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Min 12/06/2005 670 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 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 - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Pastor Reggie Coe, Grace Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 Mrs. Laura Barnes, Library Assistant-Technical Processing, was recognized as employee of the month for December 2005. Mayor presented Mrs. Barnes with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Item 4 Roger Dail, 5001 Diane Drive, expressed concern about the proposed apartment project at the corner of Jacksboro Highway and Southwest Parkway. The Edgemere residents are on the backside of that project and they are concerned with flooding and current sewer and electricity problems and the probability that those problems will be exacerbated by this proposed project. Melissa Plowman, 4911 Andria, expressed concern about the proposed apartment project at the corner of Jacksboro Highway and Southwest Parkway. She mentioned that school overcrowding was a problem with children being directed to other schools. She felt that the cutoff at Jacksboro Highway and Southwest Parkway was a safety issue as well. She stated that infrastructure in that area is not always addressed until it becomes a big problem. Elmer Emory, 4636 Karla, representing the University Kiwanis, gave a presentation on a Lake Wichita Park project for a concession stand and bathroom facility. He stated that the cost would be about $90,000 and the Kiwanis Club would underwrite that project. He provided drawings of the proposed project. 671 Item 5 Mr. Larry Lambert, Charter Review Committee Chair, presented their report to the Council. Also, present were Mrs. Jill King, Mr. Tim Ingle and Mr. David Brock, Charter Review Committee members. Charter Review Committee members expressed appreciation to the City Clerk for all her invaluable contributions to the Committee. Mr. Lambert addressed various sections on Recall, Runoffs, plurality vs. majority, and miscellaneous sections needing revision. A copy of the Charter Review Committee's Final Report is attached hereto as Exhibit A. City Council recessed at 9:35 a.m. and reconvened at 9:50 a.m. Item 6 The Minutes were approved as distributed. Items 7a-b City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Elmore that the Consent Agenda be approved. 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 Minutes of the following board and commission meetings were received. a. Landmark Commission — October 20, 2005 b. Library Advisory Board — October 25, 2005 Item 8 A public hearing was held on a Special Service Vehicle franchise for Terry Baker DBA Prime Time Limo. Mayor declared the public hearing open. City Clerk gave a presentation on this request. She informed that Mr. Terry Baker had contacted her to inform that he would have to be out of town today but his father, Mr. J.W. Baker, would represent him at today's Council meeting. Mr. J.W. Baker provided background on Terry Baker and a brief history on Terry Baker's experience in the limousine business. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 93 -2005 ORDINANCE AUTHORIZING A FRANCHISE FOR SPECIAL SERVICE VEHICLES TO TERRY BAKER DBA PRIME TIME LIMOUSINE; 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. 93-2005 be passed. 672 Item 9a continued 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 9b ORDINANCE NO. 94-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 26, ARTICLE VIII OF THE CODE OF ORDINANCES REGARDING WRECKER BUSINESSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Ordinance No. 94-2005 be passed. Motion seconded by Councilor Gonzalez. City Attorney addressed the proposed changes. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9c ORDINANCE NO.95-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO CERTIFY RESULTS OF THE ELECTION OF THE WICHITA FALLS FIRE DEPARTMENT, AS PROVIDED BY CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT 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. 95-2005 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 9d ORDINANCE NO. 96-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 50-34 OF THE CODE OF ORDINANCES, IDENTIFYING THE CLASSIFICATIONS AND NUMBER OF POSITIONS IN EACH CLASSIFICATION FOR THE WICHITA FALLS FIRE DEPARTMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 96-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. 673 Item 9d continued Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9e ORDINANCE NO. 97-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 70-33 OF THE CODE OF ORDINANCES, IDENTIFYING THE CLASSIFICATIONS AND NUMBER OF POSITIONS IN EACH CLASSIFICATION FOR THE WICHITA FALLS POLICE DEPARTMENT; 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. 