Loading...
Min 07/06/2010 91 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 6, 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 District 3 Councilor Rick Hatcher gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Mr. Roddy Atkins, Executive Director for Helen Farabee MHMR, gave a presentation on what is a community MHMR and the partnership with the City of Wichita Falls. Item 3b Mayor recognized Mr. Danny Douglas, Equipment Operator, Street Maintenance/Public Works, as Employee of the Month for July 2010. Mayor presented Mr. Douglas with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 4 Russell Nettles, 9902 River Road, Austin, Texas, owner of Russell's Fireworks, expressed concern regarding the Code Red Alert that was issued July 4, 2009, signs on the outskirts of the City regarding fireworks, transporting fireworks inside City limits, and the fine schedule. He suggested that the fireworks ordinance be re-written to address these concerns. Mayor asked Mr. Nettles to submit his requests in writing and send the letter to the City Attorney. 92 Item 4 continued Norman Cochran, 4651 Sierra Madre, asked for an update on the following projects: 1) Castaway Cove, 2) Champions Golf Course & Pro Shop employees, 3) Lake Wichita, and 4) Skate Park. City Manager will contact Mr. Cochran and respond to Mr. Cochran's questions. Item 5 Minutes of the June 15, 2010 City Council meeting were approved as distributed. Items 6a-7e 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 Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 6a RESOLUTION NO. 78-2010 Resolution Awarding Bid For Asbestos Abatement Of Hazardous Structures To Empire Environmental Group, L.L.C., In The Amount Of $59,972.00. Item 6b RESOLUTION NO. 79-2010 Resolution Granting Extended Reservation Privileges To The Lamar Baptist Church To Use Soccer/Football Field #4 In Lake Wichita Park On Saturday Mornings From September 18, 2010 To November 6, 2010 Items 7a-7e Minutes of the following boards and commissions were received. (a) Animal Shelter Advisory Committee, February 16, 2010 (b) Wichita Falls/Wichita County Public Health Board, April 23, 2010 (c) Wichita Falls Economic Development Corp. (4A), April 7, 2010 (d) Planning & Zoning Commission, May 12, 2010 (e) Park Board, May 27, 2010 Item 8a ORDINANCE NO. 33-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Rezoning Lots 8-11, Block 1, Southland Addition, 0.78 Acres Out Of E.A. Austin Survey, Adjacent Rights-Of-Way Of Clark Street And Marshal Street, Lots 1-7, Block 4, Southland Addition And Adjacent Alley Rights-Of-Way, From Single Family-2 To General Commercial, And Amending The Land Use Plan By Changing The Aforementioned Area From Low Density Residential To Commercial 93 Item 8a continued Moved by Councilor Roberts-Burns that Ordinance No. 33-2010 be passed. 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 8b ORDINANCE NO. 34-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Waiving Subsection A of Section 6.5, "Water," and Subsection A of Section 6.10, "Lots and Setbacks," of Appendix A, Subdivision and Development Regulations, of the City of Wichita Falls Code of Ordinances, for Lot 1, Block 1 of the proposed P.D. Groves Addition, located near 4715 Stansbury Lane Moved by Councilor Roberts-Burns that Ordinance No. 34-2010 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 ORDINANCE NO. 35-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Appropriating $14,000 To The Special Revenue Fund For The Immunization Program Of The Wichita Falls-Wichita County Public Health District. Moved by Councilor Hatcher that Ordinance No. 35-2010 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 9a RESOLUTION NO. 80-2010 Resolution Awarding The Bid For The River Road Wastewater Treatment Plant New Belt Filter Press Construction Project (CWF09-550-14) To Associated Construction Partners, LTD In The Amount Of Approximately $696,420 Moved by Councilor Smith that Resolution No. 80-2010 be passed. Motion seconded by Councilor Ingle and carried by the following vote. 94 Item 9a continued Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 9b RESOLUTION NO. 81-2010 Resolution Approving A Potable Water Purchase Contract With The City Of Burkburnett For A Term Of 20 Years Moved by Councilor Hatcher that Resolution No. 81-2010 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 9c RESOLUTION NO. 82-2010 Resolution Approving A Potable Water Purchase Contract With Lakeside City for a Term of 20 Years Moved by Councilor Roberts-Burns that Resolution No. 82-2010 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 9d RESOLUTION NO. 83-2010 Resolution Authorizing The City Manager To Execute All Documents Necessary To Accept American Recovery And Reinvestment Act Funds Totaling $218,525 From The Department Of Energy (DOE) For Weatherization And HVAC Upgrades At Various City-Owned Buildings. Moved by Councilor Roberts-Burns that Resolution No. 83-2010 be passed. 