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Min 06/22/2011 257 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 22, 2011 Item 1 The City Council of the City of Wichita Falls, Texas met in special session on the above date in the Council Chambers of the Memorial Auditorium Building at 3:00 o'clock p.m., with the following members present. Glenn Barham - Mayor Dorothy Roberts-Burns - Mayor Pro Tern Annetta Pope - Councilors Michael Smith - Tim Ingle - Mary Ward - Rick Hatcher - Absent Darron Leiker - City Manager Miles Risley City Attorney Lydia Ozuna - City Clerk Item 1 Mayor Barham called the meeting to order. Item 2a Councilor Pope gave the invocation. Item 2b Mayor Barham led in the pledge of allegiance. Item 3 No one signed up to speak under Public Comments. Item 5a Mayor stated that after a meeting with the City Manager, Assistant City Manager and Fire Chief, it was decided that the fireworks display be postponed. He called on the Fire Chief for details. Fire Chief Earl Foster informed that they have been concerned about and monitoring this situation for three weeks and felt right now was the appropriate time, from a public safety standpoint, to make a safe and prudent decision and recommends that the fireworks be rescheduled. We do not feel right now is the right time because it is too dry out there and we do not see the weather changing any time soon to allow this to be done. We recommend we not do it. 258 Item 5a continued Mayor stated that the July 4 fireworks celebration, fireworks and events, be postponed until Labor Day weekend. Item 4 a Bob Bass, Attorney with Allison, Bass &Associates, LLP, who was employed by the City, County, and WFISD to perform demographic and Justice Department related redistricting services gave a presentation concerning demographic changes and proposed redistricting of City Council precinct lines as well as voting precinct lines, and other election-related boundaries. Mr. Bass gave a brief history on redistricting and explained the one person one vote standard. He reviewed the redistricting process. We take existing boundaries as they were last pre-cleared. Then when the new census comes out we count people in those existing districts, divide the population by the number of single member district seats and we get an ideal size. You then have an ideal population per district. Total City population is 100,924 (excludes the prison) divide that by 5, you get 20,185, which is the ideal precinct size. Determine how far you are above or below that ideal size, give it a percentage from the ideal and compare the range of deviation by taking the smallest district, which is District 5 under-populated by 2506 and the largest district, which is District 4 over-populated by 2,923. Add those two percentages to see what your total maximum deviation is which is 27%; looking at your other districts, anything above 10% is deemed to be constitutionally unsound, so all four of your districts with the exception of District 1 are, by themselves, above 10% deviation so all districts will need to be adjusted to accomplish a balance under 10%. We try to bring that deviation as close to zero as we reasonably can and that gives you room for growth into the next decade. Once we decide we have to redistrict we have to look at demographics. We have to look back at the 2000 Census, as well as 2010 Census to see what changes there are in order to make a fair sense of the task before us. He went over the demographics emphasizing the need to retain the same ethnic representation as possible as in 2000. We need to meet or beat percentages from ten years ago. If you appoint a citizens committee, have a plan that is prepared that meets legal muster as well as your needs, then submit the plan to the committee for their comments. He suggested that one representative from each council district, including the Mayor, be appointed to the committee. Council will provide names to City Attorney, and he will prepare a redistricting resolution and place on July 5, 2011 Council agenda, which will include an advisory committee. Time frame to complete this process is mid August. Mr. Bass will draft a preliminary study keeping as much minority content as possible in District 2, and send it to Council for comments, then to the Advisory Committee for their comments. Public hearing publications are required in English and Spanish. Notices should be published at least ten days prior to meeting date. Item 5b No items of concern from Council. Item 6a There was no Executive Session. Item 7 City Council adjourned at 4:30 p. m. 259 PASSED AND APPROVED this 2nd day of August 2011. MAYOR ATTEST: Lydia Ozuna City of Wichita Falls City Council Agenda Glenn Barham, Mayor Dorothy Roberts-Burns, Mayor Pro Tern Michael Smith, District 1 Annetta Pope, District 2 , ~� Rick Hatcher, District 3 • Tim Ingle, District 4 ° l or Mary Ward, District 5 T E X A S P>/u�Skie,C�/dery0y�ortun�tie, Darron Leiker, City Manager Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Special 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, Wednesday, June 22, 2011, beginning at 3:00 p.m. 1. Call To Order 2. (a) Invocation: (b) Pledge Of Allegiance 3. 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. 4. Presentations: (a) Presentation by Allison, Bass & Associates, LLP concerning demographic changes and proposed redistricting of City Council Precincts and other election-related boundaries 5. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 6. Executive Sessions: (a) Executive Session in accordance with Texas Government Code §551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to proposed redistricting & approval by U.S. Department of Justice) 7. 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 CITY COUNCIL AGENDA PAGE 2 OF 2 PAGES