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Min 08/07/2007 1� CITY COUNCIL MINUTES 35 Wichita Falls, Texas Memorial Auditorium Building August 7, 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 Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Reverend Allen D. Hughes, Jr., Pastor, First Church of the Nazarene, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 Mr. John Henderson, Risk/Safety Training and Development Coordinator, Human Resources Risk Management, was recognized as Employee of the Month for August 2007. Mayor presented Mr. Henderson with a plaque, a check, and restaurant certificates. Item 4 David Brock, 1819 Hines, referred to the screening ordinance and requested that Council review the current wording because it does not make sense in certain areas. He asked that it be reviewed and tightened up. Item 5 The Minutes were approved as distributed. Items 6a-7d 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 Gonzalez and carried by the following vote. 136 Items 6a-7d continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6a RESOLUTION NO. 120-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE AND INSTALLATION OF DOOR HARDWARE AT THE J.S. BRIDWELL AG BUILDING TO TRIM-CO CONSTRUCTION IN THE AMOUNT OF $31,929.84; 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. 121-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A 66,000 GVW TRUCK WITH A 5,000 GALLON WATER TANK TO WICHITA FALLS FREIGHTLINER IN THE AMOUNT OF $127,454.00; 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. 122-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Items 7a-7d Minutes of the following boards and commissions were received. a) Aviation Advisory Board, March 22, 2007 b) MPO Technical Advisory Committee, April 4, 2007 c) Wichita Falls Park Board, May 24, 2007 d) Landmark Commission, June 14, 2007 Item 8a ORDINANCE NO. 69-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CITY OF WICHITA FALLS CODE OF ORDINANCES; AT CHAPTER 1 BY THE ADDITION OF SECTION 1-15, CULPABLE MENTAL STATE; PROVIDING A REPEALER CLAUSE, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND 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. 69-2007 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 137 Item 8b ORDINANCE NO. 70-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING WAIVER OF BUILDING PERMIT FEES FOR REPAIR PROJECTS CERTIFIED AS RESULTING FROM THE 2007 WICHITA RIVER FLOOD OR OTHER INCLUDED EVENTS THAT ARE PART OF A FEDERALLY DESIGNATED DISASTER AND DECLARING AN EMERGENCY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Ordinance No. 70-2007 be passed. 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 9a RESOLUTION NO.123-2007 A RESOLUTION CERTIFYING THE AUTHORITY TO ACQUIRE SURPLUS FEDERAL PROPERTY, U.S. ARMY RESERVE CENTER, FOR PUBLIC PARK AND RECREATIONAL USE; 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. 123-2007 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 Item 9b RESOLUTION NO. 124-2007 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT FOR APPROXIMATELY 380 SQUARE FEET FOR PROPERTY AT #3 GOLDENROD COURT, ALSO KNOWN AS LOT 18, BLOCK 10, BRIDGE CREEK ESTATES SECTION 5, WICHITA FALLS, WICHITA COUNTY, 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. 124-2007 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 138 Item 9c RESOLUTION NO. 125-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT AND A UTILITY EASEMENT FOR A PORTION OF ELEVENTH STREET FOR USE BY THE UNITED REGIONAL HEALTH CARE SYSTEM FOR AN EXPANSION OF THEIR FACILITY; 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. 125-2007 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 Item 9d RESOLUTION NO. 126-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF INSULATED ICE COVER FROM HIGHLAND PRODUCTS GROUP IN THE AMOUNT OF $80,920.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Gonzalez that Resolution No. 126-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9e RESOLUTION NO. 127-2007 RESOLUTION TO APPROVE ADVANCED FUNDING AGREEMENT FOR HAZARD ELIMINATION/SAFETY PROJECTS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION; 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. 127-2007 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 139 Item 9f RESOLUTION NO. 128-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, RESOLUTION AUTHORIZING AWARD OF BID TO FURNISH AND INSTALL A HOT WATER BOILER AT THE WICHITA FALLS/WICHITA COUNTY HEALTH DEPARTMENT TO JAMES LANE AIR CONDITIONING & PLUMBING IN THE AMOUNT OF $44,598.00 AND APPROVING CHANGE ORDER NUMBER 1 FOR THIS 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 Roberts-Burns that Resolution No.128-2007 be passed. 