97-2005 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 9f ORDINANCE NO. 98 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE EMPLOYEE BENEFIT TRUST AGREEMENT TO ESTABLISH AN ADDITIONAL TRUSTEE POSITION; 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. 98-2005 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 9g ORDINANCE NO. 99-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 4301 CEDAR ELM, BLOCK 2, H-S SUBDIVISION, FROM MULTIFAMILY RESIDENTIAL (MFR) TO LIMITED COMMERCIAL (LC) ZONING AND AMENDING ITS LAND USE PLAN DESIGNATION FROM INSTITUTIONAL TO LIGHT COMMERCIAL; 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. 99-2005 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 674 Item 9h ORDINANCE NO. 100 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 2301 THROUGH 2315 HOLLY DRIVE, 1107 & 1109 23RD STREET, LOTS 10 THOUGH 18, BLOCK 26, P. L. DAVIS SUBDIVISION FROM SINGLE FAMILY-2 RESIDENTIAL (SF-2) TO GENERAL COMMERCIAL (GC) ZONING AND AMENDING THE LAND USE PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL; 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. 100-2005 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 9i ORDINANCE NO. 101-2005 ORDINANCE AMENDING CHAPTER 54 FLOODS, OF THE CODE OF ORDINANCES, TO ADD A DEFINITION OF AN ACCESSORY STRUCTURE, AND TO ALLOW ACCESSORY STRUCTURES TO BE BUILT WITHIN THE 100-YEAR FLOODPLAIN WITHOUT ELEVATING THE FLOOR OF THE STRUCTURE UNDER CERTAIN CONDITIONS; 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. 101-2005 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 90 ORDINANCE NO. 102-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION IN THE HOTEL/MOTEL TAX FUND IN THE AMOUNT OF $5,000 FOR THE FANTASY OF LIGHTS CHRISTMAS PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Ordinance No. 102-2005 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 675 Item 10a RESOLUTION NO. 162-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE MASTER AGREEMENT AND ADVANCED FUNDING AGREEMENTS FOR THE CONSTRUCTION OF NORTHBOUND AND SOUTHBOUND BRIDGES ON MAPLEWOOD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Resolution No.162-2005 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 10b RESOLUTION NO. 163-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AN AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE, L.P. FOR RELOCATION OF TELEPHONE CABLES AFFECTED BY THE FAITH VILLAGE DRAINAGE IMPROVEMENT PROJECT, PHASE 2 AND 3; 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.163-2005 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 10c RESOLUTION NO. 164-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVING CHANGE ORDER NO. 1 TO THE 2005 PUMP REPLACEMENT PROJECT (CWF 05-550-20) IN THE AMOUNT OF $83,380.00; 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. 164-2005 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 676 Item 10d RESOLUTION NO. 165-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS ON BEHALF OF THE CITY OF WICHITA FALLS FOR HEAVY DUTY AND LIGHT DUTY TOW TRUCK SERVICES; 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. 165-2005 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 10e This item was postponed until the December 20, 2005 Council meeting. Item 11 a Dave Clark informed that the rehabilitation of 2007 Harriet should have been completed by now but it is not, however they have made progress. He felt it would take another two months for them to complete this. Mayor stated that Council wishes that the owner complete this project. Item 11(a)(1) Cassie Stennett, City's Health Insurance Agent of Record, and Marvin Traywick, Health Insurance Consultant, gave a review on the 2006 Employee Benefit Health Plan and related activities. A copy of this review is attached hereto as Exhibit B. Item 11 b Councilor Roberts-Burns announced that the Lynwood Addition meeting would be held on Thursday December 8 at 7:00 p.m. Councilor Elmore informed that his District 5 town hall meetings would be cancelled during December due to the holidays and would resume again in January. Councilor Elmore asked about the timeframe to move the utilities on Loop 11. Mr. Scott Taylor informed that TXDOT was responsible for that and the City's utilities will be moved once TXDOT contacts us as to what needs to be done. Councilor Elmore requested more information on the cost to move the Arizona Street versus Avenue Z in the Maplewood extension project. He did not see where the Barwise tennis courts were in jeopardy if Arizona were used. He wanted to know what the drainage plans were. Mr. Scott Taylor and the City Manager will meet with Councilor Elmore to outline the costs and other related information. Councilor Ginnings complimented the staff on their approach to City problems. He commented that a positive atmosphere is felt out there. City Manager commented that the praise goes out to the Staff and the employees. They are doing a good job. Councilor Norrie agreed that it is a different atmosphere. Councilor Norrie asked staff to look into the need of placing a traffic signal at the intersection of Southwest Parkway and Stone Lake Drive. Mr. John Burrus replied that they would begin to do the traffic counts more frequently, as well as monitor the accident reports. Councilor Norrie thanked Mr. Burrus for answering citizen questions at the District 3 town hall meeting. 