Loading...
Min 01/02/2007 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 2, 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 Jim Ginnings - Councilors Linda Ammons - 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 Jesse West, Assistant Pastor, Victory Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mayor proclaimed January 2, 2007 as "David Gaines Day in Wichita Falls" in recognition of his tremendous contributions to our community as a weather spotter. Mayor commended Mr. Gaines and his fellow weather spotters for their valuable expertise. Mr. Gaines accepted the Proclamation and thanked the Council for this recognition and the weather spotter volunteers. Item 3b Mayor proclaimed the month of January 2007 as "International Crime Stoppers Month" in Wichita Falls, Officer Melvyn Joyner accepted the proclamation and thanked the Council and the citizens for their support. Also in attendance were Board Officers: Mr. Paul Cowan, Mr. Dean Swinney, Mr. Andy Kocher, and Officer Harold McClure. Item 3c Mr. Steve Ayer, Police Department Crime Analyst, was recognized as employee of the month for January 2007. Mayor presented Mr. Ayer with a plaque, a check, restaurant certificate, and golf course passes. 2 Item 4 Brad Reichert, 2504 Fain, informed that he is currently in the process of packing up and moving his family, and he said he is upset that he has to do this to obtain a salary that is commensurate within his field. He expressed his concerns about the compensation within the Fire Department. The salary structure is not representative of the profession. He listed his credentials, and he enumerated the requirements for fire fighters. His hope is that the City begins to recognize their level of professionalism by creating competitive pay and benefit packages. This will ensure that highly trained professional fire fighters will remain in Wichita Falls. It was a pleasure being an employee of the City of Wichita Falls. Councilor Ginnings asked the City Manager for the results of his research on the attrition rates of firemen in our City. City Manager replied that he does not have all the details but recollects that the attrition rate is very low and in fact one of the lowest in the City. Item 5 The Minutes were approved with a clarification by Councilor Ginnings. Item 6a ORDINANCE NO.1-2007 ORDINANCE REZONING 1511-1519 12T" STREET AND 1205 GRACE STREET, THE ADJACENT ALLEY AND GRACE STREET RIGHT-OF-WAY, FROM LIMITED COMMERCIAL TO GENERAL COMMERCIAL AND AMENDING THE LAND USE PLAN; 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. 1-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6b ORDINANCE NO. 2-2007 ORDINANCE REZONING 1619, 1621 & 1623 11T" STREET FROM LIMITED COMMERCIAL TO GENERAL COMMERCIAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 2-2007 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 3 Item 6c ORDINANCE NO. 3-2007 ORDINANCE MAKING APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $125,976 FOR ADDITIONAL FUNDING FOR THE PUBLIC HEALTH EMERGENCY PREPAREDNESS GRANT TO SUPPORT EMERGENCY PREPAREDNESS AND PANDEMIC INFLUENZA PLANNING RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Gonzalez that Ordinance No. 3-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6d The first of two public hearings required by State law was held to review the Curfew Ordinance for minors. Mayor declared the public hearing open. City Attorney informed that the City has a Curfew Ordinance that regulates minors during weekdays and on weekends. State law requires that every three years Council review this ordinance to see if it is meeting its intended goals and if council wants to recommend any particular changes. The ordinance we have is drafted, like other municipalities, identical to the City of Dallas' ordinance. The reason for that is that we are regulating the movement of minors and there have been various constitutional challenges to these types of ordinances. Dallas' ordinance was challenged and it went to through the court system. Federal District Judge Buchmeyer ruled the ordinance unconstitutional but the Federal Court of Appeals ruled that it was constitutional. We have had this ordinance in effect without change for some time. We have issued about 285 citations in the three year period since the ordinance was last reviewed. I think this ordinance serves a valid purpose. My prosecutor would support the ordinance and its continuation in effect. Police Chief Bachman recommended that Council renew this ordinance because it is a big benefit to the Police Department and it helps the young adults. Prior to the adoption of this ordinance there were big problems and because of that we were unable to do our regular job of patrolling. After the ordinance was passed we were able to actually go out and do our police work. Minors do not need to be out after midnight. I suggest you continue this ordinance. Councilor Ammons mentioned the gang shootings and the kids that are under age that should not be out. She asked if we actively issue citations or only if they are causing a problem. Police Chief replied that there may be officers that issue warnings it depends on the circumstances. If they have someone out that is not on a legitimate mission, they are going to issue a citation or they will call the parents and talk to them about it. Councilor Roberts-Burns felt that this ordinance should be renewed so that the youth can have some direction to go in. If we have this ordinance it is some direction for our youth. Police Chief commented that at times we have to step up where parents fail to control the children. Some parents are too lenient with their children. I do not see a need for a minor to be out past those curfew hours. Councilor