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 95 Item 9e RESOLUTION NO. 84-2010 Resolution Awarding Bid For The Purchase Of A Portable Basketball Floor For Kay Yeager Coliseum To Horner Flooring In The Amount Of $86,900.00 Moved by Councilor Smith that Resolution No. 84-2010 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 10a There were no staff reports. Item10b Councilor Roberts-Burns asked staff to check the filling station at 7th Street and M.L.K Blvd. for Code violations. Councilor Roberts-Burns asked for an update on her previous question on males wearing trousers below the waist. City Attorney informed that he had sent Council an email on that, but will resend it to them. Councilor Ward mentioned the United Methodist Army group consisting of 81 youths and 18 adults who came to our City from various Texas cities to work on 21 homes in one week. She read a letter expressing appreciation to those who housed, fed, and provided them assistance to complete their projects. Upon their departure they left a check for over$5000. Councilor Ward felt that this group deserves a huge thank you. Councilor Smith requested an update on the fireworks situation from the Police and Fire Departments on the affects after the 41h of July celebration. Fire Chief Foster felt that the situation was better this year, had fires but not of any substance. Police Chief Bachman reported that it was better this year than last year on fireworks issues. Councilor Smith expressed appreciation to Chief Bachman and Chief Foster and their staff for their leadership on this. He also thanked General Darryl Burke and S.A.F.B. and staff for putting on Freedom Fest. Councilor Smith asked for an update on the new MESA bus route system. Mr. John Burrus informed that it is beginning to get feedback from vendors and we are increasing flexibility on the system. We are working on incorporating an additional route to Midwestern State University. It started out slow but it is building. He noted that the best form of advertisement is word of mouth. Councilor Smith asked for an update on the Army Reserve Center Building on 9th Street. City Manager informed that they are still working on their facility to be completed in Fort Sill to be able to move. Assistant City Manager Kevin Hugman added that the date we are looking at is later this year but that may change. Councilor Smith congratulated fire fighters who participated in Fill the Boot campaign for MDA Research; they raised $51,000. It was very successful. Councilor Smith asked for information on the T.O. Golf Tournament. City Manager stated that it appears it was a success but he has not visited with Tommy Isbell and those who serve on that board. He will get numbers and more information and pass it on to Council. 96 Item10b continued Councilor Hatcher wants everyone to have "Pride in the Falls" mentality. The best way we can grow our City and the tax base is by having everybody who lives here love this place and I think 99% love this place. We need to tell everybody how much we love this place and living here. It will explode and the whole concept of pride in falls will do what it is expected to do. It will help get our tax base up the easy way. Councilor Hatcher stated that fireworks are not a bad thing; they are legal but must be handled safely; maybe we need to spend more efforts on public service announcements. He felt that rather than control that type business we should educate people. Let's be careful when we get into someone's business because business is what makes things happen. Councilor Hatcher said that he admires, respects, and appreciates our police officers and our fire fighters. Councilor Hatcher reminded everyone that turning left at the red light by Arby's is legal after stopping and when it is safe to do so. Councilor Ingle mentioned a power line issue and expressed appreciation for the quick response and assistance by the Park staff, in particular Terry Points and Cheryl Foster. Councilor Ingle mentioned a comment from a Burkburnett resident regarding their terrible drinking water. Public Works Director Russell Schreiber informed that the City of Burkburnett is subsidizing the water we sell them with their well water and it could also be old pipes that contribute to the taste. Councilor Ammons mentioned that some limbs were overhanging in City right-of-way at Lake Park Drive where it intersects with Midwestern Parkway. Staff will look into that. Councilor Ammons congratulated Danny Douglas for being recognized as Employee of the Month; he is a great employee. Councilor Ammons received a call suggesting that Police motorcycle officers fight crime instead of issuing speeding tickets. What is their function? Police Chief replied that they work school zones and protect citizens. He commented