Loading...
Min 11/15/2005 663 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 15, 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 Tem Jim Ginnings - Councilors Linda Ammons Dorothy Roberts-Burns - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Michael Norrie - Absent Mayor called the meeting to order. Item 2a Pastor Harvey McMurry, City View Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 There were no presentations at this meeting. Item 4 Joy Parsons, 4723 Augusta, spoke in support of the USA Patriot Act. I value the fact that this city remains a community and one reason, in my opinion, is because of the trust and confidence we have in our law enforcement. By in large we are partners with our police force. As such, we should pay attention to the fact that the hands of local governments have been trumped in some occasions by the Joint Terrorism Task Force. JTTF, the product of the Patriot Act is a law enforcement unit that uses an inter-agency approach to alleged terrorism. In such units federal and local police cooperate at the discretion of the FBI, and there is the rub. The local police officer who is working with the task force is deputized as a JTTF officer and is the responsibility of the FBI. As the City of Portland, Oregon discovered, the City Attorney's staff had no legal oversight of the police officers' participation in the task force. The results were a serious lack of local oversight and community accountability. This reframing of the primary responsibilities of a local police officer is troubling. Our police function and we pay them to keep the peace, vis-a-vis criminal activity. The members of the task force serve to spy on domestic groups even when there is no evidence of wrongdoing. In addition, the activities of the Joint Terrorism Task Force are secret; the FBI work is secret. Do we really want our police officers engaged in such secrecy? This troubling development in our community in conjunction with the issuance of thousands of national security letters across the land have caused me to realize in you how precious our balance of powers is under the banner of democracy. Perhaps never before has the governance of cities been more 664 Item 4 continued important. Thank you for your public service and for your attention to this serious consequence of the USA Patriot Act Liz Talbert, 6217 Kovarik Road, spoke in support of a Resolution passed by the City Council PTA, regarding residences of registered sex offenders. Mrs. Talbert is the School Board liaison to the City Council Parent Teacher Association of Wichita Falls. She asked Council to pass a similar resolution creating a safety zone around our schools and setting some boundaries for child sex offenders. She asked that a child safety zone be created so that future consideration of residences by child sex offenders will not include places in the immediate vicinity of schools, churches, and childcare facilities. Councilor Ginnings asked Mrs. Parsons what event has to take place before the authority of the Federal Government becomes imposed over local authority as you have described with respect to the Police? Mrs. Parsons replied that she did not know but would be happy to research that and get back with him. Councilor Ginnings commented that in connection with that if an event occurs, then there has to be some enabling legislation that triggers that. Councilor Ginnings asked Mrs. Talbert if she was saying that present law does not establish a safe zone but that the cities are enabled to do that on their own? Mrs. Talbert replied that she assumed that the City has the opportunity if it does not adversely affect the State statutes to pass an ordinance that would deal with the proximity of residences of registered sex offenders. Councilor Ginnings understood that the City Council PTA was going to be asking the Council to enact an ordinance that would establish this zone and that would not conflict with anything in State law. Mrs. Talbert clarified that in terms of communities "one size fits all" may not be the best way to handle this kind of legislation. Wichita Falls can decide how big a buffer zone they would like to create and what areas they would like to protect. The State initially had it under proposed legislation, H.B. 977, at 1000 feet, and through committee it was increased to 1500 feet, which seems a comfortable space, but I leave that up to the Council's wisdom. City Attorney informed that staff is looking at those issues in terms of legality and in terms of distance separation and will be coming back to the Council sometime in December with some kind of recommendations. Councilor Ginnings stated that he personally would be opposed to this grandfather provision and asked if Council would be precluded by virtue of State law from overriding that with an ordinance? City Attorney replied that not to grandfather somebody would be problematic and in those other ordinances we have seen grandfather provisions have been included. The proposed legislation that was discussed this last session did have grandfather language in it and our recommendation would be to have a grandfather provision for those people who currently reside in a district or zone that you are intending to outlaw or prohibit. Councilor Ginnings commented that if we did not follow Legal's recommendation we would have to decide that in Court. City Attorney concurred. He informed that there are different buffers for drugs, guns, and other things but there is no buffer for the schools in relation to sex offenders. Councilor Ammons stated