Ginnings suggested that when the ordinance is brought back to Council that Staff give some thought to a specified fee for the violator and the parent and/or guardian. City Attorney stated that the ordinance already includes a penalty against the parent for knowingly allowing their child to be in violation of this ordinance. From a proof issue it is much simpler to issue a citation to the minor, but that remedy is already in the ordinance. I would anticipate that would be difficult to prove unless there is a pattern or the police officer knows history on the adult. Councilor Ginnings stated that we are responsible for our children. Why would it not be just the fact that the child is out after curfew? Why is there a severance of the responsibility, because of the lack of proof? City Attorney stated that you could argue that, but you would have to prove that before a court. It is easier for a police officer to issue a citation to a minor when he sees him 4 Item 6d continued out, as opposed to having to track down that minor's parents, find out who they are, where they are and issue them a citation. Councilor Ginnings said that he agreed with the City Attorney but he did not understand why issuing the citation does not apply to the parents. Suppose that we require the parent or guardian to be present in the court, could the Judge ascertain these facts? City Attorney replied that the parents are required to be in court. Councilor Ginnings asked if we have to share these fines with the State. City Attorney replied that we do and that amount is typically about $85 to $90 that goes to the State. Councilor Ginnings mentioned that the ordinance refers to 17 years of age and under, The legal age to drink alcohol is 21, and he asked if that is covered in another area? City Attorney replied that it was. Mayor clarified that the age in the ordinance is under 17, not 17 and under. Councilor Ginnings wanted to suggest that it be 17 years and under. Police Chief stated that 17 is considered an adult and they can be taken them to jail. At age 17 some of these parental responsibilities go away? City Attorney replied in the affirmative. Councilor Ginnings said he was not forgetting that this is tracked with the Dallas ordinance and it survived the courts on numerous occasions. In your opinion should we consider any sort of enhancement if we are talking about a gang injunction offense? City Attorney stated that his advise would that this ordinance should be left separate and apart from the gang injunction. It has its own remedies, is targeted to a specific group of individuals which has its own enhancement in it. Mayor added that tickets could be issued for both. Mayor stated that he is in favor of renewing this. Nothing good happens after midnight, no matter what the age is. City Attorney informed that there would be another public hearing January 16 and at that point we will ask Council to take action to renew the ordinance. Mayor commented that he has worked with many parents who have 17 year olds who are in high school and do not want to work or go to school and yet they cannot just kick them out because they have parental responsibilities that the State holds them to. It is a difficult task and 17 years is a gray area that needs to be fixed, either I am responsible for them or not. It has to be done at the State level. Councilor Elmore asked if there was a program where the minors can work off those fines? City Attorney replied that he thought there was and it would be through the court system and the judge. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. City Council recessed at 9:35 a.m. and reconvened at 9:55 a.m. Item 7a RESOLUTION NO. 1-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CERTIFYING AN EMERGENCY SHELTER GRANTS PROGRAM APPLICATION BY FIRST STEP, INC. OF WICHITA FALLS AND AUTHORIZING THE MAYOR'S SIGNATURE; 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. 1-2007 be passed. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 5 Item 7b RESOLUTION NO. 2-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 34 TO THE JASPER WATER TREATMENT PLANT REHABILITATION AND IMPROVEMENTS PROJECT, CWF04-544-21 IN THE AMOUNT OF $72,337.31; 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. 2-2007 be passed. Motion seconded by Councilor Hatcher. Councilor Ginnings requested that staff provide Council a preview of coming attractions so they can be aware of what they are going to be faced with. Councilor Ammons commented that she hopes that in 2020 everything we are doing now will be beneficial to avoid these expensive change orders. Mr. Scott Taylor informed that GPS is being used in our major components. We are trying to avoid change orders. We are continuing to implement decisions made in the 1980's that have been beneficial. I agree that in the future when rehab work is done they will know what we put there and learn from this problem. We are taking steps that whatever we put in now will be able to be identifiable in the future. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7c RESOLUTION NO. 3-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 35 TO THE JASPER WATER TREATMENT PLANT REHABILITATION AND IMPROVEMENTS PROJECT, CWF04-544-21 IN THE AMOUNT OF $18,687.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Roberts-Burns that Resolution No. 3-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7d RESOLUTION NO. 4-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING PROFESSIONAL SERVICE AGREEMENTS WITH THE ARCHITECTURAL FIRMS OF STALEY, BAKER, MONSON AND BUNDY, YOUNG, SIMS AND POTTER; 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. 4-2007 be passed. 