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Min 11/16/2010 160 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 16, 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 - Tim Ingle - Mary Ward - Jim Dockery - Assistant City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Captain Bill Shafer, Salvation Army, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Mr. Jerry Vandiver, on behalf of Keep Wichita Falls Beautiful, presented the City a Governor's Commendation Achievement Award of Excellence for preserving a clean and beautiful environment in Texas. Mayor Barham accepted the Plaque on behalf of the City. Item 3b Mayor proclaimed November 2010 as "National Home Health Month in Wichita Falls", and encouraged everyone to recognize the important role of home health care providers and thank them for their work. Item 4 Bill Scantlin and Sandi Stahr, Workforce Solutions, thanked the City for their participation in their Summer Youth Program. The City of Wichita Falls is the biggest supporter by placing over 50 youth in City jobs. They hope to continue partnering with the City. Mr. Scantlin and Ms Stahr recognized the Human Resources Division for their help and in particular Rosie Nauman, who was presented with a plaque and roses for all the work she did. 161 Item 5 Minutes of the November 2, 2010 Regular City Council meeting were approved as distributed. Items 6-7d 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 Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 6 RESOLUTION NO. 126-2010 Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors, including the Lake Wichita Dog Park Project in the amount of$10,000 Items 7a-7d Minutes of the following boards and commissions were received. (a) Traffic Safety Commission, August 4, 2010 (b) Park Board, September, 23, 2010 (c) Landmark Commission, September 30, 2010 (d) 4B Sales Tax Corporation, September 8, 2010 Item 8a ORDINANCE NO. 63-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Subsection A Of Section 6.10, "Lots And Setbacks", Of Appendix A Of The City Of Wichita Falls Code Of Ordinances To Allow Lots Separated From Public Streets Only By A Strip Of Land Used For Utility, Pipeline, Or Railroad Purposes To Be Platted Without Street Frontage Moved by Councilor Smith that the Ordinance No. 63-2010 be approved. Motion seconded by Councilor Ingle. Mr. Marty Odom, Community Development Planner, informed that a correction needed to be made to Item A. 3. by removing the words"and utility". City Attorney informed that there would be a formatting change of re-indentation to include the three exceptions. Moved by Councilor Hatcher to amend the proposed ordinance by removing the words "and utility" from Item A. 3, as well as providing for formatting and re-indentation to include the three exceptions. 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 162 Item 8a continued Main motion as amended carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 8b ORDINANCE NO. 64-2010 Ordinance Closing An Alley Consisting Of Approximately 7,500 Square Feet In The 1300 Block Of Lamar Street (in Block 215 of the Original Townsite), and authorizing the City Manager to execute all documents necessary to retain an easement over said area Moved by Councilor Roberts-Burns that Ordinance No. 64-2010 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 8c ORDINANCE NO. 65-2010 Ordinance Closing, Abandoning, And Vacating A Previously Dedicated 30-Foot Drainage Easement Located Behind 4806 Royal Oak Street Consisting Of Approximately 2,520 Square Feet, And A 10-Foot Utility Easement Located Across The Back Portion Of 4806 Royal Oak Street Consisting Of Approximately 840 Square Feet, In Lot 4, Block 13, Sikes Estates Section F-2 Addition Moved by Councilor Ammons that Ordinance No. 65-2010 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and Ward Nays: None Item 8d ORDINANCE NO. 66-2010 Ordinance Amending the Composition of Board of Directors of Tax Increment Financing District, Reinvestment Zone#2 Moved by Councilor Hatcher that Ordinance No. 66-2010 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 163 Item 9a RESOLUTION NO. 127-2010 Resolution Awarding Bid For The 2011 Street Crack Seal Project (CWF11-100-01) to JLT Corporation, In An Estimated Total Amount Of $124,319 Moved by Councilor Roberts-Burns that Resolution No. 127-2010 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 9b RESOLUTION NO. 128-2010 Resolution Awarding Bid For The Rehabilitation Of Lift Station No. 17, (CWF10-550-11) To Bowles Construction Company, In An Estimated Total Amount Of$121,000 Moved by Councilor Ammons that Resolution No. 128-2010 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. 