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 9g RESOLUTION NO. 129-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING AN AGREEMENT WITH THE HUMANE SOCIETY OF WICHITA COUNTY FOR ANIMAL RECLAIM AND IMPOUNDMENT SERVICES.; 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. 129-2007 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 City Council recessed at 9:35 a.m. and reconvened at 9:55 a.m. Item 10a Mr. Scott Taylor reported on the ammonia leak at the Jasper Water Treatment Plant. He informed that the tank is totally empty now and they will take whatever corrective action is needed as well as inspect tank number two which is next to tank number one. Mr. Bobby Teague reported on the ordinance relating to parking in yards. Item 10b Councilor Smith expressed concern of the possibility that the RFP for ambulance service did not have adequate performance standards. Mr. Matt Benoit informed that they are looking at other municipalities standards. The current RFP is based on performance standards. He will review other standards that could be included and will get that information to the Council. Councilor Smith mentioned a situation that occurred after the floods where a water meter was damaged and a citizen received a water bill for about $700. He commented that the person was not even in the house because it had flooded. He asked that staff look into that. This might be a situation that might be deemed to use allowances. 140 Item 10b continued City Manager mentioned that we do have these types of situations but the way the Ordinance is written is very strict and staff does not have the flexibility to waive payments. We can draft something that would allow, on an individual basis, Council to waive these types of cases. We can look at other ordinances as well and look for some guidance. Councilor Elmore said he would like to look at this circumstance but not change the Ordinance. Councilor Barham agreed and added that this flood was a federal disaster. Councilor Roberts-Burns also agreed. City Manager stated that staff would prepare something for next Council meeting. Councilor Smith mentioned the Falls Fest parking issue and asked for information on that. He stated that parking on City streets during Falls Fest has been a problem. Mr. John Burrus will get him some information on that. Mr. Burrus informed that they will be meeting with the residents in that area. Police Chief Bachman stated that he has patrols to keep people from parking there. Councilor Gonzalez asked for signage directing persons to the Community Health Care Center. Mr. Burrus said he would look into that. Councilor Hatcher thanked Mr. Benoit for the phone calls regarding the problems at the water treatment plan. Councilor Hatcher asked about the golf course and the grassy areas. Mr. Benoit informed that they are having a meeting tomorrow to discuss grassing the golf course at this point. Councilor Hatcher stated that the Humane Society does great work. He felt the City was on the better end of the bargain in that deal. He hopes things will work out so this issue can be resolved. Councilor Hatcher mentioned National Night Out and asked the Police Chief to provide information. Police Chief Bachman informed that their community police officers will be out tonight visiting the Neighborhood Watch Programs. He stated that it is important for the neighbors to be involved in this in order to let their neighbors know who they are. In addition, this will determine the need for a neighborhood watch. Citizens can call the Police Department to find out if there is a Neighborhood Watch in their area. Councilor Barham echoed Councilor Smith's concern about the performance standards for ambulance service. Councilor Barham asked staff to check into a possible sight obstruction on Speedway and Buena Vista. Councilor Barham attended the skate park meeting and stated that a lot of interest was expressed. He is looking forward to this; it will be a great asset to our community. Councilor Elmore encouraged everyone to attend the Night Out event tonight. It is the best thing you can do for your neighborhood. Officer Steve Carroll has done an outstanding job with the Neighborhood Watch Program. Councilor Elmore encouraged citizens to get involved in the Citizens' Police Academy which begins in September; it is worth doing. Councilor Roberts-Burns informed that there will be a District 2 meeting August 13 at 6 p.m. at Martin Luther King Center. She asked residents in District 2 who were affected by the flooding to attend. Mayor Lyne reported that the Legal Department is working on our problems out at Lake Kemp. Mayor Lyne commented that there are a lot of great things going on in our community. Mr. Jim Dockery informed that after the next Council meeting we will be holding budget hearings. Item 11 a and 11 b City Council went into Executive Session at 10:40 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:46 a.m. L 141 Item 11 a and 11 b continued Mayor announced that no votes or polls were taken during Executive Session. Item 12a Moved by Councilor Gonzalez to appoint Mrs. Linda Ammons to the Helen Farabee Regional MHMR Center Board of Trustees, Place 9, with term to expire August 31, 2008. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12b Moved by Councilor Gonzalez to appoint Mrs. Joni Dotson to the Planning and Zoning Commission, Place 10, with term to expire December 31, 2008. 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 City Council adjourned at 10:50 a.m. PASSED AND APPROVED this_��day of 2007. MAYOR LAT TEST: 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, August 7, 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: Reverend Allen D. Hughes, Jr., Pastor First Church of the Nazarene (b) Pledge Of Allegiance 3. Presentations - Employee Of The Month — John Henderson, Human Resources 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 July 17, 2007 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolutions (a) Resolution Authorizing Award Of Bid For The Purchase And Installation Of Door Hardware At The J.S. Bridwell Ag Building To Trim-Co Construction In The Amount Of $31,929.84. (Council Bill #190) City Council Agenda Tuesday, August 7, 2007 Page 2 (b) Resolution Authorizing Award Of Bid For The Purchase Of A 66,000 GVW Truck With A 5,000 Gallon Water Tank To Wichita Falls Freightliner In The Amount Of $127,454.00. (Council Bill #191) (c) Resolution Of The City Council Of The City Of Wichita Falls, Texas Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs (Council Bill #192) 7. Receive Minutes (a) Aviation Advisory Board, March 22, 2007 (b) MPO Technical Advisory Committee, April 4, 2007 (c) Wichita Falls Park Board, May 24, 2007 (d) Landmark Commission, June 14, 2007 REGULAR AGENDA 8. Ordinances (a) Ordinance Amending The City Of Wichita Falls Code Of Ordinances; At Chapter 1 By The Addition Of Section 1-15, Culpable Mental State (Council Bill #193) (b) Ordinance Authorizing Waiver of Building Permit Fees For Repair Projects Certified As Resulting From The 2007 Wichita River Flood Or Other Included Events That Are Part Of A Federally Designated Disaster And Declaring An Emergency. (Council Bill #194) 9. Resolutions (a) A Resolution Certifying the Authority to Acquire Surplus Federal Property, U.S. Army Reserve Center, Wichita Falls, Texas, For Public Park and Recreational Use. (Council Bill #195) (b) A Resolution Authorizing The City Manager To Execute An Encroachment Agreement For Approximately 380 Square Feet For Property At #3 Goldenrod Court, Also Known As Lot 18, Block 10, Bridge Creek Estates Section 5, Wichita Falls, Wichita County, Texas (Council Bill #196) City Council Agenda Tuesday, August 7, 2007 Page 3 (c) Resolution Authorizing The City Manager To Execute An Encroachment Agreement For A Portion Of Eleventh Street For Use By The United Regional Health Care System For Expansion Of Their Facility (Council Bill #197) (d) Resolution Authorizing Award Of Bid For The Purchase Of Insulated Ice Cover For The Kay Yeager Coliseum From Highland Products Group In The Amount Of $80,920.00 (Council Bill #198) (e) Resolution To Approve Advanced Funding Agreement For Hazard Elimination/Safety Projects Through The Texas Department Of Transportation. (Council Bill #199) (f) Resolution Authorizing Award Of Bid To Furnish And Install A Hot Water Boiler At The Wichita Falls/Wichita County Health Department To James Lane Air Conditioning & Plumbing In The Amount Of $44,598.00 And Approving Change Order Number 1 For This Project. (Council Bill #200) (g) Resolution Amending An Agreement With The Humane Society Of Wichita County For Animal Reclaim And Impoundment Services. (Council Bill #201) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Executive Session - Consider Qualifications Of Possible Appointees To The Following Boards and Commissions As Authorized By Section 551 .074 Of The Texas Government Code (a) Helen Farabee Regional MHMR Center Board Of Trustees (b) Planning & Zoning Commission 12. Open Session - Appointments/Reappointments To The Following Boards and Commissions. (a) Helen Farabee Regional MHMR Center Board Of Trustees (b) Planning & Zoning Commission 13. Adjourn City Council Agenda Tuesday, August 7, 2007 Page 4 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