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Min 01/20/2009 498 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 20, 2009 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 Charles Elmore - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Jim Ginnings - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Pastor Tim Wheat, Colonial Baptist Church, gave the invocation. Item 2b Councilor Barham led in the Pledge of Allegiance. Mayor Lanham Lyne received a presentation from Harlem Globetrotter "Hot Shot" Barnes. "Hot Shot" Barnes presented Mayor Lyne with a "General's jersey in the green and gold colors of Baylor, Mr. Barnes Alma Mater. "Hot Shot" stated that the game would be February 2, 2009 at MPEC, and he wished the Mayor luck as they play against the Harlem Globetrotters. Item 3 Mrs. Cynthia Laney, Director Downtown Wichita Falls, enumerated the problems with the "after hours clubs", operating downtown, and gave Council a list of suggestions to help address those problems. Some of the problems were that establishments are busier after 2 a.m., loud noise, partying in the streets, next day clean up and trash removal, illegal parking on private lots with no regard to rules or public safety, hostile environment, tarnished image and security of downtown. Mrs. Laney's suggestions are on file in the City Clerk's Office. Mayor stated that the City Manager, City Attorney, Police Chief and he will discuss this matter, as well as current ordinances. 499 Item 4 . Minutes of the January 06, 2009 Council meeting were approved as distributed. Item 5 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 Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 5a RESOLUTION NO. 06-2009 RESOLUTION AWARDING FINAL PAYMENT TO WILSON CONTRACTING FOR COMPLETION OF THE AIRFIELD SECURITY FENCING PROJECT AT KICKAPOO DOWNTOWN AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 5b RESOLUTION NO. 07-2009 RESOLUTION AWARDING FINAL PAYMENT TO LANCO TURF & SEEDING FOR COMPLETION OF THE A-4 CONNECTOR PROJECT AT KICKAPOO DOWNTOWN AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW, Item 6 Minutes of the following Boards were approved. (a) Library Board, September 23, 2008 (b) Library Board, October 28, 2008 (c) Wichita Falls 4B Sales Tax Corporation, October 13, 2008 Item 7a ORDINANCE NO. 08-2009 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SUCH CERTIFICATES; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING AN OFFICIAL STATEMENT; DECLARING AN EMERGENCY; DECLARING AN EFFECTIVE DATE; AND AUTHORIZING AND ENACTING OTHER MATTERS AND PROVISIONS RELATING TO THE SUBJECT. Moved by Councilor Barham that Ordinance No. 08-2009 be passed. Motion seconded by Councilor Elmore. Murphy Davis, City's Financial Advisor, provided detailed information on the interest rates, insurance, and the City's rating Motion carried by the following vote. 500 'Item 7a continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 7b ORDINANCE NO. 09-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT REVENUE FROM THE FEDERAL AVIATION ADMINISTRATION FOR ENGINEERING/DESIGN FOR RUNWAY 17/35 REHABILITATION AND MASTER PLAN/TERMINAL AREA LAYOUT WORK FOR WICHITA FALLS MUNICIPAL AIRPORT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Ordinance No. 09-2009 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 8a RESOLUTION NO. 08-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE 2008-2009 BUDGET OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION FOR PROJECTS RELATED TO PRATT WHITNEY CANADA, COMMUNITY WIDE MARKETING AND A NEW MISSION AT SHEPPARD AIR FORCE BASE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 08-2009 be passed. Motion seconded by Councilor Smith. Mr. Robert Kirsch, General Manager for Pratt Whitney Canada, provided information on their Water Jet Stripping System and related improvements; Mr. Tim Chase, BCI, reported on the community wide marketing program; and Mrs. Kay Yeager, Sheppard Military Affairs Committee Chair, explained on the improvements to Sheppard Air Force Base for a cyber training mission. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 501 Item 8b RESOLUTION NO. 09-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A BOND PAYMENT AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AND THE WICHITA FALLS 413 SALES TAX CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 09-2009 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 Mayor Lyne informed that the City Council would recess and then go into Executive Session. City Council recessed at 9:35 a.m. Item 10a City Council went into Executive Session at 9:56 a.m. to deliberate regarding the appointment of an Acting City Attorney as authorized by Section 551.074 of the Texas Government Code. Item 10b City Council remained in Executive Session to discuss the evaluation of the City Clerk as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:07a.m. Mayor announced that no polls or votes were taken during Executive Session. Item 8h was moved up on the agenda and considered at this time. Item 8h RESOLUTION NO 15-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING AN ACTING CITY ATTORNEY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 15-2009 be passed appointing Mrs. Julia Vasquez as Acting City Attorney effective at 5 p.m. January 30, 2009. 