales Tax Corporation — June 17, 2005 e. Park Board —June 23, 2005 Item 8 A public hearing was held on the proposed Property Tax Rate for the 2005-06 Fiscal Year. Mayor declared the public hearing open. Mr. Jim Dockery informed that this was the first of two required public hearings. This is an opportunity for the public to make comments about the tax rate. 619 Item 8a continued David Brock, 1819 Hines commended the Council for not increasing the taxes like the other taxing entities. He thanked Council for their fiscal responsibility in not raising taxes. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 66 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM; MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $95,610.00; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH CO-APPLICANT, WICHITA COUNTY, AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH GRANT ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Ordinance No. 66-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie,Gonzalez, and Elmore Nays: None Item 9b ORDINANCE NO. 67 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS FOR TOBACCO COMPLIANCE, AWARDED BY THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS; MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $5,000; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Ordinance No.67-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9c A proposed ordinance was presented to rezone 2803 Montgomery Place, Lot 2, Block 75, Faith Village Unit III, and 3184 square feet of adjacent Montgomery Place Street right-of-way from Single Family-2 to Limited Commercial, and amending the Land Use Plan. Moved by Councilor Elmore that proposed ordinance be passed. Motion seconded by Councilor Gonzalez. 620 Item 9c continued Mr. Dave Clark provided details of this request. The applicant has a commercial lot to the east of this property (4408 Kemp) and they plan to use the backyard of the residence for additional parking to serve their commercial development. If rezoned, Staff has recommended including a part of Montgomery Street right-of-way in order to simplify the new district boundary. He noted that if rezoned this property could be used for any purpose allowed in a Limited Commercial District. He informed that the Planning & Zoning Commission voted to disapprove this request. The following property owners spoke against this proposed ordinance: Margaret Stewart, 2805 Montgomery Place, and Eloise Majewski, 2806 Montgomery Phuong Khong, 2803 Montgomery Place, applicant, spoke in favor of this proposed ordinance. Discussed ensued regarding the various possible uses and neighborhood concerns. City Attorney informed that it would take four-fifths Council vote to pass this proposed ordinance. Motion failed by the following vote. Ayes: None Nays: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore City Council recessed at 9:50 a.m. and reconvened at 10:05 a.m. Item 9d ORDINANCE NO. 68-2005 ORDINANCE ANNEXING APPROXIMATELY 62.4 ACRES OF LAND IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF SOUTHWEST PARKWAY AND GREGG ROAD AND ADOPTING A SERVICE PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Roberts-Burns that Ordinance No. 68-2005 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10a RESOLUTION NO. 115-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE FISCAL YEAR 2005-2006 ANNUAL BUDGET OF THE WICHITA FALLS 4B SALES TAX CORPORATION; 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. 115-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore 621 Item 10a continued Nays: None Item 10b RESOLUTION NO. 116 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR WINDTHORST ROAD IMPROVEMENT PROJECT, CWF05-100-27; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No.116 -2005 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10c RESOLUTION NO. 117-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO REJECT BID FOR SCOTLAND SANITARY SEWER IMPROVEMENT PROJECT, CWF05-550-21; 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.117 -2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10d RESOLUTION NO. 118-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REJECTING THE BID FOR THE KICKAPOO DOWNTOWN AIRPARK HANGAR AREA PROJECT (CWF 05-24); 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. 118-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 622 Item 10e RESOLUTION NO. 119-2005 RESOLUTION AUTHORIZING THE ADOPTION OF A TEMPORARY RATE INCREASE FOR TAXICAB SERVICES DUE TO UNUSUAL GASOLINE PRICES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ginnings that Resolution No. 119-2005 be passed. Motion seconded by Councilor Gonzalez. Jody Wade, 7712 Highway 79, owner of Presidential Taxi Cab spoke in favor of this proposed resolution noting that the last fuel surcharge was in 2000 and after the allowed time frame it went back to the regular 1996 rate. He mentioned that the last rate increase was in 1996. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 11 a Councilor Ammons asked for an update on the limousines that were operating without a permit. City Clerk informed that she had sent out certified letters to the limousine companies notifying them that if they were operating in the City that they were in violation of the City Code and must comply. Only one letter was returned, but none of the limousine owners have applied for a franchise. This information was provided to the Police Department and the City Clerk discussed the situation with Chief Bachman to see what they could do regarding the situation. Chief Bachman informed that they are looking into the situation. Councilor Ammons asked if staff was taking steps to address the 30-ft. set back at Kemp and Lawrence Road. Mr. Clark informed that it was going to be on the next Planning & Zoning Commission agenda. Councilor Gonzalez asked that staff look into ways to alleviate the problem of persons blowing the grass clippings into the streets. Councilor Norrie commented that the City needed to check itself first in regards to blowing grass clippings into the streets. Councilor Norrie asked about the status of the evacuees from Louisiana. Interim City Manager provided an update. We have met with lead agencies on this effort, but I have not received word that we will be receiving a certain number of people. Mayor Lyne informed on what the City and County have been doing. Councilor Ginnings referred to the final payment to All-Tex and asked if staff was aware any unpaid bills or claims against this company. Mr. Scott Taylor replied that two-three weeks after the project was completed the bonding company requested that all checks be sent to the bonding company. I do not think there are any subcontractors that have not been paid and the City withheld $400 for a City repair. We believe everybody has been paid. Councilor Ginnings asked for the status of curb and gutter review. Interim City Manager replied that the next step would be to involve a Council subcommittee to work on that. I will work with the Mayor to appoint that committee Councilor Ginnings stated that a citizen had been asking about a senior's tax freeze, so he asked the Interim City Manager to review for the public what tax abatements were available to seniors and any we are not availing ourselves of. Interim City manager replied that there is tax a homestead tax exemption offered to seniors and disabled. There is an additional tax abatement that the City Council could offer to seniors and handicap but we choose not to do that. Councilor Ginnings asked the Interim city Manager to expound on this abatement that we do not offer. Interim City Manager explained that we would have to look at the law but, you can freeze the 623 Item 11 a continued evaluation of property where their taxes, as well as the rate, that they pay is frozen. Then you would have to redistribute liability to everyone else. Councilor Ginnings commented that that would be pretty hard to do. I am glad to know that and I think the public needs to know what kind of a measure that would be. Interim City Manager informed that staff has figures as to what impact that would have in the future and it is significant. Councilor Elmore thanked the folks of District 5. There has been a pretty reasonable turnout for Early Voting. He encouraged everyone to get out and vote. Councilor Roberts-Burns received calls from citizens asking for funeral police escorts. She wants to have that reconsidered. Mayor Lyne said that they could look at that. Interim City Manager said they would put a staff report for Council on that. Councilor Ginnings asked for clarification on what the City Attorney wanted from Council in reference to property liens. City Attorney replied that they are asking for Council direction. He mentioned that they are going to discuss this with the title companies. Councilor Ginnings asked that he provide Council with complete background to make them aware of that. Councilor Elmore asked if there was an issue with the State as to what we can and cannot do? City Attorney informed that there is an issue to waive liens. You are prohibited from doing that. We wanted to get with the title companies and see how this will be handled. Item 11 b City Council went into Executive Session at 10:55 a . m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 1:10 p. m. Mayor announced that no action or votes were taken during Executive Session. Item 12 RESOLUTION NO. 120—2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING A CITY MANAGER FOR THE CITY OF WICHITA FALLS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Gonzalez that Resolution No.120 —2005 be passed by inserting Darron Leiker's name in the blank as the City Manager for the City of Wichita Falls. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None City Manager Leiker expressed appreciation to the Council for this appointment. He said he was ready and looking forward to working with the Council. He expressed appreciation to the employees and directors. He looks forward to working with the employees because they are the ones who do the work. We are fortunate to have these type of employees. This is an admirable business and local government is where the rubber meets the road. We are here to serve you and work with you. Feel free to stop by; my office is always open. We will have great things to come. 624 City Council adjourned at 1:20 p. m. PASSED AND APPROVED this day of 2005. LANHAM 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, September 6, 2005, 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: Father Hector Medina Our Lady of Guadalupe Catholic Church (b) Pledge of Allegiance 3. Presentations (a) Employee Of The Month - Joe Raub (b) City of Wichita Falls Patriot Day 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 CONSENT AGENDA 6. Resolution To Accept The 2004 Street Rehabilitation Project CWF04- 100-18, And Authorize Final Payment To All-Tex Paving, Inc. (Council Bill #185) 7. Receive Minutes (a) Zoning Board of Adjustment, April 20, 2005 (b) Zoning Board of Adjustment, May 18, 2005 City Council Agenda Tuesday, September 6, 2005 Page 2 Library Advisory Board, May 24, 2005 (d) 4B Sales Tax Corporation, June 17, 2005 (e) Park Board, June 23, 2005 REGULAR AGENDA 8. Public Hearing On Proposed Property Tax Rate For The 2005-06 Fiscal Year. 9. Ordinances (a) Ordinance Accepting Grant Funds Received From The Edward Byrne Memorial Justice Assistance Grant Program; Making An Appropriation In The Special Revenue Fund In The Amount Of $95,610.00; Authorizing The City Manager To Execute An Interlocal Agreement With Co-Applicant, Wichita County, And All Other Documents Necessary To Accomplish Grant Acceptance. (Council Bill #186) (b) Ordinance Accepting Grant Funds For Tobacco Compliance, Awarded By The Texas Comptroller Of Public Accounts; Making An Appropriation In The Special Revenue Fund In The Amount Of $5,000. (Council Bill #187) (c) Ordinance Rezoning 2803 Montgomery Place, Lot 2, Block 75, Faith Village Unit III, And 3184 Square Feet Of Adjacent Montgomery Place Street Right-Of-Way From Single Family-2 To Limited Commercial, And Amending The Land Use Plan. (Council Bill #188) (d) Ordinance Annexing Approximately 62.4 Acres Of Land In The Southwest Quadrant Of The Intersection Of Southwest Parkway And Gregg Road And Adopting A Service Plan. (Council Bill #189) 10. Resolutions (a) A Resolution Approving The Fiscal Year 2005-2006 Annual Budget Of The Wichita Falls 4B Sales Tax Corporation. (Council Bill #190) (b) Resolution To Award Bid And Contract For Windthorst Road Improvement Project, CWF05-100-27. (Council Bill #191 ) City Council Agenda Tuesday, September 6, 2005 Page 3 (c) Resolution To Reject The Bid For Scotland Sanitary Sewer Improvement Project, Phase IV CWF05-550-21. (Council Bill #192) (d) Resolution To Reject The Bid For The Kickapoo Downtown Airpark Hangar Area Project (CWF 05-24). (Council Bill #193) (e) Resolution Authorizing The Adoption Of A Temporary Rate Increase For Taxicab Services Due To Unusual Gasoline Prices. (Council Bill #194) 11. Other Council Matters (a) Discussion Of Items Of Concern To Members Of The City Council. (b) Executive Session 1 . Economic Development Discussions As Authorized By Section 551 .087 Of The Texas Government Code. 2. Evaluation Of The City Council Appointed Officials As Authorized By Section 551.074 Of The Texas Government Code. 3. Consider Applicants for the Position of City Manager, As Authorized By Section 551 .074 Of The Texas Government Code 12. Resolution Of The City Council Of The City Of Wichita Falls, Texas, Appointing A City Manager For The City Of Wichita Falls. (Council Bill #195) 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. 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 City Council Agenda Tuesday, September 6, 2005 Page 4 20 at o'clock (a.m.)(p.m.). City Clerk