677 Item 11 b continued Councilor Gonzalez asked about the low water pressure in the Edgemere area by Southwest Parkway. Mr. Scott Taylor replied that this was the first he had heard about it. Mr. Taylor stated that they will check it and if there is a low water pressure problem they will look at ways to address it. Councilor Ammons asked if there were any sewer, flooding or electrical issues in that area. Mr. Taylor informed that there is a grade issue in the sanitary sewer lines out there. The problems that he as the Public Works Director runs into is if the development complies with the City's development criteria, in other words, if there is a sewer line there and a water line there. Adequacy has never been mentioned in our Ordinance and has not been an issue that has stopped a development before. If there is a capacity issue then the City is responsible for addressing that issue and not holding up the development. If they meet all the requirements then we do not have grounds to say no. We will correct the problems as we see them. Councilor Elmore asked if the Ordinance needed to be modified. Mr. Taylor replied that it would be anti-development, but if we did that we need to evaluate it very carefully. He added that it would have an adverse affect on development. Councilor Ammons stated that she called the City and was transferred to a person named Jack and he was very nice. He checked on the information she was asking for and he called her back with that information. She noted the difference in attitude and said she really appreciated that. If they treat everyone in the same manner they treat the Council, it is a blessing to have those people. Mr. Scott Taylor informed that the person was Jack Scott, Water Distribution Superintendent. Our process is if we don't know the answer, we will find out and call the person back with the answer. Mayor Lyne directed the City Manager to place the Charter Review Report on the Council agenda in January as a discussion item. Mayor Lyne expressed appreciation to the staff for responding so quickly to emails that he receives and sends to the City Manager, who in turn distributes to the staff. Mayor Lyne commented that staff is very responsive in how they do business and that is what makes a positive atmosphere, to have a positive attitude. Item 11 c City Council went into Executive Session at 12:41 p.m. as authorized by Section 551.074 and of the Texas Government Code. City Council reconvened at 1:22 p.m. Mayor announced that no votes were taken during Executive Session. Councilor Norrie was not in attendance. Item 11d(1) Moved by Councilor Gonzalez to reappoint Mr. Preston Giles, Place 4, and Mr. Michael Slye, Place 5, to the Airport Board of Adjustment with terms to expire December 31, 2007. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 11 d(2) Moved by Councilor Gonzalez to reappoint the following members to the Construction Board of Adjustment: Mr. Leo Lane, Place 2, term expires December 31, 2008 Mr. Jimmy Barnes, Place 5, term expires December 31, 2008 Mr. Dan Shine, Place 12, term expires December 31, 2008 Mr. Clint Byrd, Place 13, term expires December 31, 2008 678 Item 11d(2) continued and appoint Mr. Kurt Wendeborn to Place 1, and Mr. Michael Veresh to Place 6, with terms to expire December 31, 2008. 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 11d(3) Moved by Councilor Gonzalez to appoint Mrs. Christy Graham to Place 3 and Mrs. Patricia Sullivan to Place 4 to the Landmark Commission, with terms to expire December 31, 2008. 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 11 d(4) Moved by Councilor Gonzalez to reappoint the following members to the Planning & Zoning Commission: Mr. Ken Dowdy, Place 2, term to expire December 31, 2007 Mr. John Stephenson, Place 5, term to expire December 31, 2007 Mr. Randle Forcher (Alternate 2), Place 11, term to expire December 31, 2007 and appoint the following Mr. Larry Ash to Place 3, term to expire December 31, 2007 Mr. John Kidwell to Place 7, term to expire December 21, 2007 Mr. Ripley Tate was moved from Alternate 1 to Place 9, term expires December 31, 2007 Mr. Kevin Callahan to Place 10, (Alternate 1), term expires December 31, 2006. 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 11d(5) Moved by Councilor Gonzalez to appoint Mr. Bruce Harris to Place 3 to the Tax Increment Finance Board, with term to expire December 31, 2007 and to appoint Mrs. Susan Plies as Chair for a one-year term expiring December 31, 2006. 