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 502 Community Development Director Dave Clark stated that he agreed with Mr. Tim Chase's comments about the Mr. Bill Sullivan, City Attorney. He makes things work and I am sorry to see him go. He has been the best City Attorney of all the places I have been. Item 8c RESOLUTION NO. 10-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A FERRARA FIRE AERIAL TRUCK FROM HALL MOTORS THROUGH HOUSTOW GALVESTON AREA COUNCIL COOPERATIVE PURCHASING PROGRAM, IN THE AMOUNT OF $916,548.04; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 10-2009 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 Item 8d RESOLUTION NO. 11-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ROUTING SYSTEM SOFTWARE FROM ROUTSMART TECHNOLOGIES, INC., IN THE AMOUT OF $62,500.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that No. 11-2009 be passed. 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 Item 8e RESOLUTION NO. 12-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN EXPENDITURE BY THE WICHITA FALLS POLICE DEPARTMENT FROM THE SEIZED FUNDS ACCOUNT FOR A ONE-TIME EXPENDITURE OF $8,500.00 FOR THE PURCHASE OF A UPS BACKUP SYSTEM AND INSTALLATION OF THE WIRELESS ACCESS POINTS FOR THE NEW DIGITAL CAMERA SYSTEM, DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No.12-2009 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 503 Item 8e continued ' Nays: None Item 8f RESOLUTION NO. 13-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AN ENGINEERING SERVICES CONTRACT WITH CAMP, DRESSER & MCKEE FOR THE DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF LAKE ARROWHEAD RAW WATER LINE PHASE 1 PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 13-2009 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 8g RESOLUTION NO. 14-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING RENEWAL AND EXTENSION OF THE CONTRACT FOR OPERATION AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS BY THE CITY OF WICHITA FALLS AND THE WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 14-2009 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 10:45 for the Presidential Inauguration. City Council reconvened at 11:10 a.m. Item 9a The Staff presentation on Graffiti Abatement Implementation was postponed until the Strategic Planning meeting January 21, 2009. 504 ' Item 9b Councilor Smith congratulated President Obama and Vice President Biden and our Country, and wished good luck to us as a Nation. Councilor Ginnings informed that they had a good Neighborhood Watch sign up on the 131h. Next District 4 Town Hall Meeting will be June 4 at Heritage Church on Southwest Parkway. Councilor Ginnings informed that there was a pile of brush at the 5400 block of Taft on the south side of the street between South Shepherds Glenn and Maplewood. Councilor Ginnings thanked Staff for timely responses on his inquiries on various items and citizen questions and items. Councilor Ginnings mentioned that Rider High School had two students that achieved All State Band, one of which has been All State four years in a row. Councilor Hatcher mentioned that the student, Stephanie Ginnings, was Councilor Ginnings' granddaughter, Councilor Hatcher thanked City Attorney Bill Sullivan for all he has done. Councilor Hatcher thanked Mr. Jim Dockery, Finance Director, and City Manager Darron Leiker for the way they are financially running the City; it is a tremendous help when you obtain these bonds and end up with a better rating because of the way we try to operate our City. Councilor Hatcher added his appreciation to Councilor Roberts-Burns for the Martin Luther King Prayer Breakfast. Councilor Hatcher informed that they had a Neighborhood Watch meeting in his neighborhood and he thanked Officer Jeff Hughes for helping them get it set up. Councilor Hatcher informed that the new lights are up on Taft Blvd. between Midwestern State University and Midwestern Parkway. The reason they are running all the time is because they are in the "burn-in" period. Along those same thoughts, people in that neighborhood would like to have some of the old lights put in the areas in their neighborhood where it is very dark. Colonial Park Project is slowly coming along, putting blacktop on Haiti and working towards Nassau Street. Councilor Hatcher gave a huge thank you to the Military Affairs Committee in what they are trying to help us do. He cautioned the people in San Angelo because we need the Cyber Training Mission. He is disappointed in our state representation in Washington that they did not fall on our side as opposed to being even. I know Texas is Texas but San Angelo was the only one that was not touched by BRAC. Councilor Barham thanked Councilor Roberts-Burns for the Martin Luther King Prayer Breakfast. He congratulated Assistant City Manager Matt Benoit and Martin Luther King Center Coordinator Larry Nash for their children's speeches, Madelyn Benoit and Aeneus Nash, at the Martin Luther King Prayer Breakfast; they did an excellent job. This speaks well of their families. Councilor Barham mentioned that Leadership Wichita Falls had its orientation last Saturday and two City staffers are participating in Leadership - Russell Schreiber, Public Works Director, and Lou Franklin, Health Director. Councilor Elmore stated that Mr. Aeneus Nash is obviously going to be a future guest speaker at the Martin Luther King Prayer Breakfast; he did a wonderful job. Councilor Elmore referred to the after hours problems downtown and stated that there is an unfortunate perception within the City that downtown is not a safe place and we do not need anything downtown to increase that perception. He would like to see the City do something about that as quickly as we can because it is a place where people can and should go downtown. Councilor Elmore congratulated everyone. 