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Min 10/05/2010 140 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building October 5, 2010 Item 1 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Glenn Barham - Mayor Dorothy Roberts-Burns - Mayor Pro Tern Linda Ammons - Councilors Michael Smith - Rick Hatcher - Timothy Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Councilor Rick Hatcher, District 3, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Mayor proclaimed October 3-9, 2010 as "National 4-H Week in Wichita Falls". Maranda Revell, Wichita County Extension Agent, accepted the proclamation. Item 3b Mayor recognized Ms. Allison Steger, Youth Services Librarian, Public Library, as Employee of the Month for October 2010. Mayor presented Ms. Steger with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 3c Mayor proclaimed October 5, 2010 as "Firefighter Association Day in Wichita Falls" and encouraged all citizens to support the Fire Fighters Association for the positive impact they have in our community. Bobby Whiteley, President of the Wichita Falls Professional Firefighters Association, and numerous members of the Fire Fighters Association accepted the proclamation. President Whiteley expressed appreciation to the Council for this historic moment of being recognized by the City Council. He commented that they are following in the footsteps of those who came before them and paved the way. It is true that without the citizens we cannot do what we do. He thanked everyone for their support. 141 Item 4 No one signed up to speak under public comments. Item 5 Minutes of the September 21, 2010 City Council meeting were approved as distributed. Items 6a-7 City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Hatcher requested that Item 6b be moved to the Regular Agenda. Moved by Councilor Hatcher that the Consent Agenda be approved with the exception of Item 6b. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 6a RESOLUTION NO. 110-2010 Resolution Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs Items 7 Minutes of the August 26, 2010 Park Board meeting were received. Item 6b RESOLUTION NO. 111-2010 Resolution Authorizing The Purchase Of Toro Mowers Through The Buy Board Cooperative Purchasing Program From Professional Turf Products In The Amount Of $155,149.12 And Directly From Berend Turf And Tractor In The Amount Of$39,330.00 Moved by Councilor Hatcher that Resolution No. 111-2010 be passed. Motion seconded by Councilor Ammons. Councilor Hatcher asked if the Transfer Station currently has a mower and what happens to the old mowers. Mrs. Peggy Gahagan informed that they are all replacement mowers; the old ones will go to auction. Motion carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None ` 142 Item 8a RESOLUTION NO. 112-2010 Resolution Approving The Purchase Of A Komatsu Wheel Loader Through The Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program From Kirby-Smith Machinery In The Amount Of $243,000, And A Caterpillar Motor Grader And Caterpillar Crawler Dozer Through The Buy Board Cooperative Purchasing Program from Warren Cat In The Total Amount Of$562,940 Moved by Councilor Robert-Burns that Resolution No. 112-2010 be passed. Motion seconded by Councilor Hatcher and carried by the following vote Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 8b RESOLUTION NO. 113-2010 Resolution Authorizing The City Manager To Execute Contracts With Organizations That Provide Community Services And/Or Promote The Convention And Tourism Industry Moved by Councilor Hatcher that Resolution No. 113-2010 be passed. Motion seconded by Councilor Ingle and carried by the following vote Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 8c RESOLUTION NO. 114-2010 Resolution Approving Change Order No. 3 To The Faith Village Drainage Improvements Project - Phase II And III (CWF 05-552-03) In The Amount Of$105,731.36 Moved by Councilor Ammons that Resolution No. 114-2010 be passed. Motion seconded by Councilor Ingle and carried by the following vote Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and Ward Nays: None Item 8d RESOLUTION NO. CB 115-2010 Resolution Authorizing The City Manager To Execute A Potable Water Supply Contract With The Friberg Cooper Water Supply Corporation For A Term Of 20 Years Moved by Councilor Robert-Burns that Resolution No.115-2010 be passed. Motion seconded by Councilor Smith and carried by the following vote Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and Ward 143 Item 8d continued Nays: None Item 8e RESOLUTION NO. 116-2010 Resolution Endorsing An Application To The Wichita Falls 4B Sales Tax Corporation For Funding For Construction Of An Off Leash Dog Facility At Lake Wichita Park In The Amount Of$10,000 Moved by Councilor Ammons that Resolution No.116-2010 be passed. Motion seconded by Councilor Smith. Alex Borrego, 4710 Cape Code, expressed appreciation for allowing them to work on this project and to those who spearheaded this idea. He thanked those who signed the petition; noting that this group is willing to use this park. Motion carried by the following vote Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None City Council recessed at 9:15 a.m. and reconvened at 9:35 a.m. Item 9a Assistant City Manager Kevin Hugman introduced Mr. Kent LeMasters, Partner of Aquatic Amusement Management. Mr. LeMasters introduced Mr. Steve Vaughn, Castaway Cove Parts Manager. Mr. LeMasters presented a report on the