897
CITY COUNCIL MINUTES
Wichita Falls, Texas Memorial Auditorium Building December 19, 2006 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 Tem
Jim Ginnings - Councilors Linda Ammons - Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore -
Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk
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Mayor called the meeting to order.
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Item 2a
Pastor Harvey McMurry, City View Baptist Church, gave the invocation.
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Item 2b
Councilor Gonzalez led in the Pledge of Allegiance.
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Item 3
Police Chief Bachman introduced the Citizens Police Academy Alumni that were present. He informed that the Police Department benefits from the discount cards the Alumni sell. They also volunteer and help the Police Department in many ways.
The Citizens Police Academy Alumni presented the City with a check in the amount of $2,000, which will be used to replace the police dog used to detect drugs. Mayor Lyne expressed appreciation to the Citizens Police Academy Alumni for all the work they do for the Police Department and the entire City. He noted that Councilors Roberts-Burns and Elmore are members of this Alumnus.
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Jesse West, Youth Minister for Victory Baptist Church, 1400 Midwestern Parkway, explained that the amendment to the Solicitation Ordinance affects his entire youth ministry in the area of fund raising. The youth raise funds for youth camps and conferences, which is their sole funding source, and the age limit to solicit funds affects this ministry. He requested that Council consider allowing an adult to be with the under age children to solicit funds.
Mayor suggested that the Traffic Safety Commission look into this and that Mr. West be notified. Councilor Hatcher is the Council Liaison to this Commission.
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Item 4 continued
Mr. Dave Clark introduced Mrs. Cynthia Laney, Downtown Wichita Falls Corporation Executive Director. Mrs. Laney informed that the new offices are located at 9 th and Indiana Streets, and encouraged the Council to visit them.
David Brock, 1819 Hines, requested that the City change the management in the Animal Control Division. He said he was working with the Office of the Attorney General on a complaint against the Health Department because the Animal Control picked up livestock that should have been done by the Sheriff and they are charging excessive fees. He is calling for an investigation of the Health Department on the grant funds in the last five years, as well as the Weed & Seed funds. He wants the City to get the Animal Control Code to comply with the State Code. If no action is taken, he will call the Attorney General’s Office and file complaints to perform this investigation. He will wait until the first Council meeting in January for the Council to resolve this situation.
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Item 5
The Minutes of November 30, December 5, and December 7, 2006 were approved as distributed.
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Items 6a-7d
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Gonzalez that the Consent Agenda be approved.
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 6a
RESOLUTION NO. 157–2006
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
Item 6b
RESOLUTION NO. 158–2006
RESOLUTION AWARDING A BID TO DELL COMPUTER CORPORATION IN THE AMOUNT OF $101,300 FOR THE PURCHASE OF ONE HUNDRED COMPUTER WORKSTATIONS; 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 board and commission meetings were received (a) Wichita Falls Economic Development Corp – August 14, 2006 (b) Library Advisory Board – September 26, 2006 (c) Library Advisory Board – October 24, 2006 (d) Park Board – October 26, 2006
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Item 8a
ORDINANCE NO. 96–2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 2-301 OF THE CODE OF ORDINANCES, TO INCLUDE AN ENGINEER AS A REPRESENTATIVE OF THE WATER RESOURCES COMMISSION; 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. 96-2006 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
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Item 8b
ORDINANCE NO. 97–2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE 2005-06 BUDGET IN VARIOUS FUNDS AS PART OF THE 2004-05 FISCAL YEAR END CLOSING PROCESS; 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. 97-2006 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
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Item 8c
ORDINANCE NO. 98-2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE NO. 55-2006 TO GRANT ADDITIONAL TIME FOR THE OWNER OF THE PROPERTY AT 1658 ARDATH STREET TO REHABILITATE THE STRUCTURE; 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 Roberts-Burns that Ordinance No. 98-2006 be passed.
Motion seconded by Councilor Elmore.
Fritz Taylor, 1906 Clubview, Remax Agent, informed that they have a contract to purchase and desire to rehabilitate this structure. Mr. Syd Litteken, Architect, inspected the structure and, although there was a fire, it is 99% structurally sound.
Councilor Ammons stated that she is one of the owners of Remax and Mr. Taylor is an individual contractor under Remax, and she does not want to do something that would appear as a conflict of interest. Mr. Taylor informed that they had the financing ready to purchase the property and Jerry Phillips, property owner, has been working to clean it up.
Mrs. Rita Miller informed that Code Enforcement had been in contact with Nickie Hudelson, Jerry Phillips’ sister and trustee of his inheritance, Jerry Phillips Trust. Ms. Hudelson informed them that they are ready to pay for the back taxes and demolition, if the demolition goes through.
