Loading...
Min 06/17/2008 I 347 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 17, 2008 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 - Councilors Glenn Barham - 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 Ron Barnard, Heritage Assembly of God, gave the invocation. Item 2b Councilor Barham led in the Pledge of Allegiance. Item 3 Mayor proclaimed June 28, 2008 as "Wichita Amateur Radio Day in Wichita Falls" in celebration of their 40th Anniversary. Mr. Steve Ayer, President of Wichita Amateur Radio Society, Mr. Mike Byrne, Vice President, and Mr. A..J. Byrne, Founder, were present and accepted the proclamation. Item 4a Joseph Betsinger, 4501 Huntington Lane, requested reimbursement for curb and gutter escrow that he paid in 2003 in the amount of $2008. They are selling their home and curb and gutter was never put in and this fee is no longer being charged by the City. He said that he spoke to attorney Bennett Sandlin who told him that he could not be charged for services that were not rendered. City Attorney stated that Council had created a committee to study this and Councils decision was not to refund any escrow funds that are on deposit. Mayor said that the City Attorney will talk to Mr. Sandlin and be back in touch. Ed Bond, 3411 Glenwood requested that the classification of Galveston Street off of Kell be changed from a major collector classification to a local commercial street. Mr. Dave Clark felt that this could be accommodated and will look into it. 348 Item 5 Minutes of the June 3, 2008 City Council meeting were approved as distributed. Items 6a-6e City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns 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 Items 6a —6e Minutes of the following Boards & Commissions were received. a. Animal Shelter Advisory Committee, January 8, 2008 b. Aviation Advisory Board, January 17, 2008 c. Landmark Commission, April 16, 2008 d. Traffic Safety Commission, May 7, 2008 e. Wichita Falls Arts Commission, May 15, 2008 Item 7a A public hearing was held on revisions to the 2005-2009 Public Housing Agency 5-Year Plan and Administrative Plan. Mayor declared the public hearing open. Mr. Matt Benoit informed that annually the Department of Housing and Urban Development issues fair market rents, which represents their determination of what the various bedroom sizes rent for in Wichita Falls. The City is given the discretion to set payment standards for each bedroom size between 90% and 110% of these fair market rents. In the past the City has not recommended any changes to the payment standards but this year's fair market rents reflect a 9% increase. It the City were to adopt our current payment standards, the number of families served would drop significantly. We are recommending an adjustment in the percentages assigned to the fair market rents so that the resulting payment standards ensure adequate use of the funds provided by HUD for the program. Mr. Benoit informed that we serve 910 families and there are 600 on the waiting list. He enumerated the proposed adjustments to the payment standards. Councilor Ginnings asked for the total amount of the grant. Mr. Benoit informed that the amount for housing assistance was $3.3 million and the total amount including overhead, staff, etc. was $4.2 million. Councilor Ginnings asked what the applicants are required to pay. Mr. Benoit replied that each applicant provides their gross income and they pay 30%-40% and we make up the difference; after one year they have other options. Mr. Benoit confirmed that the City does not put any City funds into this. Councilor Ginnings asked about the enforcement of criminal/felony situations. Mr. Benoit explained that they have one strike and we remove them for three years. Mayor asked for additional comments. There being none, the Mayor declared the public hearing closed. 349 Item 7b RESOLUTION NO. 87-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AMENDMENTS TO THE 2005-2009 PUBLIC HOUSING AGENCY 5-YEAR PLAN AND HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN; 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. 87-2008 be accepted. 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 ORDINANCE NO. 33-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAPPOINTING GARY BUTLER AS A SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Ordinance No. 33-2008 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 9a RESOLUTION NO. 88-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT CHANGE ORDER NO. 2 FOR THE CYPRESS WATER TREATMENT YARD PIPING PHASE 1 PROJECT (CWF03-544-23) AND ACCEPT THE CYPRESS WATER TREATMENT PLANT YARD PIPING PHASE 1 PROJECT (CWF03-544-23) AND AUTHORIZE FINAL PAYMENT TO MW BUILDERS OF TEXAS; 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. 