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 11d(6) Moved by Councilor Gonzalez to reappoint Mr. Michael Latham, Place 1, Mr. Les Seipel, Place 3, Mr. Thomas Cross, Place 4, and Mr. Jose Garcia, Place 5 to the Zoning Board of Adjustments with terms to expire December 31, 2007, and to appoint Mr. Les Seipel as Chair for a one-year term expiring December 31, 2007. Motion seconded by Councilor Elmore. Council voted on each individual person and votes were as follows. 679 Item 11 d(6) continued Motion to reappoint Mr. Michael Latham, Place 1, with term to expire 12/31/2007 carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Motion to reappoint Mr. Jose Garcia carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Motion to reappoint Mr. Les Seipel carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Motion to reappoint Mr. Thomas Cross failed by the following vote. Ayes: Councilors Roberts-Burns, Gonzalez, and Elmore Nays: Mayor Lyne, Councilor Ginnings and Ammons Moved by Councilor Ammons to appoint Mr. Harold Hawkins to Place 4, with term to expire December 31, 2007. >, N Motion seconded by Councilor Ginnings. Alternate positions were discussed and Councilor Ammons withdrew her motion and Councilor Ginnings withdrew his-second. Moved by Councilor Ammons to make the following replacements and appointment to the Zoning Board of Adjustment: Move Mr. Steve Wood (Alternate 1) from Place 6 to Place 4 with term to expire December 31, 2007; Move Mr. Dave Lilley (Alternate 2) from Place 7 to Place 6 as Alternate 1 with term to expire December 31, 2006; Move Mr. Bruce Harris (Alternate 3), Place 8 to Place 7 as Alternate 2 with term to expire December 31, 2006; Appoint Mr. Harold Hawkins to Place 8 as Alternate 3 with term to expire December 31, 2006. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, and Gonzalez Nays: Councilor Elmore Moved by Councilor Gonzales to appoint Mr. Les Seipel as Chair for a one-year term expiring December 31, 2007 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 11 d(7) Moved by Councilor Ammons to reappoint Mr. James Spears, Place 2, with term to expire December 31, 2007 and Mrs. Debra Mills, Place 3, with term to expire December 31, 2006 to the Animal Shelter Advisory Committee. Motion seconded by Councilor Elmore. City Clerk informed that she received information on Friday that Mr. Spears had resigned. 680 Item 11d(7) continued Councilor Ammons withdrew her motion and Councilor Elmore withdrew his second. Moved by Councilor Ammons to reappoint Mrs. Debra Mills, Place 3, to the Animal Shelter Advisory Committee with term to expire December 31, 2006. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Items 11 d(8) — 11 d(16) These items, board/commission appointments/reappointments, will be considered at the December 20, 2005 Council meeting. Item 12 City Council adjourned at 1:50 p.m. PASSED AND APPROVED this aQday of , 2005. RAY ON E MAY R PRO TEM A TEST: Lydia Ozuna City Clerk 1 1 1 Charter Revision Committee For the City of Wichita Falls, Texas December 6,2005 Honorable Lanham Lyne, and Members of the City Council For the City of Wichita Falls Re: Final Committee Report Dear Mayor& Councilors: The Committee has now completed its work. We began in August 2005, and have met regularly since then,on each Thursday following Council meetings. Several members had to make special arrangements at work,in order to participate in our study. We also lost the aid of one of our members,J. W.Martin,who made significant contributions to the work,until his untimely death on October 9" THE COMMITTEE'S MISSION. At our first meeting, the City Attorney summarized the purpose for appointment of the Committee, which was to recommend to the Council any changes in the Charter relating to the following areas: 1. Election matters, such as Council Recall, Terms of office, and Runoff elections; 2. State law updates, that might be necessary to avoid conflicts; 3. Clean-ups in the Charter that have become apparent; and 4. Other ideas from Committee members, or from citizen input. We were also assisted by the City Attorney,Bill Sullivan,and the City Clerk,Lydia Ozuna, who met with us and supplied information that we required. Also,paralegal assistant,Linda Merrill, took minutes of our meetings, and mailed us information compiled by the City Attorney and City Clerk. CITY COUNCIL RECALL. Charter sections 24 through 33,cover the Recall of members of the Council. We recommend that the following sections in this segment be changed. Sec. 24,Recall Authorized. This section details the procedure in filing an affidavit for recall, obtaining recall petition forms,the number of petition signers needed, and who is authorized to sign the petition. Although 1 EXHIBIT "A" ITEM 5 CITY COUNCIL MEETING DECEMBER 6, 2005 1 r there are some incidental wording recommendations,the main changes are to the last full paragraph, which[I] removes the requirement for a certain number of signers to attest that they had previously voted for the recall target, [2] removes the requisite number of signers from "at least 20%of those who voted at the last regular municipal election for that position,"and[3]substituting"at least 35% of those who voted at the last regular contested municipal election for that position, or if the last election for such position was uncontested, then 5%of the registered voters at the date of the last regular election for that position" be required. Also added was [4] the requirement that only registered voters within a council district may sign a recall petition for that council position. Because Sec.24 is such a significant part of the recall process,and was extensively changed, the suggested wording of our recommended revision is included as Attachment A to this report. Sec. 25,Petition for Recall. This section states how the Recall Petition should be executed by the proponents, and contains a representation of the Petition itself. We recommend that it be changed to bring it in line with changes in state law. The second paragraph contains a saving clause, calling for compliance "with any other applicable requirements prescribed by law." The Petition itself,will include a place for the insertion of the"Grounds for Removal,"and the Table Inset will be expanded to include: [1] the voter's printed name,[2]signature, [3]residence address, [4]date of birth, [5]voter registration number, and [6] date signed. Because Sec. 25 is significantly changed in format, our recommended revision is included as Attachment B to this report. Sec. 26, Filing the Recall Petition. Changed to allow the city clerk 30 days, instead of 10 days, to examine and certify the sufficiency (or insufficiency)of the petition. Sec. 27,Amendment of Recall Petition. Retain the 20-day time (specified in the first paragraph) for petitioners to correct any deficiencies. The second paragraph is changed to allow the city clerk 30 days, instead of 5 days,to examine the amended petition and certify the sufficiency(or insufficiency)of the amended petition. Sec. 28,Action on Recall Petition. The second paragraph needs to be changed to conform to state law requiring local elections on one of the two permitted uniform election days, as enacted by the 2005 Legislature. So it is rewritten to state, as follows: If the member whose removal is sought does not resign within five (5)days after such notice,the city council shall thereupon order and fix a day for holding a recall election. Any such election shall be held at the next uniform election day as specified in state law. Sec. 29 through Sec. 33, the remainder of the Recall sections. We recommend no changes to these sections. 2 e ELECTION BY MAJORITY vs. PLURALITY, and PROVISIONS FOR RUNOFFS, & BREAKING TIES. Charter section 21, Election by Plurality, is divided into two sentences. First, election by plurality, with no requirement for a majority. Second, breaking a tie vote by lot. The Committee was,at first,divided on this issue. However,we finally voted unanimously to recommend election by majority,and require a runoff between the top two vote getters,in the event there is no majority winner. Sec. 21, Election by Majority. A candidate at an election for a place on the council or for mayor who shall receive a majority of all votes cast for the office for which he is a candidate shall be declared elected to such office. In the event any candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at such election, the council shall order a runoff election to be held in compliance with state law. The two (2) candidates receiving the highest number of votes for any such office in the first election shall be placed upon the ballot to be voted on in the runoff election. Although a tie vote is a rarity,it could involve the top two candidates,or if a runoff becomes necessary,the second&third candidates. So,the following section is recommended for the breaking of ties. Sec. 21 a, Breaking Tie Votes. If by reason of their having received the same number of votes, it cannot be determined which of two(2)or more candidates has been elected, a decision between them shall be made in their presence by lot under the direction of the city clerk. In the event a runoff is required,and it cannot be determined from the vote which two (2)candidates shall advance to a runoff,because of a tie vote,the decision shall be made by lot as specified above. MISCELLANEOUS SECTIONS NEEDING REVISION. Sec. 11, Candidacy for City Council. The last full paragraph of this section goes into detail about when the candidate's petition should be filed, in relation to the next