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Min 03/02/2010 32 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 2, 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. Lanham Lyne - Mayor Rick Hatcher - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Jim Ginnings - Charles Elmore - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Dr David Hartman, Pastor of the First Christian Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor Lyne proclaimed March 2, 2010 as "Rolling Plains Chapter Texas Master Naturalist Day" in Wichita Falls. Terry McKee, President, Penny Miller, Past President, Bill Setzler, Chapter Secretary, and Mark Howell, Inland Fisheries Biologist, Texas Parks and Wildlife Department, were present and accepted the proclamation. Item 3b Mayor Lyne recognized Ms. Kathy Bazile, as Employee of the Month for March 2010. Mayor presented Ms. Bazile with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 4 Norman Cochran, 4651 Sierra Madre, requested that the City revisit the ordinance or policy regarding repairs of water line breaks in residential areas. He asked that the City see if they can come up with a budget or some type of instrument to repair citizens' yards after repairs have been done by the City. Public Works Director will prepare a memo for Council regarding this issue. 33 1 Item 4 continued Brenda Jarrett, 401 Madison, mentioned a potable drinking water situation on the eastside involving Conoco Phillips Company. The eastside community wanted to know where the runoff water is going, who is going to clean it up and who is responsible for it. She mentioned a grant that the East of the Falls Community Development Corporation had found that offers communities a way to address the risks from multiple sources of toxic pollution in their environment; it is the CARE Grant (Community Action for a Renewed Environment). It will take government, businesses and local organization partnerships to implement local solutions to reduce release of toxic pollutants and minimize citizens' exposure to them. She asked for support from the City; you will be contacted. She provided handouts to Council. Item 5 Minutes of the February 16, 2010 regular City Council meeting were approved as distributed. Items 6-7h 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 Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 6 RESOLUTION NO. 30-2010 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 7a-7c Minutes of the following boards and commissions were received. (a) Library Advisory Board, December 8, 2009 (b) Animal Shelter Advisory Committee, December 17, 2009 (c) Traffic Safety Commission, January 6, 2010 (d) WF Economic Development Corp. (4A), December 17, 2009 (e) WF Economic Development Corp. (4A), December 28, 2009 (f) WF Economic Development Corp. (4A), January 19, 2010 (g) WF Economic Development Corp. (4A), February 11, 2010 (h) WF 4B Sales Tax Board, November 25, 2009 Item 8a ORDINANCE NO. 12-2010 Ordinance Appropriating $394,500 From The Water And Sewer Fund For Professional Services (Attorneys, Engineers, Travel Expenses, Consulting Experts, Court Clerk Fees, And Testifying Experts) To Be Provided For The Defense Of MW Builders of Texas, Inc. v. City of Wichita Falls, et. al. Moved by Councilor Barham that Ordinance No. 12-2010 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore 34 Item 8a continued Nays: None Item 8b ORDINANCE NO. 13-2010 Ordinance Amending Section 82-163 (g)(2) Of The Wichita Falls Code Of Ordinances To Increase Fees For Softball Field Rental From $25 To $50 Per Field Per Day Moved by Councilor Ginnings that Ordinance No. 13-2010 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9a RESOLUTION NO. 31-2010 Resolution Authorizing Expenditure By The City Of Wichita Falls Police Department From The Seized Funds Account In The Amount of $6,015 For The Procurement Of A Wireless/Hardwired Video And Audio Receiver With DVR, 10" Monitor, And Camera Not Included In The FY 2009/2010 General Fund Budget. Moved by Councilor Barham that Resolution No. 31-2010 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9b RESOLUTION NO. 32-2010 Resolution Authorizing Expenditure By The City Of Wichita Falls Police Department From The Seized Funds Account In The Amount Of $27,900 For The Purchase Of 10 In-Car Video System Upgrades Moved by Councilor Roberts-Burns that Resolution No. 32-2010 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 35 Item 9c RESOLUTION NO. 33-2010 Resolution Approving Sheppard Air Force Base Intervention Project, Approving Wichita Falls Economic Development Corporation Funding In The Amount