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Item 8c continued
Mrs. Miller noted that Mr. Phillips does receive a monthly income from the trust fund. She stated that the structure was not secured and drugs and drug paraphernalia were found in the house.
Councilor Ginnings wanted reassurance that things were going to happen as Mr. Taylor had stated. Mr. Taylor informed that the closing date would be January 2, 2007.
Moved by Councilor Ammons that the proposed ordinance be amended to allow 30 days additional time which would end on January 18, 2007 for a licensed contractor to obtain a Restoration Building Permit, and 60 days from that date to show substantial progress, and obtain a Certificate of Occupancy by the end of March 19, 2007. If these deadlines are not met, the structure will be demolished without further notification.
Motion seconded by Council Roberts-Burns and carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore
Nays: None
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City Council recessed at 9:40 a.m. and reconvened at 9:55 a.m.
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Item 9a
RESOLUTION NO. 159–2006
RESOLUTION APPROVING THE TRANSFER OF VARIOUS AGED RECEIVABLE ACCOUNTS TO DORMANT STATUS AS PART OF THE CITY’S FISCAL YEAR END CLOSING PROCESS; 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. 159-2006 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
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Item 9b
RESOLUTION NO. 160-2006 _
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING VARIOUS ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS AND AUTHORIZING AMENDMENTS TO THE WICHITA FALLS ECONOMIC DEVELOPMENT COROPORATION 2006-2007 BUDGET; 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. 160-2006 be passed.
Motion seconded by Councilor Ammons.
Lane Brock, President Wichita Power Transmission, provided information on their plans.
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Item 9b continued
Jay Carter, President Carter Aviation Technology, informed on his request.
James Frank, President Texas Transland – Sharp Iron, LP and BW Fabricators, informed on their plans.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore
Nays: None
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Item 9c
RESOLUTION NO. 161-2006 _
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN EXPENDITURE BY THE WICHITA FALLS POLICE DEPARTMENT FROM THE SEIZED FUNDS ACCOUNT FOR A ONE-TIME EXPENDITURE OF $40 ,922.92 ; 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. 161-2006 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
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Item 9d
RESOLUTION NO. 162-2006 _
RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR THE ENTRANCE ROAD, TERMINAL PARKING, AND HANGER AREA IMPROVEMENTS PROJECT AT KICKAPOO DOWNTOWN AIRPORT (AIP NO. 3-48-0346-06); 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. 162-2006 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
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Item 9e
RESOLUTION NO. 163-2006 _
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PIGEON CONTROL ALONG BROAD AND HOLLIDAY STREET UNDERPASSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
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Item 9e continued
Moved by Councilor Elmore that Resolution No. 163-2006 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
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Item 9f
RESOLUTION NO. 164-2006 _
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION VI OF RESOLUTION NO. 175-98 TO EXTEND THE TERM OF A PARK BOARD MEMBER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Ammons that Resolution No. 164-2006 be passed.
Motion seconded by Councilor Elmore.
It was approved that Mr. Elmer Emory be reappointed for a three year term on the Park Board.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore
Nays: None
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Item 9g
RESOLUTION NO. 165-2006 _
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID FOR THE INSTALLATION OF A BYPASS LINE FOR THE CYPRESS MEMBRANE 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 Roberts-Burns that Resolution No. 165-2006 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
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Item 10a
There were no Staff reports.
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Item 10b
Councilor Roberts-Burns wished the staff and citizens a safe holiday season.
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Item 10b continued
Councilor Elmore wished everyone a Merry Christmas and a Happy New Year.
Councilor Elmore asked for a status report on the Expressway Village sidewalk. Councilor Elmore asked that staff check the stop sign on City View and Kiel Road; it seems to be on the wrong side.
Councilor Elmore asked for a status report on the land purchase of Loop 11. Mr. Dave Clark informed that they had not received final approval from the Wal-Mart people. City Attorney added that he did not know the status of eminent domain. Councilor Elmore said that he wants to know what needs to be done to move the utilities and let the bid for that project. Mr. Clark will follow up on this.
Councilor Ginnings referred to the joint meeting with the Park Board and mentioned the discussions about the bike trail that someday would be a loop around the City. He wants staff to see if any needed right of way for the bike trail might be subject to imminent development in which case we might wish to consider acquiring. Also, there was discussion about having parkways along the Wichita River, which would be compatible with the bike trail. He asked staff to give Council a recommendation on this, and that the drawings for the right of way begin. He suggested that we proceed to acquire the right of way so that we can have it when we are ready to use it. He asked staff to provide information as to where the trail would be and insure that this will happen someday by City owning the property.