election dates. Since provisions of the Texas Election Code have been enacted which specify mandatory requirements,this paragraph of Sec. 11 is out of step with the state statute,and is no longer required. So,the Committee unanimously agreed that the final paragraph should be rewritten, as follows: "The written application(and petition in lieu of filing fee),shall be filed with the City Clerk in accordance with state law." Sec. 34,Meetings of the City Council The fourth full paragraph of this section provides the rules on Executive Sessions of the Council. When originally drawn, it sought to comply with the then-existing state provisions. But, 3 1 1 the Texas Legislature has tinkered with the rules on executive sessions several times in recent years. Thus,this paragraph is no longer appropriate. So,the Committee unanimously agreed that we delete the bulk of this paragraph, so that it would then read, as follows: "Executive session of the city council may be held in accordance with state law." Sec. 38,Mayor and Councilor Salaries. The last sentence of the first paragraph of Sec. 38,beginning with"Until the adoption of an ordinance fixing such compensation. . ."should be stricken. Following the approval of this Charter Sec. 38, an ordinance [Sec. 2-30, Compensation] was enacted. Thus, we recommend that this sentence be deleted. Sec. 41, Certification of Initiative Petition, and Sec. 50, City Clerk to Review Referendum Petition. These sections each give the City Clerk only 15 days, after an amended petition is filed,to review the amendment. The Committee felt that this is too short a time for such review. When we previously considered Charter Sec.27,on recall petitions,we recommended that the time for review of an amended petition be extended to 30 days. It was,therefore,unanimously agreed that both of these sections should also be amended to allow a 30 day Clerk's review of an amended initiative or referendum petition. UNRESOLVED ISSUES. There was significant Committee favor for considering two additional issues. [1] Whether Council terms should be expanded from two years to cilors to aree Mayor&, and E ght[Councilorsr the Council should be expanded from a Mayor& Six Changing from 2-year to 3-year Terms. The following provisions were consulted in our discussion of this issue. Charter Sec. 10, providing for a mayor&six councilors,whose terms, qualifications, and method of election shall be prescribed by City Ordinance. Ordinance Sec. 2-28(b)which provides for terms of 2 two years. Charter Sec. 12,which provides for Council term limits. The following provisions were also relevant to this issue. Texas Constitution Art. 11,Sec. 11,which authorizes terms longer than two years,but in such instance requires[1]that longer terms be authorized only by a charter provision approved by the voters, [2] all Council members must be elected by majority vote, and[3] that the"resign to run"provisions of Texas Constitution Art 16, Sec. 65(b),become applicable to Council positions. We determined having three year terms (with our present 1+6 Council) would create a difficulty. This would require three election cycles for the Council. Since we only have a mayor& one at-large councilor who run city-wide,during one of the three cycles there would be no city-wide election. This would have a deadening effect for 1/3rd of the elections. So,unless we can add both a new district councilor, and an additional at-large councilor, there seems no practical way to accomplish three year terms. 4 I The Committee,therefore,recommends that the issue of expanding Council terms from two to three years, should be revisited after the 2010 Federal Census,when redistricting will be on the table. Increasing the Number of Districts & Councilors. The consensus of the Committee was that any move to increase the number of Council districts, should be deferred to the next time district lines are to be to recommend as C,after harterhevi010 sion on than Census. Thus it would be premature for our Co issue, at the present time. However, there was strong sentiment on the Committee for new districts. Some present districts are outstripping others in population, making a disparity of citizen representation. Thus, since redrawing the district lines will probably be legally required after the census,the Committee recommends to the Council that consideration be given to creating two additional districts, at that time[or one additional district and one additional at-large seat]. One reason to add two Councilors, rather than one,is to maintain an odd number on the Council. This will tend to avoid tie votes. The provisions that would have to be reviewed at that time include: [1] Charter Sec. 10, [2] Ordinance Sec. 2-26, [3] Ordinance Sec. 2-28, and [4] Ordinance Sec. 2-29. FINAL REMARKS- Our service has been an education for the members of the