Of Up To $30,000, Amending WFEDC Budget, And Authorizing Intervention In The Competitive Renewable Energy Zone Proceeding That Will Be Filed With The Texas Public Utilities Commission Concerning The Location Of Electric Transmission Lines In The Vicinity Of Said Base Moved by Councilor Hatcher that Resolution No. 33-2010 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9d RESOLUTION NO. 34-2010 Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors, And Amending The Budget Of Said Corporation To Account For These Expenditures Moved by Councilor Ginnings that Resolution No. 34-2010 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9e RESOLUTION NO. 35-2010 Resolution Awarding Bid For The River Road Wastewater Treatment Plant Headworks Building Motor Control Center Replacement Project (CWF09-550-15) To Davis Electric Company In The Estimated Total Amount Of$560,652.00 Moved by Councilor Roberts-Burns that Resolution No. 35-2010 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9f RESOLUTION NO. 36-2010 Resolution Approving The Rental Of The Mobile Stage At A Reduced Rate To The Founder Lions Club For Use During Their Texas Oklahoma Fair September 15-18, 2010 At The MPEC 36 Item 9f continued Moved by Councilor Elmore that Resolution No. 36-2010 be passed by inserting the figures of$250.00 and $35.00 in the blanks. That paragraph would read as follows: "The Founder Lions Club is hereby granted a reduced rental fee (assuming only one Mobile Stage setup) of$250.00 per day for the first and last rental days, and $35.00 per day for days in between, for the rental of the Mobile during its annual Texas Oklahoma Fair September 15-18, 2010, at the MPEC." Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9g RESOLUTION NO. 37-2010 Resolution Amending The City's Park, Recreation, And Open Space Plan Moved by Councilor Hatcher that Resolution No. 37-2010 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9h RESOLUTION NO. 38-2010 Resolution Authorizing The City Manager To Execute An Agreement With Insituform Technologies Inc. For Emergency Wastewater Line Repairs In The Amount Of$58, 920.00 Moved by Councilor Elmore that Resolution No. 38-2010 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None City Council recessed at 9:35 a.m. and reconvened at 9:50 a.m. Item 10a Lindsay Greer, Convention Visitor's Bureau Director, provided a report on the happenings of Convention Visitor's Bureau current and upcoming events in our City. Item 10b Councilor Roberts-Burns encouraged voters to exercise their right and vote today. Councilor Elmore echoed Councilor Roberts-Burns statement. 37 i Item 10a continued Councilor Barham also echoed Councilor Roberts-Burns statement. Councilor Barham wished all native Texans a happy Texas Independence Day. Councilor Hatcher informed that the town hall meeting for District 3 will be held March 11 at Ben Franklin Elementary, and he encouraged everyone to attend. Councilor Hatcher commented to Mr. Norman Cochran that he felt his pain because he had a similar situation with a slightly better result. Maybe we can do something better with the top soil we put back out there. He hopes this can be looked at and something be done as long as it does not break the bank. Mr. Schreiber informed that the City does put compost back out there. Councilor Hatcher encouraged voters to go vote. Councilor Ginnings quoted pertinent advise from the Times Records News, "Don't let apathy win the election". Councilor Ginnings mentioned a letter to the editor complaining about our trash collection on President's Day without adequate notice. The trash collection schedule is provided before and after a holiday; it is put on the City's website and advertised by the media. City Manager stated that the entire year's trash collection schedule is on the website. Councilor Ginnings said that it is noteworthy that when we pick up trash on federal holidays and most people are off, our people are working and it is a convenience to our residents that this takes place. He does not believe our employees deserve the criticism in the letters to the editor. He believes the convenience and effort to continue this service during holiday interruptions is commendable. I think our employees deserve an apology on that criticism. He thanked the employees for their service. Councilor Ginnings mentioned the Convention Visitor's Bureau report and perspective visitors and convention visitors; and expressed concern about the issues with the major hotel here. He asked what could be done about these concerns. City Manager stated that we work closely with the hotel managers. We can