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Min 01/02/2008 237 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 2, 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 Ray Gonzalez - Mayor Pro Tern Councilors Glenn Barham - Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore - Michael Smith - Absent Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Pastor Bob Rogers, First Assembly of God Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mr. Billy Williams, Police Impound Coordinator, was recognized as Employee of the Month for January 2008. Mayor presented Mr. Williams with a plaque, a check, and restaurant certificates. Item 4 Mary Ward, 5926 N.W. Freeway, Program Director for Wichita Falls Area Disaster Recovery, asked Council to consider giving them some start up funds to help the flood victims. Mrs. Ward informed that they are currently interviewing victims, but it will be July before they can get a grant, which will be a year after the flood. Some of these folks have lost everything and others are having to make do with only space heaters during these cold months. Item 5 Action on the December 18, 2007 Council minutes was postponed until the January 15, 2008 Council meeting. r 238 Item 6 City Manager gave a briefing on the item listed under the Consent Agenda. Moved by Councilor Barham 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, Gonzalez, and Elmore Nays: None Item 6a Minutes of the Civil Service Commission, December 18, 2007 meeting were received. Item 7a ORDINANCE NO. 1-2008 ORDINANCE AMENDING THE 2005 WICHITA FALLS THOROUGHFARE PLAN FOR THE PATRIOT PLACE SUBDIVISION (FORMERLY GUAM ESTATES), AN AREA SITUATED BETWEEN HOOPER DRIVE AND CENTRAL FREEWAY; 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 Resolution No. 1-2008 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Mayor moved Item 8 up to be considered at this time. Item 8 RESOLUTION NO. 1-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS TO FACILITATE THE EXCHANGE OF TRUSTEE PROPERTIES WITH FLOOD VICTIMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 1-2008 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Mayor informed that Council would go into Executive Session at this time and when they reconvene they will take up Items 7b and 7c. 239 Item 8 continued City Council went into Executive Session at 9:02 a.m. as authorized by Section 551.071 of the Texas Government Code. City Council reconvened at 10:05 a.m. Mayor announced that no votes or polls were taken in Executive Session. Item 7b A proposed ordinance amending Section 50-34 of the Code of Ordinances, identifying the classifications and number of positions in each classification for the Wichita Falls Fire Department was considered. Moved by Councilor Gonzalez that proposed ordinance be passed. Motion seconded by Councilor Hatcher. Moved by Councilor Barham that this item be tabled to have a meet and confer meeting with the City Manager to discuss this item. Motion seconded by Councilor Smith. Councilor Elmore proposed the following amendment to the motion to table. Moved by Councilor Elmore that if an agreement cannot be reached, by whatever means, by the January 15, 2008 Council meeting that this ordinance be placed on the January 15, 2008 Agenda for consideration by the Council. Motion seconded by Councilor Smith. Councilor Barham, who made the motion to table, and Councilor Smith, who seconded the motion to table, accepted Councilor Elmore's amendment. Motion on the amendment carried by the following vote. Ayes: Councilors Barham, Smith, Roberts-Burns, Hatcher, and Elmore Nays: Mayor Lyne and Councilor Gonzalez Motion to table as amended carried by the following vote. Ayes: Councilors Barham, Smith, Roberts-Burns, and Elmore Nays: Mayor Lyne and Councilors Hatcher and Gonzalez Item 7c A proposed ordinance authorizing certification pay for qualifying members of the Wichita Falls Police and Fire Departments was considered. City Manager recommended that based on the action tabling Item 7b that this item be tabled as well. Moved by Councilor Elmore that proposed ordinance be tabled. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 0 240 Item 9a Councilor Smith asked if flight cancellations by American Eagle had posed any great problems here and if there was a pattern. Mr. John Burrus will check into that and report back to Council. Councilor Gonzalez wished everyone a Happy New Year. He attended "First Night at the Falls" on New Year's Eve and everybody had a good time, and he hopes this event continues every year. Councilor Gonzalez expressed concern at school crossings and would like to see police officers more visible to slow down traffic. Councilor Hatcher wished everyone a Happy New Year and commented that we all made it through. Councilor Hatcher referred to the recently adopted sidewalk ordinance, and commented that it appears that most ordinances are a result of citizen complaints and that is how things happen. This sidewalk ordinance was no different because there were complaints. He felt the sidewalk ordinance recently adopted needed closer review. City Attorney stated that he would provide a memo to Council on what can and cannot be done because of State law. Then Council can discuss that. He added that roll out carts also have to be addressed. Councilor Barham wished everyone a Happy New Year. Councilor Barham asked if the intersection of Galveston and Holiday Streets could be left as a 4-way stop. Mr. John Burrus said that could be accomplished. Councilor Barham congratulated Mr. Jim Dockery on his son's performance at "First Night at the Falls". Councilor Elmore wished everyone a Happy 2008, and commented that if it goes by like 2007 it will be tomorrow and we will be doing this again. Councilor Elmore expressed concern about the recently adopted sidewalk ordinance and asked if a time fact could be added. Councilor Elmore encouraged the City to find money for the flood victims and the Wichita Falls Area Disaster Recovery Program. Councilor Roberts-Burns wished everyone a Happy New Year. Councilor Roberts-Burns also encouraged that the Disaster Recover Committee receive funds for flood victims. Councilor Roberts-Burns asked that the alley behind 606 Marconi be cleaned up. Councilor Roberts-Burns reminded everyone about the Martin Luther King Breakfast, January 19, 2008 at 8:45 at MPEC. Tickets can be purchased at the M.L.K. Center and at MPEC. Mayor Lyne encouraged people to attend the Martin Luther King Breakfast commenting that it just takes a person with vision and we appreciate Dorothy's vision and efforts. Mayor Lyne asked for an update on the MPEC sign on 5th Street. Mr. Bob Sullivan informed that they are waiting for power to be hooked up and it should be up by tomorrow. City Council adjourned at 10:25 a.m. PASSED AND APPROVED this day of 2008. 241 MACR ATT ST: 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 Wednesday, January 2, 2008 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1 . Call To Order 2. (a) Invocation: Pastor Bob Rogers First Assembly of God Church (b) Pledge Of Allegiance 3. Presentations (a) Employee Of The Month — Police — Billy Williams 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 December 18, 2007 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Civil Service Commission, October 25, 2007 City Council Agenda Wednesday, January 2, 2008 Page 2 REGULAR AGENDA 7. Ordinances (a) Ordinance Amending The 2005 Wichita Falls Thoroughfare Plan For The Patriot Place Subdivision (formerly Guam Estates), An Area Situated Between Hooper Drive and Central Freeway. (Council Bill #1) (b) Ordinance Amending Section 50-34 Of The Code Of Ordinances, Identifying The Classifications And Number Of Positions In Each Classification For The Fire Department. (Council Bill #2) (c) Ordinance Authorizing Certification Pay For Qualifying Members Of The Wichita Falls Police And Fire Departments. (Council Bill #3) 8. Resolutions A Resolution Authorizing The City Manager To Execute Necessary Documents To Facilitate The Exchange Of Trustee Properties With Flood Victims For The Purposes Of New Construction. (Council Bill #4) 9. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Executive Session (a) Consultation With City Attorney As Authorized By Section 551.071 Of The Texas Government Code. 11. Adjourn City Council Agenda Wednesday, January 2, 2008 Page 3 Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. 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 2007 at o'clock (a.m.)(p.m.). City Clerk