88-2008 be passed. Motion seconded by Councilor Hatcher. Mr. Davis Powell went over the timeline of this project. Mr. Kerry Maroney, Biggs & Matthews, Primary Consultant on the Cypress Water Treatment Plant, informed that this takes on a number of projects and future projects that are pending bids. MW Builders has five contracts with the City of Wichita Falls and three of those five have been issued final payments. The two contracts left are the Phase 1 Yard Piping Project, which is the one you are addressing and taking action on today, and the fifth open contract is the Membrane Facility Project. Mr. Maroney provided detailed information on the various change orders relating to this specific project. 350 4 Item 9a continued Mayor stated that he has looked over MW Builders' power point presentation and Council cannot address everything that is on there because it is not on the agenda. He explained that the only item that can be addressed is the Phase I Yard Piping Contract because that is what is on the agenda today. Mayor offered the option of Council conducting their Executive Session at this time to allow MW Builders time on how they want to approach this. Mr. Tim Chadwick, President MW Builders, stated that their presentation this morning addressed all the contracts and the Yard Piping Contract was only one piece of the puzzle. He felt that it was necessary for the Council to look at the entire puzzle, which is what their overview consists of. Mayor reiterated that Council cannot do that under today's agenda. Also, three of the contracts have already been issued final payment which is more reason not to address the entire contract. MW Builders decided to take time to discuss their approach while Council goes into Executive Session. Mayor moved the Executive Session up to be conducted at this time. City Council went into Executive Session at 9:15 a.m. as authorized by Section 551.071 of the Texas Government Code. City Council reconvened at 10:35 a.m. Mayor announced that no votes or polls were taken during Executive Session. Item 9a City Council resumed with Item 9a. At this point Councilor Hatcher was not in attendance. Mr. Tim Chadwick introduced Mr. David Stouch with H.A. & S., a Project Management Firm out of Austin hired by MW Builders to perform an analysis on costs incurred by MW Builders at Cypress Water Treatment Plant. Mr. Chadwick also introduced Mr. Matt Sullivan, Counsel to MW Builders. Mr. Stouch gave a power point presentation of their position on liquidated damages on the project as a whole. They concluded that the Iiquated damages are not due to the City of Wichita Falls. A copy of the power point is attached hereto as Exhibit A. Mr. Chadwick thanked the Council for the opportunity to allow Mr. Stouch to make this presentation. He asked that the City reject the staff's recommendation presented to Council today. City Manager stated that their recommendation stands. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings, and Elmore Nays: None City Council recessed at 11:15 a.m. and reconvened at 11:25 a.m. 351 Item 9b RESOLUTION NO. 89-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE COLONIAL PARK DRAINAGE IMPROVEMENTS PROJECT CWF08- 442-07; 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. 89-2008 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings, and Elmore Nays: None Item 9c RESOLUTION NO. 90-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE SERVICE PLAN FOR THE PROVISION OF MUNICIPAL SERVICES FOR A PROPOSED ANNEXATION OF AN AREA GENERALLY DEFINED AS BEING SOUTH OF CENTRAL FREEWAY EAST AND EAST OF HAMMON ROAD, THAT CONTAINS THE PROPERTY COMMONLY REFERRED TO AS THE WICHITA FALLS BUSINESS PARK AND THE STANLEY TOOLS PROPERTY, AND CALLING FOR PUBLIC HEARINGS AS REQUIRED BY CHAPTER 43 OF THE TEXAS LOCAL GOVERNMENT CODE; 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. 90-2008 be passed. Motion seconded by Councilor Smith. Mr. Dave Clark requested that the following corrections be made to the 'Services To Be Provided' document under 'Development Number 1 and Number 2': Correct the Chapter from 32 to 106 and the Article IV to VI. Moved by Councilor Elmore to amend Resolution No. 90-2008 by modifying the "Services To Be Provided' document under 'Development Number 1 and Number 2' to correct the Chapter from 32 to 106 and the Article IV to VI. Those paragraphs will read as follows with the modifications: Development 1. Additional extensions of a water system shall be at the expense of the "applicant" as per Chapter 106, Article VI and the comprehensive Subdivision Ordinance of the Code of Ordinances of the City of Wichita Falls. 