129-2010 Resolution Of The City Of Wichita Falls, Texas, Authorizing the Cities Aggregation Power Project, Inc. (CAPP) To Negotiate An Extension To The Current Electric Supply And Necessary Related Services Agreement With Next Era For A Fixed Price Per Kwh That Is Lower Than Contract Rates For 2011-2013, Said Extension To Continue Until December 31, 2018; Authorizing CAPP To Act As An Agent On Behalf Of The City To Enter Into A Contract For Electricity; Authorizing The Chairman Of CAPP To Execute An Extension To The Current Electric Supply Agreement For Deliveries Of Electricity Effective January 1, 2011 Or As Soon After Finalization Of A Contract As Possible; Committing To Budget For Energy Purchases And To Honor The City's Commitments To Purchase Power Through CAPP For Its Electrical Needs Through December 31, 2018 Moved by Councilor Hatcher that Resolution No. 129-2010 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 Item 10a There were no staff reports. 164 Item 10b Council members brought up the following matters. Councilor Ammons: Wished everyone a Happy Thanksgiving. Councilor Ingle: a) Thanked City Attorney and his staff for their good work. b) Asked for an update on the Fire Academy applicants. Fire Chief Foster provided an update. c) Continued utilization of MSU interns at the City Councilor Hatcher: a) Harrell Street Residents concerned about emergency vehicles maneuvering the narrow street when vehicles are parked on both sides between Peckham and Glenwood. Staff will check into that. b) Wesley United Methodist Church pancake feed December 4; he has tickets. c) Legal left turn on red at Arby's Councilor Smith: a) Media event this Thursday at 10:00 a.m. for the new"Touring Wichita Falls History" Brochure at the Museum of North Texas History. b) Fire Department held a high rise fire drill down town and it was very successful and well done. Councilor Ward: a) District 5 area around SAFB near the gate needs to be addressed; the area is not well kept. She requested it be placed on a future agenda. b) District 5 has only two parks and a lot of land; she would like for Jack Murphy to consider that area for future parks. Councilor Roberts-Burns: a) Complaints about two trains halting traffic on 7th Street for 30-40 minutes. She thinks something can be done about that. Mayor Barham; Wished everyone a Happy Thanksgiving Day and encouraged everyone that was traveling to travel safe. Item 11 City Council adjourned 9:33 a.m. PASSED AND APPROVED this day of A o��� 2010. C�_Q� L0.4 - - 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 * . • �L � Rick Hatcher, District 3 of A Tim Ingle, District 4 T E X A S Mary Ward, District 5 B/u�Skie,Cr�/dero 0��o-rJ'un��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, November 16, 2010 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Captain Bill Shafer Salvation Army (b) Pledge Of Allegiance 3. Presentations (a) Presentation - Certificate - Keep Wichita Falls Beautiful (b) Proclamation — National Home Health Care Month 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 The November 2, 2010 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolution Approving The Programs And Expenditures Of The #189 Wichita Falls 4B Sales Tax Corporation Board Of Directors, Including The Lake Wichita Dog Park Project In The Amount Of $10,000 City Council Agenda Tuesday, November 16, 2010 Page 2 7. Receive Minutes (a) Traffic Safety Commission, August 4, 2010 (b) Park Board, September 23, 2010 (c) Landmark Commission, September 30, 2010 (d) 4B Sales Tax Corporation, September 8, 2010 REGULAR AGENDA 8. Ordinances (a) Ordinance Amending Subsection A Of Section 6.10, #190 "Lots And Setbacks", Of Appendix A Of The City Of Wichita Falls Code Of Ordinances To Allow Lots Separated From Public Streets Only By A Strip Of Land Used For Utility, Pipeline, Or Railroad Purposes To Be Platted Without Street Frontage (b) Ordinance Closing An Alley Consisting Of #191 Approximately 7,500 Square Feet In The 1300 Block Of Lamar Street (In Block 215 Of The Original Townsite), And Authorizing The City Manager To Execute All Documents Necessary To Retain An Easement Over Said Area (c) Ordinance Closing, Abandoning, And Vacating A #192 Previously Dedicated 30 Foot Drainage Easement Located Behind 4806 Royal Oak Street Consisting Of Approximately 2,520 Square Feet And A 10 Foot Utility Easement Located Across The Back Portion Of 4806 Royal Oak Street Consisting Of Approximately 840 Square Feet, in Lot 4, Block 13, Sikes Estates Section F- 2 Addition (d) Ordinance Amending the Composition of Board of #193 Directors of Tax Increment Financing District, Reinvestment Zone #2 9. Resolutions (a) Resolution Awarding Bid For The 2011 Street Crack Seal #194 Project (CWF11-100-01) To JILT Corporation, In An Estimated Total Amount Of$124,319 (b) Resolution Awarding Bid For The Rehabilitation Of Lift #195 Station No. 17, (CWF10-550-11) To Bowles Construction Company, In An Estimated Total Amount Of$121,000 City Council Agenda Tuesday, November 16, 2010 Page 3 (c) Resolution Authorizing The Cities Aggregation Power #196 Project, Inc. (CAPP) To Negotiate An Extension To The Current Electric Supply And Necessary Related Services Agreement With Next Era For A Fixed Price Per kWh That Is Lower Than Contract Rates For 2011-2013, To Continue Until December 31, 2018; Authorizing CAPP To Act On Behalf Of The City To Enter Into A Contract For Electricity; and Committing To Budget For Energy Purchases Through December 31, 2018 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 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. 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