6 Item 7d Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8a There were no Staff reports. Item 8b Councilor Ammons asked about the location of the new fire station. Fire Chief informed that it would be in the area of Southwest Parkway and Taft in order to avoid getting into other fire response districts. There are four sites and we are looking at all of them. City Manager stated that the Fire Chief's report shows that the front runner is the old Funland Park on Weeks Park Lane. The City already owns that property. Councilor Ammons commented that it may be low cost to us but it could be prime real estate. The City Manager informed that we would have to go to the voters in order to sell park land and that is park land. Councilor Gonzalez asked if there was a problem with the flood plain or flood way in that area. Mr. Scott Taylor replied that that area was clear of the flood plain and the flood way. Councilor Gonzalez wished the Staff a Happy New Year and hopes that everything runs as good as it did last year. I think we all accomplished quite a bit this past year. Councilor Hatcher informed that Robert Morgan, City beat reporter, was going to a different position January 10. He wished him well. Councilor Hatcher reminded everyone that there would be a District 3 town hall meeting January 10 at 7 p.m. at Jefferson Elementary. He commented that these meetings are never greatly attended and he encouraged everyone in District 3 to attend. City Manager mentioned that the town hall meetings following the January 10 meeting would be February 15 in District 5 at the John Tower Elementary, and March 15 in District 4 at Kickapoo Downtown Airport. Councilor Ginnings asked if the closing of the property at 1658 Ardath had taken place. Mr. Dave Clark replied that he did not know. Councilor Ginnings commented that they had 30 days to have this done and 15 days have transpired. Mr. Clark informed that the permit has not been pulled. Councilor Elmore congratulated Robert Morgan on his new job. He has done well on the City beat. Councilor Elmore stated that the Corp of Engineers has been in the process of reevaluation flood plains in District 5, particularly the City View area, and he was wondering when and if that was going to take place. Mr. Scott Taylor informed that our Consultant is working on two areas the Faith Village and City View areas. They have finished most of the work on Plum Creek and they have sped up their review greatly and are working on a three month review. I hope to hear something about Plum Creek by this spring. He added that there will be some changes out there but at this point he did not know what those changes will be. Councilor Elmore wished everyone a Happy New Year and a healthy and prosperous one. Councilor Roberts-Burns reminded everyone about the Martin Luther King Prayer and Scholarship Breakfast at MPEC on January 20. She encouraged everyone to purchase a ticket for that event. Councilor Roberts-Burns said that she had one wish for District 2 and that was that we might get more businesses in District 2 this year. 7 Item 8b continued Mayor Lyne commented that Robert Morgan has done a great job for us reporting on the City beat. He will be writing the headlines for the newspaper, and the City will be much benefited by his presence in that role. It will be a great deal for him. Mayor Lyne wished everyone a Happy New Year and that we make it a good one. City Council adjourned at 10: 45 a.m. PASSED AND APPROVED this �4 day of 07. 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, January 2, 2007, Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda Ammons, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1 . Call to Order 2. (a) Invocation: Jesse West, Assistant Pastor Victory Baptist Church (b) Pledge of Allegiance 3. Presentations (a) Proclamation - David Gaines Day (b) Proclamation — International Crime Stoppers Month - Paul Cowan, Officer Harold McClure, Officer Melvin Joyner (c) Employee Of The Month — Steve Ayer 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 19, 2006 Regular Meeting of the Mayor and City Council. REGULAR AGENDA 6. Ordinances (a) Ordinance Rezoning 1511-1519 12t" Street And 1205 Grace Street From Limited Commercial To General Commercial And Amending The Land Use Plan (Council Bill #1) City Council Agenda Tuesday, January 2, 2007 Page 2 (b) Ordinance Rezoning 1619, 1621 & 1623 1111 Street From Limited Commercial To General Commercial. (Council Bill #2) (c) Ordinance Making Appropriation In The Special Revenue Fund In The Amount Of $125,976.00 For Additional Funding For The Public Health Emergency Preparedness Grant To Support Emergency Preparedness And Pandemic Influenza Planning Received From The Department Of State Health Services (DSHS) And Authorizing The City Manager To Execute Contract Accepting Same. (Council Bill #3) (d) Public Hearing Regarding Regulations For Curfew Hours For Minors. 7. Resolutions (a) Resolution Certifying An Emergency Shelter Grants Program Application By First Step, Inc. Of Wichita Falls And Authorizing The Mayor's Signature. (Council Bill #4) (b) Resolution To Approve Change Order No. 34 To The Jasper Water Treatment Plant Rehabilitation And Improvement Project, CWF04-544-21 . (Council Bill #5) (c) Resolution To Approve Change Order No. 35 To The Jasper Water Treatment Plant Rehabilitation And Improvement Project, CWF04-544-21 . (Council Bill #6) (d) Resolution Approving Professional Service Agreements With The Architectural Firms Of Staley, Baker, Monson And Bundy, Young, Simms And Potter. (Council Bill #7) 8. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 9. 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 City Council Agenda Tuesday, January 2, 2007 Page 3 761-7409. 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