Castaway Cove 2010 season. A copy of this report is on file in the Office of the City Clerk Item 9b Council presented the following concerns. Councilor Ammons a) Commented that maybe a new slogan should be "How Great is That?" for all the great things, like Castaway Cove, that are making money. b) Hotter'N Hell Hundred and MPEC Study; kudos to Roby Christy, great way to bring notoriety and money into our City. c) Dog Park, Fire Training Center, S.W. Parkway Pond, and many other quality of life issues funded by 4B Sales Tax; explained that those funds come from sales tax not property tax d) Buy here, spend your money locally. Councilor Ingle a) Report on the hero fire fighter; Fire Chief gave a report b) Congratulated Employee of the Month Ms. Allison Steger; keep up doing a great job in our community with the youth c) Where are Deer Creek and Rathgaber Roads are on the list of repairs. Public Works Director will check into this. Councilor Hatcher a) 4B Sales Tax is a wonderful thing; he mentioned other projects funded by 4B — Skate Park, Softball Complex, 3 Fire Trucks. l � 144 Item 9b continued b) 6th Street overpass striping looks great and prevents potential accidents c) TXDOT is re-striping Kell East d) Race for the Cure, October 9 e) Left on red at Arby's Councilor Smith a) Asked for information on the October meeting regarding U.S. Geological Survey on better flood control analysis. b) Update on obtaining right of way for project in the parks— Circle Trail route. c) Fiscal Notes article provided information on importance of non-profit arts and cultural organizations as a vital component to our economy. Consider this for future funding to our Arts Council. Councilor Ward a) City View Home Coming Parade impressive turn out; thanked those who attended b) Kudos to our City Staff; they do an excellent job; thank you Councilor Roberts-Burns a) District 2 cleanup on Oct. 9 and 16, dumpsters will be set out at Jalonick, Lynwood and Spudder Parks; please participate Mayor Barham a) Update on taxi ordinance revision; Kevin Hugman provided update b) Culture Crawl was a fine event, good crowds; considering to do this event twice a year c) Oktoberfest—800 tickets sold; great time and excellent food. d) Sales tax comments —for every $1000 spent in retail generates $2.50 for 4A and 4B; if those two funds are generating $3 million a year in sales tax, there is a whole lot of money being spent here in Wichita Falls. The more we can keep here the better. e) TXDOT new program kicked off last week—"Report a Pothole" on state highways to TXDOT Councilor Ammons a) We have missed Mrs. June O'Hare at the Council meetings and are waiting for her to return. Items 10 City Council adjourned at 10:50 a.m. PASSED AND APPROVED this day ofQd&6) 2010. GLENN BARHAM MAYOR ATTEST: Lydia Ozuna City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor Linda Ammons, Councilor At Large Michael Smith, District 1 ~� Dorothy Roberts-Burns, Mayor Pro Tern • / Rick Hatcher, District 3 r- of Tim Ingle, District 4 T E X A S Mary Ward, District 5 �a : Darron Leiker, City Manager -- Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, October 5, 2010 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: (b) Pledge Of Allegiance 3. Presentations (a) Proclamation — National 4-H Week - Maranda Revell, Wichita County Extension Agent, 4-H and Youth Development (b) Employee of the Month -Allison Steger, 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. Approval Of Minutes Of The September 21, 2010 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolutions (a) Resolution Authorizing A Conflict Of Interest Waiver For #166 A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs City Council Agenda Tuesday, October 5, 2010 Page 2 (b) Resolution Authorizing The Purchase Of Toro Mowers #167 Through The Buy Board Cooperative Purchasing Program From Professional Turf Products In The Amount Of $155,149.12 And Directly From Berend Turf And Tractor In The Amount Of$39,330.00 7. Receive Minutes of the Park Board, August 26, 2010 REGULAR AGENDA 8. Resolutions (a) Resolution Authorizing The Purchase Of A Komatsu #168 Wheel Loader Through The Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program From Kirby-Smith Machinery In The Amount Of $243,000 and A Caterpillar Motor Grader And Caterpillar Crawler Dozer Through The Buy Board Cooperative Purchasing Program From Warren Cat In The Amount Of$562,940 (b) Resolution Authorizing The City Manager To Execute #169 Contracts With Organizations That Provide Community Services And/Or Promote The Convention And Tourism Industry (c) Resolution To Approve Change Order No. 3 to The Faith #170 Village Drainage Improvements Project — Phase II and III (CWF05-552-03) In The Amount Of$105,731.36 (d) Resolution Authorizing The City Manager To Execute A #171 Potable Water Supply Contract With The Friberg Cooper Water Supply Corporation For A Term Of 20 Years (e) Resolution Endorsing An Application To The Wichita #172 Falls 4B Sales Tax Corporation For Funding For Construction Of An Off Leash Dog Facility At Lake Wichita Park In The Amount Of$10,000 9. Other Council Matters (a) Staff Council Discussion — Report on the Castaway Cove 2010 Season (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Adjourn City Council Agenda Tuesday, October 5, 2010 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. 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 , 2010 at o'clock (a.m.)(p.m.). City Clerk