Councilor Ginnings stated that a constituent had called him about a head shop posing as a smoke shop at the old Grandy’s building where drug paraphernalia is sold. This is near Barwise Junior High School. He suggested that an ordinance be passed to restrict the distance from a school for a place selling tobacco products. He suggested that smoke shop was put there for that purpose – for recruitment. Also, the constituent alleged that there are unsavory characters that frequent that place. He said that the City Attorney will give the Council an opinion on whether we would want to move on that.
Councilor Ginnings wished everyone a Merry Christmas.
Councilor Hatcher agreed with Councilor Ginnings.
Councilor Hatcher asked whose responsibility it was to maintain the stop sign on Sam’s parking lot when you are exiting onto Kell East. Mr. John Burrus replied that it is private property, but he will call Sam’s and recommend that it would be in their best interest to address that situation. Chief Bachman informed that even without a stop sign, you are required to stop before entering a roadway.
Councilor Hatcher asked for the transfer station hours of operation during holidays. Mr. Scott Taylor informed that they are not open on Sunday and close at 3:30 p.m. on Saturday. Councilor Hatcher asked about extended hours. Mr. Taylor informed that a survey was done three years ago but after 3:30 p.m. there was no traffic. By law we cannot leave trash in the landfill, so if we stayed open until 6 p.m. it will be 10 p.m. before we can close and that will be overtime. It is problematic in the winter to keep long hours because of the lighting situation. We can look at the spring and summer hours.
Councilor Hatcher thanked the leadership team at Howmet and BCI for the tour at Howmet. He asked that everyone think about helping maintain the Fantasy of Lights by donating money in the buckets. Merry Christmas.
Councilor Gonzalez wished everyone a Merry Christmas and a Happy and Prosperous New Year. He was glad the pigeon issue was addressed. He thinks we need to do something about it now.
Councilor Gonzalez asked Mr. Taylor if they had contacted Mr. Brink about the property on Longleaf. Mr. Taylor will check with the City Engineer about the status.
Councilor Gonzalez mentioned the house on Ardath and stated that these things seem to take for ever but I found out that if we want to be fair with the citizens it still takes time. I know there are problems because of the trash issue but I think the Council has tried to be as fair as we possibly could.
Councilor Gonzalez asked if the smoke shop could be put off limits to teenagers. City Attorney replied that he did not know if they could. He will visit with the Police Chief to see what options are available to address this. Chief Bachman informed that they do have a sign that no one under 18 is allowed in there, but was uncertain if they check identification.
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Item 10b continued
Councilor Gonzalez had calls and concerns on the operation hours of the transfer station as well. What Mr. Taylor says makes sense but we still have citizens who work to clean up their yards, and he wants Mr. Taylor to look into making adjustments for the summer hours.
Councilor Ammons wished everyone a Merry Christmas. She thanked Mr. Jerry Vandiver for taking care of the Council in the Council Chambers. We are so appreciative for everything he does for us.
Councilor Ammons would like for the Council to talk about the smoking ordinance and put it on the May ballot.
Councilor Ammons wanted to know how many entities are participating in the North Texas Drug Task Force. Chief Bachman informed that originally there were 23 entities, however only seven entities donated some funds but only 3 paid the appropriate amounts. These entities will let us know something by January 18, 2007. It takes $550,000 annually to operate this Unit, and it does not look too promising for us to stay in and support it. Councilor Ammons expressed concern because this is an important tool to fight drugs.
Mayor commented that when they met in the summer, entities felt they were paying more than their fair share. We took the lead, and out of 23 entities only two or three understood the real benefit to them in the clean up process. That is where the real benefit is and we are the only ones that have the equipment. We are doing the subsidizing but do not get the kudos.
Councilor Gonzalez mentioned an incident that occurred in Richardson dealing with a person who had a tattoo of “The Falls” and he was told by an officer that they did not like his kind in Richardson. Councilor Gonzales stated that we do have a problem and it is huge.
Mayor stated that we as citizens need to be vigilant of mindless mayhem such as busting car windows and dumping over trash cans.
Mayor stated that approximately 100,000 people go to see the Fantasy of Lights and it costs $40,000-$50,000 to maintain the Fantasy of Lights. He encouraged everyone who goes by there to donate whatever you can.
Mayor stated that he is in favor of looking at the landfill time schedule. We may need to fund that to address that issue.
Mayor commented that we may need to budget to address the pigeon problems. He suggested pressuring TXDOT about this.
Mayor commended those who participated in the tricycle race to help the needy employees, and stated that the camaraderie was great. He congratulated all the participants.
Mayor wished everyone a Merry Christmas and Happy Holidays.
------Item 11
There was no Executive Session
------Item 12
No action was taken on this item. ------
City Council adjourned at 11:15 a.m.
PASSED AND APPROVED this ______day of ______, 2007.
______MAYOR ATTEST:
______Lydia Ozuna City Clerk