2. Sanitary sewer extensions shall be at the expense of the "applicant" in accordance with Chapter 106, Article VI and the Comprehensive Subdivision Ordinance of the Code of Ordinances of the City of Wichita Falls. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings, and Elmore 354 Item 9i RESOLUTION NO. 96-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, INDICATING CITY COUNCIL SUPPORT AND THE AVAILABILITY OF AN AMOUNT NOT TO EXCEED ONE HUNDRED AND NINETY THOUSAND DOLLARS ($190,000) FROM THE GENERAL FUND TO PROVIDE A REQUIRED TWENTY-FIVE PERCENT (25%) LOCAL MATCH FOR A HAZARD MITIGATION GRANT PROGRAM TO PURCHASE AND DEMOLISH DAMAGED HOMES IN THE JULY 2007 FLOOD AREA; 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. 96-2008 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings, and Elmore Nays: None Item 9k RESOLUTION NO. 97-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DESIGN TEAM OF BUNDY, YOUNG, SIMS AND POTTER AND KRAMER ONE ARCHITECTS FOR THE DESIGN AND CONSTRUCTION OVERSIGHT OF THE WICHITA FALLS POLICE DEPARTMENT FIRING RANGE; 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. 97-2008 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings, and Elmore Nays: None Item 10a Mr. Davis Powell informed that the Maplewood-Lawrence Road Project is going well and the contractors have done quite a bit of work. He announced that the North Lane of Lawrence Road will be closed beginning June 23 for one month; there will be one lane open for traffic that is north bound. He cautioned to watch out for contract workers out there. Item 10b Councilor Roberts Burns asked for an update on the Flood Control Project in District 2. Mr. Davis Powell informed that they had put the study together for flood prevention and will work towards that direction. City Manager added that the next step will be to advance into an in-depth study. We would have to put together the scope of the study first. We can have a recommendation during the budget process; however it would be for the study only. He added that this is not something that will be done in a year or two. 355 Item 10b continued Councilor Elmore would like to see something done to refund Mr. Betsinger and others. He does not see the City justifying keeping those funds. Councilor Elmore pointed out that he and Councilor Barham have the same birthday, June 11, and he wished him a Happy Birthday. Councilor Elmore mentioned that the first Citizens' Fire Academy graduation was held and he thanked the Fire Department especially Chief Davis. He encouraged everyone to participate in this very worthwhile learning experience. A dinner was held at Applebee's Restaurant and he thanked the manager and everyone for taking such good care of them. Councilor Elmore asked for an update on the Plum Creek Project wit the Corp of Engineers. Mr. Davis Powell said he would research that and get back with him. Councilor Elmore welcomed the City Manager back from his vacation. Councilor Barham thanked Mr. Jack Murphy and Mr. Davis Powell for repairing some pot holes in the cemetery; they took care of it promptly. Councilor Barham asked if the public works projects north bound on Kemp would be completed before Christmas. Mr. Powell replied that they would. City Manager added that it was written in the contract. Councilor Barham asked Staff to look into some rough street areas on 9th Street between Kemp and Hayes. Councilor Ginnings extended sympathy to the family of Charles Thomas. He remembers him as a common sense type person and supportive. Councilor Ginnings commended the Police Department for the big arrest on June 10 during a routine search warrant. He thanked them for doing a good job. Councilor Smith mentioned the feral cat problems in our City and a program that has been started by Mrs. Russell. Several of the Council members have met with them and request that an agenda item be placed on the July 15 Council agenda to see how we can deal with the feral cat colonies. Councilors Elmore and Roberts-Burns have agreed to have this placed on the July 15 agenda. We will provide more information to the Council and appropriate staff prior to that date. Councilor Smith announced that the new bus routes will begin July 7 and he is very excited about the new service. With the high fuel prices, our bus system is going to become a very important mode of transportation. Councilor Smith has received calls on the old TESCO Park and he informed that there is a part of that area that will be kept as a landscaped park setting. Councilor Smith mentioned the flood prevention process and stated that we have a long road on this and we will continue to work with City staff for the best possible solution and where to go