that we have more vehicle fatalities than homicides, most of which are caused by speeding. These officers are out there to slow drivers down and to use seat belts and child restraint seats. Councilor Ammons brought up the fallacy that speeding tickets make the City's coffers overflow. Police Chief stated that it is a fallacy because the State gets 50% of those funds and the rest goes to officers' salary, their vehicle and equipment; very little is City revenue. Councilor Ammons asked if the Iowa Park Road area had been "cleaned up". Police Chief reported that his officers are working on that. Councilor Ammons mentioned a letter she received and needs information in order to respond. She asked if a registered sex offender can live in a house with children. Chief Bachman said he would have to check but if they are his children, he can. Police Chief is currently working on that situation. Councilor Ammons referred to the pit bull situation and asked if the police had discharged a gun when the dog was attacking someone. Chief Bachman replied that the police did not discharge a firearm. When a firearm is discharged by a police officer he receives a report, and he has not received such a report. Health Director Lou Franklin informed that she checked on the dog situation and they did file vicious on those dogs and they have been euthanized. Councilor Ammons thanked everyone that participated in the July 4th celebration at the Kell House and at S.A.F.B. Police Chief Bachman referred to the item brought up this morning on the Skate Park, and informed that they have had 12 calls since January and one was 97 Item 10b continued to back up another agency on a traffic stop, another call was where someone had fallen, and one was a fireworks call. So in seven months we have not been overworked on calls out there. Mayor Barham congratulated Jim Dockery's son in his entertainment endeavors. We are proud of him. Mayor Barham referred to the aircraft that inadvertently dumped fuel on our airport ramp and he wanted staff to let them know we want them to continue using our airport. It was an accident that could have happened anywhere; we appreciate them using our airport. Mr. John Burrus informed that Staff has expressed that. Mayor Barham also received the letter Councilor Ammons mentioned regarding the registered sex offender. It is apparent that the Police Chief and Code Enforcement will be taking steps to correct that situation. Items 11 a-11 b City Council went into executive session at 10:19 a.m. in accordance with Texas Government Code §551.074 and §551.087. City Council reconvened at 11:06 a.m. Mayor announced that no votes or polls were taken during Executive Session. Item 12a Moved by Councilor Smith that Mr. Gary McClendon be reappointed to Place 2 of the Wichita Falls Economic Development Corporation with term to expire July 31, 2013. 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 12b Moved by Councilor Roberts-Burns that the following members be reappointed to the Wichita Falls 4B Sales Tax Corporation with terms to expire July 31, 2012. Place 4, Mr. Darron Leiker Place 6, Mr. Charles Elmore and to appoint Mr. Dustin Nimz to Place 3, with term to expire July 31, 2012 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 12c Mayor Barham appointed Mr. Lawrence McPherson to Place 4, of the Housing Authority and reappointed Mr. Bobby Dinwiddie, Place 5, with terms to expire July 31, 2012. 98 Item 12d Moved by Councilor Ammons that Mr. Robert Clement, Place 8, be reappointed to Helen Farabee Regional MHMR Centers Board with term to expire August 31, 2012. 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 12e Moved by Councilor Smith that Mayor Glenn Barham and Councilor Mary Ward be appointed to Places 1 and 2, respectively, of the Nortex Regional Planning Commission, and that Councilor Roberts-Burns be appointed as proxy. 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 12f Moved by Councilor Hatcher that the following members be reappointed to the Arts Commission with terms to expire as set out. Dr. Larry Sharp, Place 2, term expires July 31, 2012 Mr. Ron Fischli, Place 3, term expires July 31, 2012 Ms. Linda Bates, Place 5, term expires July 31, 2011 Mrs. Catherine Prose, Place 6, term expires July 31, 2012 Mrs. Peggy Browning, Place 7, term expires July 31, 2011 Rev. Kevin Tiaden, Place 8, term expires July 31, 2012 and that Ellen Jahnke be appointed to Place 4, with term to expire July 31, 2012. 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 12g Moved by Councilor Hatcher that Mrs. Donna McGough and Ms. Arthur Beatrice Williams be reappointed to Places 1 and 2, respectively, of the Library Advisory Board with terms to expire July 31, 2013; and that Mrs. Julie Carter be appointed to Place 8, with term to expire July 31, 2013. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle and Ward Nays: None 99 Item 12h Moved by Councilor Hatcher that Mr. Mike Rucker be appointed to the Park Board, Place 7, with term to expire December 31, 2012 . 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 12i Moved by Councilor Hatcher that Councilor Tim Ingle be appointed to the MPO-Transportation Policy Committee, Place 3. Councilor Ingle will replace Mr. Charles Elmore. 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 City Council recessed to the Pre-Budget Workshop. At 4:00 p.m. City Council recessed to reconvene at 8:30 a.m. July 8, 2010. Councilor Ingle was not in attendance when Council reconvened at 8:30 a.m. on July 7, 2010. PASSED AND APPROVED this day of 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 "�=r Dorothy Roberts-Burns, Mayor Pro Tern • �� Rick Hatcher, District 3 f Tim Ingle, District 4 T E X A S Mary Ward, District 5 B/u�Ski�i.r?o1d�0���'furH7`ies 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, July 6, 2010 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: (b) Pledge Of Allegiance 3. Presentations (a) Report on Helen Farabee MHMR— Roddy Atkins (b) Employee of the Month — Danny Douglas, Street Maintenance 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 June 15, 2010 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolutions (a) Resolution Awarding Bid For Asbestos Abatement Of # 111 Hazardous Structures To Empire Environmental Group, L.L.C., In The Amount Of$59,972.00 City Council Agenda Tuesday, July 6, 2010 Page 2 (b) Resolution Granting Extended Reservation Privilege To #112 The Lamar Baptist Church To Use A Soccer/Football Field In Lake Wichita Park On Saturday Mornings From September 18, 2010 To November 6, 2010 7. Receive Minutes (a) Animal Shelter Advisory Committee, February 16, 2010 (b) Wichita Falls/Wichita County Public Health Board, April 23, 2010 (c) Wichita Falls Economic Development Corp. (4A), April 7, 2010 (d) Planning & Zoning Commission, May 12, 2010 (e) Park Board, May 27, 2010 REGULAR AGENDA 8. Ordinances (a) Ordinance Rezoning Lots 8-11, Block 1 and Lots 1-7, #113 Block 4, Southland Addition, 0.78 Acres Of E.A. Austin Survey, And Adjacent Rights-Of-Way, From Single Family-2 To General Commercial, And Amending The Land Use Plan By Changing Said Area From Low Density Residential To Commercial (b) Ordinance Waiving Subsection A of Section 6.5, #114 "Water", and Subsection A of Section 6.10, "Lots and Setbacks", of Appendix A, Subdivision and Development Regulations, of the City of Wichita Falls Code of Ordinances, for Lot 1, Block 1 of the Proposed P.D. Groves Addition, Located Near 4715 Stansbury Ln (c) Ordinance Appropriating $14,000 To The Special #115 Revenue Fund For The Immunization Program Of The Wichita Falls-Wichita County Public Health District. 9. Resolutions (a) Resolution Awarding the Bid For The River Road #116 Wastewater Treatment Plant New Belt Filter Press Construction Project (CWF09-550-14) to Associated Construction Partners, LTD in the amount of approximately $696,420 (b) Resolution Approving A Potable Water Purchase #117 Contract With The City of Burkburnett for a Term of 20 Years City Council Agenda Tuesday, July 6, 2010 Page 3 (c) Resolution Approving A Potable Water Purchase #118 Contract With The City of Lakeside City for a Term of 20 Years (d) Resolution To Authorize The City Manager To Execute #119 All Documents Necessary To Accept American Recovery And Reinvestment Act Funds Totaling $218,525 From The Department Of Energy (DOE) For Weatherization And HVAC Upgrades At Various City- Owned Buildings. (e) Resolution Awarding Bid For The Purchase Of A #120 Portable Basketball Floor For Kay Yeager Coliseum To Horner Flooring In The Amount Of$86,900.00 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Executive Sessions: (a) 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, directors of the Wichita Falls Economic Development Corporation, Wichita Falls 4B Sales Tax Corporation, Commissioners of the Housing Authority of the City of Wichita Falls, and Members of the Helen Farabee Regional MHMR Centers Board of Trustees and Nortex Regional Planning Commission) (b) Executive session in accordance with Texas Government Code § 551.087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, air conditioning equipment manufacturer) 12. Open Session to Appoint Members to the Following Boards and Commissions: • 4A Economic Development Board • 4B Sales Tax Corporation • Housing Authority Board • Helen Farabee MHMR Board • Nortex Regional Planning Commission City Council Agenda Tuesday, July 6, 2010 Page 4 • Arts Commission • Library Advisory Board • Park Board • MPO/Transportation Policy Committee (TPC) 13. Pre Budget Workshop Discussion 14. Recess And Reconvene On Wednesday, July 7, 2010, At 8:30 A.M., If Necessary. 15. 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 2010 at o'clock (a.m.)(p.m.). City Clerk