do everything right but if the attendees have a bad experience in one of the hotels it usually erases all of the good. We are aware of that and are working closely with the managers of the facilities so they understand the bind that puts us in. We will continue to meet with them and express that. Councilor Ginnings said he was surprised of the report the City Manager sent Council in another incident. He stated that the issue was not with hotels, plural, but with one major hotel. He is aware that efforts have been made and hopes we can support the conventions that our people are booking for us to create repeat business. Councilor Smith continues to receive comments about our recycling program and there are a variety of programs available. There is a publication from the League of Women Voters and Red River Sierra Club that provides all the things going on in the City. The City's website tells what we are doing to recycle. He encouraged everyone to read the League of Women Voters and Red River Sierra Club publication and check the City website to remain informed about recycling and what is happening here. Councilor Smith commented that the Library Advisory Board minutes provided interesting information. Our hats are off to Lesley Daly for cutting the Library hours on Saturday. We are now getting more people in less time at the Library; my hat is off to the Library staff. Councilor Smith informed that we have had a couple of publications go out, one is our year end review and it is a great publication. Another publication is the 2010 Visitor's Guide put out by Convention Visitor's Bureau which has all the events taking place in Wichita Falls. It helps you stay informed on what is happening. 38 Item 10a continued Councilor Smith commented that spay and neuter is part of our solution to our stray animal problem, in particular cats and dogs. He encouraged pet owners to consider getting their pets spayed and neutered. Councilor Smith wished Texas a Happy 174th Birthday. Texas' independence was declared 174 years ago. He encouraged voters to get out and vote; it is a nice coincidence that Texas Independence Day fell on the Primary Election Day. Mayor Lyne acknowledged a letter sent to Council by the City Manager regarding City employee Steve Reid, Street Maintenance Department, who returned a wallet that had been left on top of a car and run over several times. He stopped to pick it up and returned it, and the owner was very pleased to have it returned. It says a lot about the quality of people we have working for the City and I am pleased to receive this kind of letters because it affirms my conviction that we do have quality character people working for the City and we see it in all the departments at various times. It is great that we can acknowledge someone like Mr. Reid. Mayor Lyne pointed out that Council receives a weekly update on lake levels and we have received quite a bit of moisture this year which has been good. Last year Lake Kickapoo was at 44% and we are 74%; Lake Arrowhead is up 6%from last year, and Lake Kemp is up 12%. Our lakes are in good shape and that makes the whole water processing system easier and better. The moisture has benefited our lakes and I appreciate the report that was put together and provided to us. Items 11 a-11 b City Council went into Executive Session at 10:20 a.m. as authorized by Sections 551.071, 551.072 and 551.074 of the Texas Government Code. City Council reconvened at 10:59 a. m. Mayor announced that no votes or polls were taken during Executive Session. Item 12 Moved by Councilor Hatcher that Mr. Scott Stillson be appointed to Place 4 of the Landmark Commission with term to expire December 31, 2011. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Moved by Councilor Hatcher that Mr. Paul Walmsley be appointed to Place 9 of the Zoning Board of Adjustment with term to expire December 31, 2010. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Moved by Councilor Ginnings that Mr. John Fritzsch be appointed to Place 1 of the Park Board with term to expire December 31, 2011, Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 39 City Council adjourned at 11a.m. PASSED AND APPROVED this�'�day of � ,i U LANHAM L MAYOR ATTEST: ydia 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, March 2, 2010 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1 . Call To Order 2. (a) Invocation: Dr. David Hartman, Pastor First Christian Church (b) Pledge Of Allegiance 3. Presentations (a) Proclamation — Rolling Plains Chapter Texas Master Naturalist Day - Terry McKee, President; Penny Miller, Past President, Bill