Committee. None of us are political scientists, but we do come from all geographic areas of the City, and from a variety of experience. Among the membership of the Committee, are two ex-Councilors, and several who have run for either Mayor or Council. There is also a wide disparity of employment. But we are all strong supporters of the City, and hope that our efforts have been of assistance to you, our elected representatives. For the Committee, Larry L. Lambert, chairman And Committee Members: David Brock Ranette Halverson Mary Hurley Tim Ingle Damon Johnston Jill King Rich Lewis Cheryl Malone Mike Valverde 5 v Larry L Lambert From: "IarylamberY' <larylambert@prodigy.net> To: "LARRY L LAMBERT' <LARYLAMB ERT@prodigy.net> Sent: Tuesday, September 13, 2005 11:22 PM Subject: Committee Redraft of Charter Sec. 24 Charter Revision Committee for the City of Wichita Falls,Texas Redraft of Charter Section 24,as tentatively approved at Meeting#3 on September 8,2005,to be b�L submitted for final approval at Meeting#4 scheduled for September 22,2005. Sec. 24. Recall Authorized. The Mayor or any other member of the citycouncil may be removed from office in the following manner: Any retge*'ed voter of the city may make and file with the city clerk an affidavit containing the name of any member of the city council whose removal is sought and a statement of the grounds for removal, rovided only registered voters within a council district may make and file an i f r eca 1 for council position. The city clerk shall thereupon deliver to the wgistered voter making such affidavit copies of petition blanks for demanding such a removal,printed forms of which he shall keep on hand. Such blanks shall be issued by the city clerk with his signature thereto attached and they shall be dated, addressed to the city council,indicate the person to whom issued,and state the name of th whose removal is sought A copy of the petition shall be maintained in the office of the IV clerk in accordance with state law. A recall petition to be effective must be returned and filed with the city clerk within thirty(30)days after film of the affidavit,must bear the signatures of registered voters of the city equal-electioni for that g least five ercent 35% of those who ber to at voted at the last re ar contested mumci osition or, ' the last election for such osition was unconteste then a ercent e1 oar witthiinn a voters at a datef e last re ar munici al election for that ositton. Onl re council district may sign.a recall petition for that council position. [NOTE: underlined sections indicate changes to existing Sec. 24] ATTACHMENT A 9n ai�nn5 Sec. 25. Petition for Recall. Sign atures to a recall petition need not be appended to one paper, but to eat each h h petition paper there shall be attached an affidavit hcirculator signature ofthe person whose stating n name it naure thereto was made in his presence and Is the genuine sgnature purports to be. h signer of a recall petition shall sign his name in ink or indelible pencil, and shall comply Eacg with any other applicable requirements prescribed by law, Recall petition papers provided by the city clerk shall be in form substantially as follows: TO THE MAYOR AND CITY COUNCILORS OF THE CITY OF WICHITA FALLS, TEXAS: I, , City Clerk of the City of Wichita Falls did drem hereby issue upon request to this blank form for a recall petition from the office of , Wicfor the hita Falls City Council.Signed: City Clerk Dated: � � RECALL PETITION TO THE MAYOR AND CITY COUNCILORS: We, the undersigned electors of the city of Wichita he Falls, bey submitted to a demand that tvote of question of removing from City Council the electors. Grounds for Removal: (Table Inset) VOTER'S PRINTED SIGNATURE RESIDENCE ESID ADDRESS D.O.B. V.R.# DATE SIGNED NAME STATE OF TEXAS }{ COUNTY OF WICHITA }{ being duly sworn, deposes and says that he/she is the circulator of the foregoing petition paper, and that the signatures ewhose name they puaport toe in beer presence, and are the genuine signatures of the persons Signed 20 Subscribed and sworn to before me this day of Notary Public ATTACHMENT B a -Ili Nil i tz O N 7r O a 0 moho • CD = rn _. CD =- o I,< CD C � n • CD O CD 3 CD CD CD _ -0 CD U) CD — � cQ O A n n n c� O CD O CD CD C\D —• -� 3 � cD � 3 -0 m 3 CD CD -0 —. CD -� n O CD -� O � CAD CD CD CD -� mo cn 0 0. CD - � CD �, � CD CD = c O w C: �D O O CD � CD �- � CDCD n = OMOL � .t � n X , m Jw - - - F m x � � -° MOL C � CCD Z -0 � � � C� ccnn CD v v v M � � v v c� �' n 0 CD � novx cD 3 o -a _ -. o � r O �' O CD C) y O O- C ■ �_ � r° US' p 3 CD CD F o :3 0 cu K cn m —. 