that she has the same feeling as Councilor Ginnings, and asked what was being grandfathered, the house or the person. City Attorney replied that you would be grandfathering the individual, and once that person left that buffer zone they would be precluded from moving back on a permanent basis. Item 5 The Minutes were approved as distributed. Items 6-7e City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns 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, Gonzalez, and Elmore Nays: None 665 Item 6 RESOLUTION NO.154 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TORO GROUNDSMASTER MOWERS THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM FROM PROFESSIONAL TURF PRODUCTS, IN THE AMOUNT OF $101,042.00; 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. Wichita Falls-Wichita County Public Health Board —July 27, 2005 b. MPO Transportation Policy Committee —July 27, 2005 c. Library Advisory Board —September 27, 2005 d. Park Board —September 29, 2005 e. Wichita Falls Traffic Safety Commission —October 5, 2005 Item 8a ORDINANCE NO. 91-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DENYING ATMOS ENERGY CORP., MID-TEX DIVISION'S REQUEST FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM RATE ADJUSTMENT; DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ginnings that Ordinance No. 91-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore, Nays: None Item 8b ORDINANCE NO. 92-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 94 OF THE CODE OF ORDINANCES BY THE AMENDMENT OF SECTION 94-15, MOTOR ASSISTED SCOOTERS, AND THE ADDITION OF SECTION 94-16, POCKET BIKE OR MINIMOTORBIKE; PROVIDING FOR INCLUSION IN THE CODE; 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. 92-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None 666 Item 9a RESOLUTION NO. 155-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A LANDFILL COMPACTOR TO WARREN CAT IN THE AMOUNT OF $709,903.00; 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. 155-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 9b RESOLUTION NO. 156-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF SPRING FLOWERS TO WHITECOTTON GREENHOUSE IN THE AMOUNT OF $28,761.66; 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. 156-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 9c RESOLUTION NO. 157-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING THE ROUTE OF THE MAPLEWOOD EXTENSION IN ACCORDANCE WITH THE CITY'S THOROUGHFARE PLAN; 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. 157-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons Roberts-Burns, Gonzalez, and Elmore Nays: None City Council recessed at 9:40 a.m. and reconvened at 10:00 a.m. 667 Item 9d RESOLUTION NO. 158-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 3 TO THE MEMBRANE FACILITY PROJECT (CWF 03-544-16) IN THE AMOUNT OF $89,115.00; 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. 158-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 9e RESOLUTION NO. 159-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 TO THE YARD PIPING - PHASE I PROJECT (CWF 03-544-23) AT CYPRESS WATER TREATMENT PLANT IN THE AMOUNT OF $21,004.00; 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. 159-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 9f RESOLUTION NO. 160-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 TO THE FLOW CONTROL VAULT, SLUDGE PUMP STATION #3, AND BRINE PUMP STATION PROJECT (CWF 04-544-03) IN THE AMOUNT OF $36,787.00; 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. 160-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 9 RESOLUTION NO. 161-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN EXPENDITURE BY THE WICHITA FALLS POLICE DEPARTMENT FROM THE SEIZED FUNDS ACCOUNT FOR A ONE-TIME EXPENDITURE OF $21,962.83; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 668 Item 9g continued Moved by Councilor Ammons that Resolution No. 161-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 10a Mr. Dave Clark informed that the Texas Downtown Association named the Holt Hotel the 2005 Best Rehabilitation. He offered City Council a tour of the Holt Hotel. He noted the public involvement of the community in this project in raising $700,000. This is something that we should be very proud of. Item 10b Councilor Roberts-Burns thanked Mr. John Burrus for attending her District meeting and providing answers to questions posed by the citizens. Councilor Elmore mentioned the MPO road projects in relation to Puckett Road and asked when that project was going to be constructed. Mr. Scott Taylor replied that there is no time schedule. It is a project that is on the City's list of projects that need to be done. Councilor Elmore thanked Mr. John Burrus for attending his District meeting and all the help he has provided in lights, signs, etc. Councilor Elmore wished his friend Jean a speedy recovery. Councilor Ginnings asked if we were going to have an agenda item to add a non- government person to our Employee Benefit Trust Insurance sub-committee. City Attorney informed that the Employee Benefit Trust Board met and recommends an appointment to that Board. The Board's recommendation was that it be someone from the health insurance field or health care insurance area. It will be on the agenda after Council instructs the Board as to their appointment. Councilor Ginnings asked when the lift pump station would be bid. Mr. Scott Taylor replied that it would be bid within two months. _ Councilor Gonzalez asked about restroom facilities in closer proximity of the mountain at Lake Wichita Park. Mr. Jack