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Min 11/06/2007 193 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 6, 2007 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 Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore - Glenn Barham - Absent Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Pastor Lukus Counterman, Messiah Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 Mr. David Johnston, Accountant III, Accounting & Finance, was recognized as Employee of the Month for November 2007. Mayor presented Mr. Johnston with a plaque, a check, and restaurant certificates. Item 4 Gary A. Johnson, 1803 11 h Street, expressed concern about the Sheppard AFB A-76 Privatization Review and asked Council to contact their congressmen and congressional leaders that SAFB be accountable to the citizens of Wichita Falls and the County. Cynthia Jackson, 2719 Palmetto, expressed concern about the impact the Sheppard AFB A-76 Privatization Review has had locally and in this State. She asked Council to talk to the congressional leaders and find out what is happening out there at SAFB. She asked for help like the City had done during BRAC. Larry Sosebee, 3500 Cumberland, expressed concern on the impact of the Sheppard AFB A-76 Privatization Review in that it will take jobs out of our community and away from our sons and daughters. 194 Item 4 continued Rev. Pamela Carter, P.O. Box 2066, 813 8th Street, Suite 600, asked that Council and the citizens support their third annual Sweet 16 Day Banquet that is being held December 1, 2007 at 6 p.m. at Luby's Cafeteria. This is an opportunity to recognize outstanding women in our community. She invited everyone to attend. Item 5 The Minutes were approved as corrected. Items 6a-7f City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Elmore questioned why the purchases were on the Consent Agenda. City Manager explained that those items have already been budgeted and are within the budget or slightly above. If it is something Council has not seen before we put it on the Regular Agenda. Moved by Councilor Hatcher that the Consent Agenda be approved. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6a RESOLUTION NO. 157-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE NORMANDY/BRISTOL DRAINAGE PROJECT AND AUTHORIZE FINAL PAYMENT TO BOWLES CONSTRUCTION CO.: FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6b RESOLUTION NO. 158-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TORO GROUNDSMASTER MOWERS THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM FROM PROFESSIONAL TURF PRODUCTS., IN THE AMOUNT OF $108,932.75; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6c RESOLUTION NO. 159-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A CASE BACKHOE WITH HYDRAULIC HAMMER THROUGH HOUSTON-GALVESTON AREA COUNCIL (HGAC) PURCHASING COOPERATIVE, FROM CONSTRUCTION AGRICULTURAL SUPPLY IN THE AMOUNT OF $74,077.75.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 195 Item 6d RESOLUTION NO. 160-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A GRADALL EXCAVATOR THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM FROM CONTINENTAL EQUIPMENT/HI-WAY EQUIPMENT, IN THE AMOUNT OF $232,576.09; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Items7a-7f Minutes were received from the following Boards and Commissions. (a) Water Resources Commission, March 21, 2007 (b) Library Advisory Board, May 22, 2007 (c) Civil Service Commission, June 1, 2007 (d) Park Board, August 23, 2007 (e) Traffic Safety Commission, September 5, 2007 (f) Park Board, September 27, 2007 Item 8a ORDINANCE NO. 96-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING APPENDIX B ZONING, AT SECTION 5920 LIMITED MULTIFAMILY RESIDENTIAL REGULATIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Ordinance No. 96-2007 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8b ORDINANCE NO. 97-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, OFFICE OF DOMESTIC PROGRAM FOR THE 2007 HOMELAND SECURITY GRANT AND MAKING BUDGETARY APPROPRIATIONS IN THE SPECIAL REVENUE FUND OF THE CITY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Ordinance No. 97-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 196 Item 8c ORDINANCE NO. 98-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES AT CHAPTER 2, ADMINISTRATION, ARTICLE III, BOARDS, COMMITTEES AND COMMISSIONS, BY THE ADDITION OF DIVISION 11, EMERGENCY MEDICAL SERVICES ADVISORY BOARD; PROVIDING FOR THE CREATION OF THE BOARD; PROVIDING FOR INCLUSION IN THE CODE; 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. 