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CD O n X m � CD CL — N 0 (n n 0 0 n� � 0 Z toO CD 0 CD 5 0 CD O CD fu O0 � � � 00CD CL co O �D O O CD Cb -O O �, 0 — + � n• � -+, W 0 CD Cl) Q 0- � Cn O M c CD -° `° m m m Cl) CD _m rMIL o w x N N cn � v 90 3 c _ CD y m CD 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, December 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: Pastor Reggie Coe Grace Church (b) Pledge of Allegiance 3. Presentations Employee of the Month - Laura Barnes, Library 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. Presentation By Charter Review Committee And Discussion Of Changes To City Charter 6. Approval of Minutes CONSENT AGENDA 7. Receive Minutes (a) Landmark Commission, October 20, 2005 (b) Library Advisory Board, October 25, 2005 City Council Agenda Tuesday, December 6, 2005 Page 2 REGULAR AGENDA 8. Public Hearing On A Special Service Vehicle Franchise For Terry Baker Dba Prime Time Limo 9. Ordinances (a) Ordinance Authorizing A Franchise For Special Service Vehicles To Terry Baker Dba Prime Time Limo (Council Bill #266) (b) Ordinance Amending Chapter 26, Article VIII Of The Code Of Ordinances Regarding Wrecker Businesses (Council Bill #267) (c) Ordinance To Certify Results Of The Election Of The Wichita Falls Fire Department, As Provided By Chapter 142 Of The Texas Local Government Code (Council Bill #268) (d) Ordinance Amending Section 50-34 Of The Code Of Ordinances, Identifying The Number Of Designated Civil Service Positions For The Wichita Falls Fire Department (Council Bill #269) (e) Ordinance Amending Section 70-33 Of The Code Of Ordinances, Identifying The Number Of Designated Civil Service Positions For The Wichita Falls Police Department (Council Bill #270) (f) Ordinance Amending The Employee Benefit Trust To Increase The Number Of Plan Trustees (Council Bill #271) (g) Ordinance Rezoning 4301 Cedar Elm, Block 2, H-S Subdivision, From Multifamily Residential To Limited Commercial Zoning And Amending The Land Use Plan (Council Bill #272) (h) Ordinance Rezoning 2301 Through 2315 Holly Drive, 1107 & 1109 23rd Street, From Single Family-2 Residential To General Commercial Zoning And Amending The Land Use Plan (Council Bill #273) (i) Ordinance Amending Section 54 Floods, Of The Code Of Ordinances, To Add A Definition Of An Accessory Structure And To Allow Accessory Structures To Be Built Within The 100- Year Floodplain Without Elevating The Floor Under Certain Conditions (Council Bill #274) City Council Agenda Tuesday, December 6, 2005 Page 3 (j) Ordinance Making An Appropriation In The Hotel/Motel Tax Fund In The Amount Of $5,000 For The Fantasy Of Lights Christmas Program (Council Bill #275) 10. Resolutions (a) Resolution To Approve Master Agreement And Advanced Funding Agreements For The Construction Of Northbound And Southbound Bridges On Maplewood (Council Bill #276) (b) Resolution To Approve Contract With Southwestern Bell Telephone, L.P. To Relocate Telephone Cables Affected By The Faith Village Drainage Improvement Project, Phase 2 And 3 (Council Bill #277) (c) Resolution To Approve Change Order No. 1 For The 2005 Pump Replacement Project (CWF05-550-20) (Council Bill #278) 11 . Other Council Matters (a) Staff Council Discussion (1) Report on Employee Benefit Trust Activities (b) Discussion Of Items Of Concern To Members Of The City Council. (c) Executive Session Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551 .074 Of The Texas Government Code. (1 ) Airport Board of Adjustment (2) Construction Board of Adjustment (3) Landmark Commission (4) Planning and Zoning Commission (5) TIF Reinvestment Zone #1 Board (6) Zoning Board of Adjustments (d) Appointments/Reappointments to the following Boards and Commissions. (1) Airport Board of Adjustment (2) Construction Board of Adjustment (3) Landmark Commission (4) Planning and Zoning Commission (5) TIF Reinvestment Zone #1 Board (6) Zoning Board of Adjustments City Council Agenda Tuesday, December 6, 2005 Page 4 (7) Animal Shelter Advisory Committee (8) Aviation Advisory Board (9) Clean Community Commission (10) Commission on Highway Transportation Needs (11 ) Commission on Human Needs (12) Park Board (13) Traffic Safety Commission (14) Water Resources Commission (15) City/County Health Board (16) Wichita Appraisal District 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. 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 ADDENDUM TO 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 On Tuesday, December 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 ADDENDUM TO REGULAR AGENDA 10. Resolutions (d) Resolution Amending Current Contract Associated with Chapter 26, Article VIII Of The Code Of Ordinances Regarding Wrecker Businesses (Council Bill #279) (e) Resolution Appointing/Reappointing Two Members To Serve On The Wichita Appraisal District Board Of Directors (Council Bill #280) Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on 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 Addendum to the notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2005 at o'clock (a.m.)(p.m.). City Clerk