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Min 06/15/2010 ..87 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 15, 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 - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Mayor Barham called the meeting to order. Item 2a Dr. Bob McCartney, Pastor, First Baptist Church, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3 Greg Washburn, 6700 General Custer, expressed concern about a dangerous exit off Southwest Parkway and FM 2650, and provided solution. Mayor informed that Southwest Parkway and FM 2650 are under TXDOT and this will be directed to them. Mayor also suggested that Mr. Washburn present this to the Traffic Safety Commission. Item 4 City Council Minutes of June 1, 2010 were approved as distributed. Item 5a-5c 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 Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None 88 Items 5a-5c Minutes of the following boards and commissioners were received. (a) Park Board, April 22, 2010 (b) Landmark Commission, April, 27, 2010 (c) Traffic Safety Commission, May 5, 2010 Item 6 A Public Hearing was held on the 2010-2014 Five Year Public Housing Agency Plan, the First Year Action Plan, and the Administrative Plan. Assistant City Manager Kevin Hugman presented information on goals and objectives for the Five Year Plan, which also contains the one year plan. Some changes include: Applicant owing money to Housing cannot be placed on waiting list; all members of a family must have social security numbers. Currently 845 families are being served and 631 are on the waiting list. Housing Administrator Pam Ibarra explained the housing process including the waiting list process. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 7a RESOLUTION No. 75-2010 Resolution Approving The 2010-2014 Five Year Public Housing Agency Plan, The First Year Action Plan, And The Administrative Plan. Moved by Councilor Ward that Resolution No. 75-2010 be passed. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Barham, Councilors, Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 7b RESOLUTION No. 76-2010 Resolution Endorsing an Application to the Wichita Falls 4B Sales Tax Corporation for Funding for Recreational Improvements at Lake Wichita. Moved by Councilor Ingle that Resolution No. 76-2010 be passed. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Barham, Councilors, Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 7c Item 7c was deferred until after the Executive Session. 89 Item 8a Public Works Director provided an update on Lake Diversion repairs and completion. Item 8b Councilor Ammons commented that she was glad to be back. Councilor Ammons received two complaints about the bright lights from the new Taco Bell on Fairway that shine on owners' backyards. Staff will look into this. Councilor Ammons received a complaint about dogs running loose at Lake Wichita. Police Department received same complaint and addressed the situation; patrol officers have been alerted. Councilor Ammons asked if the City could check into FEMA not issuing any flood insurance locally and in the entire nation. Staff will check into this. Councilor Ingle referred to flood insurance and asked about grandfathering. City Manager responded that there may be other options for those who are in the flood plane. It was suggested that these residents contact the Planning Department for guidance. Councilor Ingle asked for an update on 2009 International Building Code revisions. Kevin Hugman provided an update; two subcommittees will be appointed to review the changes and make recommendations, which should take approximately two months. Approximate time for this to come to Council should be around October. Councilor Ingle mentioned customer service issues and asked Mr. Hugman to comment. Mr. Hugman informed that there are several issues and we are working on different initiatives in Building Inspections to improve customer service. Councilor Hatcher asked for the possibilities for a map revision where a resident has an elevation certificate. Staff will need details to contact the resident. Councilor Hatcher is going to set up a Face Book Page to educate people that it is legal to turn left on a red light at Arby's. He asked for help from interested persons. Councilor Hatcher made his contribution to Municipal Court and in spite of that he admires, respects and appreciates our fire fighters and police officers. Councilor Smith reminded everyone about Freedom Fest July 3 at SAFB and encouraged everyone to attend and enjoy the fireworks there. Councilor Smith emphasized that it is illegal to shoot off fireworks inside the City limits. He asked Chief Bachman to look at the ten areas where we have the most problems and focus on those. Councilor Smith asked Council members to bring up calls they receive relating to similar issues mentioned by another councilor. As an example, he has received calls on flood insurance and loose dogs in Lake Wichita Park. He noted that apparently the flood insurance issue is a problem around town. Councilor Smith informed that the microchip scanner program has had good results; three have been purchased. He asked everyone to think about contributing towards that. Councilor Smith reminded everyone that it is spay and neuter time again and he asked animal owners to please be responsible pet owners. Councilor Ward mentioned calls she received to beautify the north side of town; she did not know which district only that it was the north side. Councilor Roberts-Burns welcomed Councilor Ammons back. Mayor Barham informed that the Police Department will hold an open house for the new Firing Range at 9 a.m. June 24, 2010. It is one of the best outdoor firing ranges in the state if not the nation. AN 90 Item 8a continued Mayor Barham expressed sincere regret in the passing of retired Police Officer Norman Walker. He is going to be sorely missed. Item 9 City Council went into Executive Session at 9:43 a.m. in accordance with Texas Government Code Sections 551.071, 551.072, and 551.074. City Council reconvened at 11:38 a.m. Councilor Hatcher was not in attendance followoing Executive Session. Mayor announced that no votes or polls were taken during Executive Session. Item 7c RESOLUTION No. 77-2010 Resolution Appointing Directors To The Wichita County/City Of Wichita Falls, Texas, Hospital Board Moved by Mayor Barham that Resolution No. 77-2010 be passed inserting the names of Howard Farrell and Darron Leiker in the blanks. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors, Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 10 Board/Commission Council liaison appointments were not considered. City Council adjourned at 11:45 a.m. PASSED AND APPROVED this day of 2010. GLENN BARHAM 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, June 15, 2010 Beginning At 8:30 A.M. City Council: Mayor Glenn Barham, Councilors Linda Ammons, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Tim Ingle, and Mary Ward 1 . Call To Order 2. (a) Invocation: Dr. Bob McCartney, Pastor First Baptist Church (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. Approval Of Minutes Of June 1, 2010 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 5. Receive Minutes (a) Park Board, April 22, 2010 (b) Landmark Commission, April 27, 2010 (c) Traffic Safety Commission, May 5, 2010 REGULAR AGENDA 6. Public Hearing On The 2010-2014 Five Year Public Housing Agency Plan, The First Year Action Plan, And The Administrative Plan City Council Agenda Tuesday, June 15, 2010 Page 2 7. Resolutions (a) Resolution Approving The 2010-2014 Five Year Public Housing Agency Plan, The First Year Action Plan, And The Administrative Plan (Council Bill # 108) (b) Resolution endorsing an application to the Wichita Falls 4B Sales Tax Corporation for funding for recreational improvements at Lake Wichita (Council Bill # 109) (c) Resolution Appointing Two Directors To The Wichita County/City of Wichita Falls, Texas, Hospital Board (Council Bill # 110) 8. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 9. Executive Sessions: 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, any current and contemplated litigation for which the City is a party or potentially liable entity) Executive Session in accordance with Texas Government Code § 551 .072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the potential purchase, exchange, and/or value of properties on 9th Street and on Ohio Avenue) 10. Mayor's Appointments of Council Liaisons to Boards/Commissions 11. Adjourn City Council Agenda Tuesday, June 15, 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 AMENDED 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, June 15, 2010 Beginning At 8.30 A.M. City Council: Mayor Glenn Barham, Councilors Linda Ammons, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Tim Ingle, and Mary Ward ADDENDUM TO REGULAR AGENDA 9. Executive session in accordance with Texas Government Code §551 .074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee (including, but not limited to Members of the Wichita County-City of Wichita Falls Hospital Board) 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