98-2007 be passed. Motion seconded by Councilor Gonzalez. Councilors Roberts-Burns and Gonzalez agreed to include in their motion that approval of this ordinance would be contingent upon approval by the other entities, City of Burkburnett, City of Iowa Park and Wichita County. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council recessed at 9:20 a.m. and reconvened at 9:30 a.m. Item 9a RESOLUTION NO. 161-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING GRANTS FROM THE HOTEL/MOTEL FUND FOR ARTS AND HISTORIC PRESERVATION PURPOSES TO TWELVE LOCAL ORGANIZATIONS; 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. 161-2007 be passed. Motion seconded by Councilor Hatcher Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9b RESOLUTION NO. 162-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE CYPRESS WATER TREATMENT PLANT SITE CIVIL AND COMMUNICATIONS IMPROVEMENTS PROJECT CWF07- 544-13; 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. 162-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore 197 Item 9b continued Nays: None Item 9c RESOLUTION NO. 163-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE SECONDARY RESERVOIR CHLORINE DIOXIDE FACILITY IMPROVEMENTS PROJECT CWF07-5504-24; 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. 163-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9d RESOLUTION NO. 164-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN INCREASE IN THE DAILY RATE PAID TO WICHITA COUNTY FOR THE HOUSING OF CITY PRISONERS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Gonzalez that Resolution No. 164-2007 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9e RESOLUTION NO. 165-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS; 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. 165-2007 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 198 Item 10a Mr. Dave Clark provided information on the status of demolition of structures; he provided Council a memo on this today. Mr. Clark invited Council to accompany staff next Tuesday and Wednesday on a search warrant review for educational purposes. Council can contact Bobby Teague to make the necessary arrangements. Mr. Clark informed that November 12, 2007 the City is hosting a public meeting at 5:30 p.m. at MPEC for further input into the Comprehensive Planning process. There are three elements they have been working on — 1) Defense Diversification Plan, 2) Downtown Development, and 3) Local updates — zoning considerations and recreation things that Council has had interest in. This will be posted as a Council meeting. Mr. Clark gave a progress report on the flood recovery effort. They continue to work with FMEA, HUD and the Governor's Office of Mitigation in an effort to seek funding for flood recovery. He noted that this is a much longer process than people would want it to be and it may be five or six months before we hear any response to this. There is a lot of work involved in this. Item 10b Councilor Smith gave kudos to the City View High School who went to the State University Interscholastic League Marching Band Contest and did very well. He expressed appreciation to all those students, their Band Director Tara Shawver, and Assistant Band Director Charles Gregory. They did a great job. Councilor Smith mentioned that he would like to bring up a branch library for Council consideration at the 2008 Strategic Planning Meeting. He felt that there is a need for a branch library and would like to pursue this with Library staff, City Manager and Assistant City Manager. He will bring more information to the Council. Councilor Smith referred to a brochure that will be provided to Council on the North Texas History Museum. They are getting ready to take off and have many plans for the Museum. This is a great asset in downtown Wichita Falls and he encouraged everyone to attend; they have ongoing projects on display. Councilor Smith asked for an update on the reverse osmosis plant. Mr. Scott Taylor stated that the contractor is currently working on the punch list that was sent to him and he has thirty days to provide the schedule. There are a lot of subcontractors involved in getting those scheduled and there are other issues which Mr. Taylor has addressed in a letter to the contactor and that will be addressed as well. Councilor Gonzalez thanked Mrs. Lou Franklin, Health Department Director, and her department for working with the Wichita Falls Independent School District in providing training on staph infections. It is not just in the School District but there is a rash of that throughout the community. He was glad they provided that