505 Item 9b continued Councilor Roberts-Burns thanked everyone who helped with the Martin Luther King Prayer Breakfast; she especially thanked Public Information for the excellent sound system. Mayor Lyne mentioned that we have a new calendar of winter events and they can be obtained at City Hall and at MPEC. The new full slate of winter events is coming all winter long. Mayor Lyne mentioned that the peaceful change of government from one President to another is highly unique. There is no other place in the world that happens as smoothly and as seamlessly as in the United States of America, and we should all be proud of that. We should all pray for our President whether we agree or disagree with policies. He needs our prayers and our guidance and seeking of wisdom for him. I wish him well. City Council adjourned at 11:15 a.m. PASSED AND APPROVED this d y of - 2009. i MAYOR ATTEST: 4 ydia Ozuna QC ity 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, January 20, 2009 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 Tim Wheat, Pastor Colonial 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 January 6, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 5. Resolutions (a) Resolution Awarding Final Payment To Wilson Contracting For Completion Of The Airfield Security Fencing Project At Kickapoo Downtown Airport (Council Bill #14) (b) Resolution Awarding Final Payment To LANCO Turf & Seeding For Completion Of The A-4 Connector Project At Kickapoo Downtown Airport (Council Bill #15) 6. Receive Minutes (a) Library Board, September 23, 2008 (b) Library Board, October 28, 2008 (c) Wichita Falls 413 Sales Tax Corporation, October 13, 2008 City Council Agenda Tuesday, January 20, 2009 Page 2 REGULAR AGENDA 7. Ordinances (a) Ordinance Authorizing The Issuance And Sale Of Combination Tax And Revenue Certificates Of Obligation, Levying An Annual Ad Valorem Tax And Providing For The Security For And Payment Of Such Certificates (Council Bill #16) (b) Ordinance Making An Appropriation To The Special Revenue Fund For Grant Revenue From The Federal Aviation Administration For Engineering/Design For Runway 17/35 Rehabilitation and Master Plan/Terminal Area Layout Work for The Wichita Falls Municipal Airport (Council Bill #17) 8. Resolutions (a) Resolution Amending The 2008-2009 Budget Of The Wichita Falls Economic Development Corporation For Projects Related To Pratt Whitney Canada, Community Wide Marketing And A New Mission At Sheppard Air Force Base (Council Bill #18) (b) Resolution Approving A Bond Payment Agreement Between The Wichita Falls City Council And The Wichita Falls 4B Sales Tax Corporation (Council Bill #19) (c) Resolution Authorizing The Purchase Of A Ferrara Fire Aerial Truck From Hall Motors Through Houston-Galveston Area Council Cooperative Purchasing Program, In The Amount Of $916,548.04 (Council Bill #20) (d) Resolution Authorizing The Purchase Of Routing System Software From RouteSmart Technologies, Inc., In The Amount Of $62,500.00 (Council Bill # 21) (e) Resolution Authorizing Expenditure By The Wichita Falls Police Department From The Seized Funds Account In The Amount Of $8,500.00, For The Purchase Of A UPS Backup System And Installation Of The Wireless Access Points For The New Digital Camera System (Council Bill #22) (f) Resolution Approving An Engineering Services Contract To Camp Dresser & McKee, Inc. For The Development Of Plans And Specifications For The Rehabilitation Of Lake Arrowhead Raw Water Line Phase 1 Project (Council Bill #23) City Council Agenda Tuesday, January 20, 2009 Page 3 (g) Resolution Approving Renewal And Extension Of The Contract For Operation And Maintenance Of Jointly Owned Lake And Canal Systems By The City Of Wichita Falls And The Wichita County Water Improvement District No. 2 (Council Bill #24) (h) Resolution Appointing An Acting City Attorney (Council Bill #25) 9. Other Council Matters (a) Staff Council Discussion 1) Staff presentation On Graffiti Abatement Implementation (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Executive Session (a) Deliberation Regarding The Appointment Of An Acting City Attorney As Authorized By Section 551 .074 Of The Texas Government Code (b) Evaluation of the City Clerk as authorized by Section 551.074 of the Texas Government Code. 11 . 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. 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 , 2009 at o'clock (a.m.)(p.m.). City Clerk