Setzler- Chapter Secretary, Mark Howell, Inland Fisheries Biologist; Texas Parks and Wildlife Dept. (b) Employee of the Month — Kathy Bazile, Fire Department 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 February 16, 2010 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolution Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs (Council Bill # 42) City Council Agenda Tuesday, March 2, 2010 Page 2 7. Receive Minutes (a) Library Advisory Board, December 8, 2009 (b) Animal Shelter Advisory Committee, December 17, 2009 (c) Traffic Safety Commission, January 6, 2010 (d) WF Economic Development Corp. (4A), December 17, 2009 (e) WF Economic Development Corp. (4A), December 28, 2009 (f) WF Economic Development Corp. (4A), January 19, 2010 (g) WF Economic Development Corp. (4A), February 11, 2010 (h) WF 4B Sales Tax Board, November 25, 2009 REGULAR AGENDA 8. Ordinances (a) Ordinance Appropriating $394,500 From The Water And Sewer Fund For Professional Services (Attorneys, Engineers, Travel Expenses, Consulting Experts, Court Clerk Fees, And Testifying Experts) To Be Provided For The Defense Of The MW Builders of Texas, Inc. v. City of Wichita Falls, et. al. (Council Bill # 43) (b) Ordinance Amending Section 82-163(g)(2) Of The Wichita Falls Code Of Ordinances To Increase Fees For Softball Field Rental From $25 To $50 Per Field Per Day (Council Bill # 44) 9. Resolutions (a) Resolution Authorizing Expenditure By The City Of Wichita Falls Police Department From The Seized Funds Account In The Amount of $6,015 For The Procurement Of A Wireless/Hardwired Video and Audio Receiver with DVR, 10" Monitor, and Camera Not Included In The FY 2009 / 2010 General Fund Budget (Council Bill # 45) (b) Resolution Authorizing Expenditure By The City Of Wichita Falls Police Department From The Seized Funds Account In The Amount Of $27,900 For The Purchase Of 10 In-Car Video System Upgrades (Council Bill # 46) (c) Resolution Approving Sheppard Air Force Base Intervention Project, Approving Wichita Falls Economic Development Corporation Funding In The Amount Of Up To $30,000, Amending WFEDC Budget, And Authorizing Intervention In The Competitive Renewable Energy Zone Proceeding That Will Be City Council Agenda Tuesday, March 2, 2010 Page 3 Filed With The Texas Public Utilities Commission Concerning The Location Of Electric Transmission Lines In The Vicinity Of Said Base (Council Bill # 47) (d) Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors, And Amending The Budget Of Said Corporation To Account For These Expenditures (Council Bill # 48) (e) Resolution Awarding Bid For The River Road Wastewater Treatment Plant Headworks Building Motor Control Center Replacement Project (CWF09-550-15) To Davis Electric Company In The Estimated Total Amount Of $560,652.00 (Council Bill # 49) (f) Resolution Approving The Rental Of The Mobile Stage At A Reduced Rate To The Founder Lions Club For Use During Their Texas Oklahoma Fair September 15-18, 2010 At The MPEC (Council Bill # 50) (g) Resolution Amending The City's Park, Recreation, And Open Space Plan (Council Bill # 51) (h) Resolution Authorizing the City Manager to execute an Agreement with Insituform Technologies Inc. For Emergency Wastewater Line Repairs In The Amount Of $58,920.00 (Council Bill # 52) 10. Other Council Matters (a) Staff Council Discussion • CVB Report (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Executive Sessions: (a) Executive Session in accordance with TEXAS GOVERNMENT CODE §551.071, 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 intervention in PUC competitive renewable energy zone proceeding for proposed ONCOR lines and MW Builders of Texas, Inc. v. City of Wichita Falls, et. al.). City Council Agenda Tuesday, March 2, 2010 Page 4 (b) 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: • Landmark Commission • Zoning Board of Adjustment 13. Open Session To Consider Appointments To The Following Boards And Commissions: • Landmark Commission • Zoning Board of Adjustment • Park Board 14. 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 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, March 2, 2010, Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. ADDENDUM TO REGULAR AGENDA 11. Executive Sessions: (c) 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 City-owned property adjacent to Lake Wichita). (d) 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 lease and/or value of City-owned property adjacent to Lake Wichita) 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. 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 January, 2010 at o'clock (a.m.)(p.m.). City Clerk