training. Councilor Gonzalez expressed appreciation to Mrs. Franklin, Health Director, for taking care of the problem with tires &trash in those different locations he had mentioned to her. Councilor Gonzalez thanked Police Chief Bachman for taking care of that problem in the neighborhood that he mentioned to him. Councilor Hatcher mentioned that he had gone to Abilene a couple of weeks ago and they have a great thing they do with their convention center. He will give Mr. Bob Sullivan, MPEC Director, a map from Abilene's Convention & Visitor's Bureau that has their major attractions there. Councilor Hatcher referred to an article in the Texas Highways Magazine that had some good things to say about Wichita Falls and the various attractions here. Many people do not realize what we have available here and there is a lot to do here. We have a great community. Councilor Hatcher mentioned that Comedian Jerry Seinfeld was coming to perform in Wichita Falls. He reminded everyone that the country music group Sugarland would be at MPEC this Friday and suggested that all those folks attending the Wichita Falls High School- Rider game also purchase tickets to attend the Sugarland event. People need to support these events. 199 Item 10b continued Councilor Elmore thanked the Police Department and Mr. Doug Williams, Impound Supervisor, for the manner in which they handled a situation that involved a stolen vehicle, owned by a friend of his. Mr. Williams was very helpful and cordial to Councilor Elmore's friend whose vehicle was stolen. He commended the Police Department and Mr. Williams. Councilor Elmore asked for an update on the survey relating to the Plum Creek box culverts. Mr. Scott Taylor informed that it was an ongoing design project and he has not received anything from the consultant yet identifying what improvements or changes need to be made there. It is scheduled to bid in late spring or early summer. Councilor Elmore noted that it had worked well during the 2007 flood and he was pleased with it. Councilor Elmore mentioned the sidewalk repair at the corner of City View and U.S. 287 and asked why we did not put in wheelchair excess. He suggested that when we put in a corner sidewalk that we put in a wheelchair access. Mr. Scott Taylor informed that he needs to check on that sidewalk repair job because part of that is in TXDOT right-of-away, and that may have been one of the issues. He informed that when the City does corner curbs sidewalk repairs we do include wheelchair access. Councilor. Elmore thanked Councilor Smith for mentioning the Museum of North Texas History; it is the best kept secret and everybody needs to see it. Councilor Elmore thanked the Police Department for the work they did on Pearl Street and he would like to see some pressure continued in that area. Councilor Elmore referred to the "Welcome to Wichita Falls" sign coming into our City from Dallas, and he would like to see something similar on 1-44 coming into our City. He would like to see those kind of signs in areas coming into Wichita Falls. Councilor Roberts-Burns expressed appreciation to Mr. Scott Taylor for the work done on Normandy and Bristol. The project is almost complete and it looks good. Councilor Roberts-Burns mentioned that Lawton had passed a no trick or treating policy past 9:00 p.m. and she would like for our City to consider this option for next year. Councilor Roberts-Burns asked for an update on the River Road Project. Mr. Scott Taylor informed that it is still under construction. He has sent a memo to the City Manager because they are having issues with the contractor and we clearly have the specifications that are backing us up on some of those issues. Progress is slower than we would like, but we have notified the contractor about that and we hope to see an increase on activities. There is still a lot of work to be done and we continue to stay on top of the contractor and try to keep him moving along. Mayor Lyne read a letter from Sheppard Air Force Base Vice Commander Col. Kris Beasley extending appreciation on behalf of the 82"d Security Forces Squadron and Sheppard Air Force Base to the Police Department and Officer Steve Beggs. Officer Beggs provided active shooter training on tactics, techniques, and procedures to Sheppard Air Force Base Security Personnel. Col. Beasley noted that this event was an excellent example of the support SAFB receives from the City of Wichita Falls and the surrounding communities. We look forward to continuing the great working relationship and camaraderie that SAFB has established with the City of Wichita Falls, their