next. We will keep District 1 and 2 involved in this process. Councilor Smith would like to ban all plastic bags in Wichita Falls; they have to be biodegradable. He asked that we keep this in mind. Mayor Lyne asked that we look at the sidewalk issue again. City Manager said that staff will take a fresh look at that. City Council adjourned at 12:40 p.m. 356 PASSED AND APPROVED this day of C' 2008. - A TEM 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 17, 2008 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: Pastor Ron Barnard Heritage Assembly Of God (b) Pledge Of Allegiance 3. Presentations Proclamation — Wichita Amateur Radio Society — 40tn Anniversary 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 3, 2008 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Animal Shelter Advisory Committee, January 8, 2008 (b) Aviation Advisory Board, January 17, 2008 (c) Landmark Commission, April 16, 2008 (d) Traffic Safety Commission, May 7, 2008 (e) Wichita Falls Arts Commission, May 15, 2008 City Council Agenda Tuesday, June 17, 2008 Page 2 REGULAR AGENDA 7. (a) Public Hearing On Revisions To The 2005-2009 Public Housing Agency 5-Year Plan And Administrative Plan (b) Resolution Approving Amendments To The 2005-2009 Public Housing Agency 5-Year Plan And Housing Choice Voucher Program Administrative Plan (Council Bill #126) 8. Ordinances Ordinance Reappointing Gary Butler As Substitute Judge Of The Municipal Court For A Term Of Two Years (Council Bill #127) 9. Resolutions (a) Resolution To Accept Change Order No. 2 For The Cypress Water Treatment Yard Piping Phase 1 Project (CWF03-544-23) And Accept The Cypress Water Treatment Plant Yard Piping Phase 1 Project (CWF03-544-23) And Authorize Final Payment To MW Builders Of Texas (Council Bill #128) (b) Resolution To Award Bid And Contract For Colonial Park Drainage Improvements Project CWF08-442-07 (Council Bill #129) (c) Resolution Accepting The Service Plan For The Provision Of Municipal Services For The Proposed Annexation Of An Area Generally Defined As Being South Of Central Freeway East And East Of Hammon Road, That Contains The Property Commonly Referred To As The Wichita Falls Business Park And The Stanley Tools Property, And Calling For Two Public Hearings On The Proposed Annexation To Be Held In July, 2008 (Council Bill #130) (d) Resolution Accepting Capital Improvement Program (CIP) Grants From The Aviation Division Of The Texas Department Of Transportation For Fuel Farm Relocation And Aircraft Parking Apron Rehabilitation And Expansion At Kickapoo Downtown Airport (Council Bill #131) (e) Resolution Authorizing Implementation Of A Passenger Facility Charge At Wichita Falls Municipal Airport (Council Bill #132) (f) Resolution Authorizing The Purchase Of A Unified Mobile Command Center For Fire And Police Emergency Incident Management From Freightliner Of Austin Through The TXMAS (Texas Multiple Award Schedule) Program (Council Bill #133) City Council Agenda Tuesday, June 17, 2008 Page 3 (g) Resolution Authorizing The City Manager To Apply For Grant Funds To The Commercial Equipment Direct Assistance Grant Program For The AN/PVS-14 Monocular Night Vision Security Kit With A Value Of $5,432.00 (Council Bill #134) (h) Resolution Authorizing The City Manager To Apply For Grant Funds To The Edward Byrne Memorial Justice Assistance Grant Program In The Amount Of $29,050.00 With Co- Applicant, Wichita County, Texas (Council Bill #135) (i) Resolution Adopting The City Of Wichita Falls Portion Of The Nortex Regional Mitigation Action Plan (Council Bill #136) (j) Resolution Indicating City Council Support And The Availability of An Amount Not To Exceed One Hundred and Ninety Thousand Dollars ($190,000.00) From The General Fund To Provide A Required Twenty Five Percent (25%) Local Match For A Hazard Mitigation Grant Program To Purchase And Demolish Damaged Homes In The July 2007 Flood Area (Council Bill #137) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Executive Session: Consultation With City Attorney As Authorized By Section 551.071 Of The Texas Government Code 12. 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. City Council Agenda Tuesday, June 17, 2008 Page 4 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 2008 at o'clock (a.m.)(p.m.). 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 17, 2008 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 9. (k) Resolution Authorizing The City Manager To Execute An Agreement With Bundy, Young, Sims and Potter Architects For The Design And Construction Oversight Of The Wichita Falls Police Department Firing Range (Council Bill #138) 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 , 2008 at o'clock (a.m.)(p.m.). City Clerk