Murphy replied that he had put $100,000 in the budget for that but it was not approved. Councilor Gonzalez announced that the City is working to repair all the streetlights that need attention and they are making great progress. He asked staff to provide a number and information for citizens to call in these types of needs. Mr. Burrus stated that he would prepare a press release to better respond to the streetlight issues. Councilor Ammons referred to alley dumpsters and stated that citizens felt they were being discriminated because of the higher cost of alley dumpsters versus rollout bins. Mr. Taylor assured her that they were not being discriminated. It is more costly to handle dumpster trash than rollout bin trash so it costs more. Councilor Ammons commented that we are still asking people that have alley dumpsters to pay more because of the maintenance of the alleys. Mr. Taylor concurred and added that it is also because of the tonnage of the trash. Councilor Ammons mentioned an article in the Dallas newspaper about snakes coming up through the toilets and asked about that. Mr. Taylor replied that he had never seen a snake in the sewer system and have never had a report of snakes in the sewer system. Councilor Ammons asked if MH Builders was local. Mr. Taylor replied that it is a national company and they have a base in Temple. Councilor Ammons asked if they made the submersible pumps specifically for us. Mr. Taylor replied that they did not. 669 Item 10b continued Mayor Lyne thanked Mr. Dave Clark for reminding him about the Lake Wichita Committee. Mayor appointed Councilors Ammons and Gonzalez to the Lake Wichita Committee. Mayor Lyne informed that the preliminary Charter revisions would be presented at the December 6, 2005 Council meeting. He thanked the committee for their work. Mayor Lyne expressed appreciation to those who attended the ground breaking of the "Falls Flyover. It is a great step for Wichita Falls. For many years we have been involved in that with the State and County. It will make a huge difference in our City. Mayor Lyne stated that the town hall meetings have gone very well and he expressed appreciation to the citizens and Staff who have attended. It adds so much more when citizens can ask staff questions at those meetings. He stated that we would continue to have those meetings. Mayor Lyne informed that we do not have the staff to be out patrolling for violations or needs. We are complaint driven. Mayor Lyne informed that they had had a meeting of employee's benefits and he expressed appreciation to Mrs. Jackie Spraggins and Lisa Gunnell for being involved in that. They have done a great job and will save the City and employees money as well as give the employees more benefits. He thanked everyone for their participation. City Manager informed that there would be a report from the Charter Review Committee and the Employees Benefit Trust Health Insurance Board at the next Council meeting. City Council adjourned 10:45 a. m. PASSED AND APPROVED this day of 2005. ------------------ LAN AM L E MAYOR ATTEST: Lydia Ozuna City Clerk 1 1 1 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, November 15, 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: Pastor Harvey McMurry City View Baptist Church (b) Pledge of Allegiance 3. Presentations: 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 Authorizing The Purchase Of Various Size Toro Mowers Through The Houston-Galveston Area Council Of Governments Cooperative Purchasing Program From Professional Turf Products (Council Bill #256) 7. Receive Minutes (a) Wichita Falls-Wichita County Public Health Board, June 24, 2005 (b) MPO Transportation Policy Committee, July 27 2005 (c) Library Advisory Board, September 27, 2005 (d) Park Board, September 29, 2005 (e) Traffic Safety Commission, October 5, 2005 City Council Agenda Tuesday, November 15, 2005 Page 2 REGULAR AGENDA 8. Ordinances (a) Ordinance Denying Atmos Energy Corp., Mid-Tex Division's Request For An Annual Gas Reliability Infrastructure Program Rate Adjustment(Council Bill #257) (b) Ordinance Amending Chapter 94 Of The Code Of Ordinances By The Amendment Of Section 94-15, Motor Assisted Scooters, And The Addition Of Section 94-16, Pocket Bike Or Minimotorbike (Council Bill #258) 9. Resolutions (a) Resolution Authorizing Award Of Bid For The Purchase Of A Landfill Compactor To Warren Cat In The Amount Of $709,903.00 (Council Bill #259) (b) Resolution Authorizing Award Of Bid For The Purchase Of The City's Annual Spring Flowers (Council Bill #260) (c) Resolution Determining A Route For The Maplewood Extension In Accordance With The City's Thoroughfare Plan (Council Bill #261) (d) Resolution To Approve Change Order No. 3 For The Membrane Facility Project (CWF03-544-16) Of $89,115.00 (Council Bill #262) (e) Resolution To Approve Change Order No. 1 For The Yard Piping — Phase I Project (CWF 03-544-23) Of $21 ,004.00 (Council Bill #263) (f) Resolution To Approve Change Order No. 1 For The Flow Control Vault, Sludge Pump Station #3 & Brine Pump Station Project (CWF 04-544-03) Of $36,787.00 (Council Bill #264) (g) Resolution Authorizing Expenditure By The City of Wichita Falls Police Department From The Seized Funds Account In The Amount Of $21 ,962.83 For The Procurement Of Various Items Not Included In The FY 2005 / 2006 General Fund Budget (Council Bill #265) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Adjourn City Council Agenda Tuesday, November 15, 2005 Page 3 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 , 20 at o'clock (a.m.)(p.m.). City Clerk