Police Department, and the surrounding communities. Mayor Lyne will pass this letter on to Police Chief Bachman. Mayor commented that SAFB really appreciates what we and the surrounding communities do for them. Mayor Lyne asked Mrs. Lou Franklin, Health Director, for an update on the flu shots. Mrs. Franklin informed that the Health Department still has flu shots available at the Health Department Monday through Friday. They also have an outreach campaign to go into the community and give flu shots. It is very important that everyone get a flu shot. Mrs. Franklin thanked Mr. John Burrus, Director of Aviation, Traffic, and Transportation, and everyone who helped them with the Flu Clinic on McNeil Street. Mayor Lyne encouraged everyone to attend the Veterans Day Parade on Saturday at 11:00 a.m. It is a great way to honor our veterans and our current soldiers as well. Mayor Lyne thanked the Police Department for working with the Wichita Falls Independent School District on the upcoming WFHS-Rider game in an effort to reduce the things that tend to get out of hand during rival games. 200 Item 10b continued Mr. David Clark, Community Development Director, informed that the FEMA website has an article about the City of Wichita Falls and the effective use of the software used for the determination of flood damage. Mr. Bobby Teague, Building and Code Administrator, has been invited by the International Code Council to attend their national conference to discuss the software use and its effectiveness. City Council adjourned at 10:25 a.m. PASSED AND APPROVED thiscD�L_day of November, 2007. MAYOR 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, November 6, 2007 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 Lukus Counterman Messiah Baptist Church (b) Pledge Of Allegiance 3. Presentation - Employee Of The Month — Accounting & Finance — David Johnston 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 October 16, 2007 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolutions (a) Resolution To Accept The Normandy/Bristol Drainage Project, And Authorize Final Payment To Bowles Construction Co. (Council Bill #256) (b) Resolution Authorizing The Purchase Of Various Size Toro Mowers Through The BuyBoard Cooperative Purchasing Program From Professional Turf Products (Council Bill #257) City Council Agenda Tuesday, November 6, 2007 Page 2 (c) Resolution Authorizing The Purchase Of A CASE Backhoe With Hydraulic Hammer from Construction Agricultural Supply Through Houston-Galveston Area Council (HGAC) Purchasing Cooperative (Council Bill #258) (d) Resolution Authorizing The Purchase Of A Gradall Excavator Through The Houston-Galveston Area Council Of Governments Cooperative Purchasing Program From Continental Equipment/Hi-Way Equipment (Council Bill #259) 7. Receive Minutes (a) Water Resources Commission, March 21 , 2007 (b) Library Advisory Board, May 22, 2007 (c) Civil Service Commission, June 1 , 2007 (d) Park Board, August 23, 2007 (e) Traffic Safety Commission, September 5, 2007 (f) Park Board, September 27, 2007 REGULAR AGENDA 8. Ordinances (a) Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Appendix B Zoning, At Section 5920 Limited Multifamily Residential Regulations (Council Bill #260) (b) Ordinance Accepting Grant Funds From The U.S. Department Of Homeland Security For The 2007 Homeland Security Grant And Making Budgetary Appropriations In The Special Revenue Fund In The Amount Of $422,607.00 (Council Bill #261 ) (c) Ordinance Amending The Code Of Ordinances At Chapter 2, Administration, Article III, Boards, Committees And Commissions, By The Addition Of Division 11 , Emergency Medical Services Advisory Board (Council Bill #262) 9. Resolutions (a) Resolution Awarding Grants From The Hotel/Motel Fund For Arts And Historic Preservation Purposes To Twelve Local Organizations (Council Bill #263) City Council Agenda Tuesday, November 6, 2007 Page 3 (b) Resolution To Award Bid And Contract For The Cypress Water Treatment Plant Site Civil And Communications Improvements Project CWF07-544-13 (Council Bill #264) (c) Resolution To Award Bid And Contract For The Secondary Reservoir Chlorine Dioxide Facility Improvements Project CWF07-550-24 (Council Bill #265) (d) Resolution Approving An Increase In The Daily Rate Paid To Wichita County For The Housing Of City Prisoners (Council Bill #266) (e) Resolution Authorizing The City Manager To Execute A Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons (Council Bill #267) 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. 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