MINUTES
Regular Meeting of the City CouncilMunicipal Building
West 3rd and Texas Boulevard
Texarkana, Texas
Monday, September 22, 2008
6:00 p.m.
An Open Meeting was held concerning the following subjects:
Call to Order, Roll Call, Establishment of Quorum
Closed Session
§ 551.071 Private consultation with the City Attorney
§ 551.072 Discussing or deliberating purchase, exchange, lease or value of real property
§ 551.073 Discussing or deliberating negotiated contract for prospective gift or donation
§ 551.074 Discussing or deliberating appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint or charge against an officer or employee § 551.076 Discussing or deliberating the deployment or specific occasions for implementation of security personnel or devices
§ 551.084 Investigation; exclusion of witness from a hearing during examination of another witness
§ 551.087 Discussing economic development negotiations or offer of financial or other incentives to business prospects
The City Council will reconvene in open session at 7:00 p.m. to take any final action, decision, or vote on a matter deliberated in closed session.
Invocation
The Invocation was given by Councilmember Brent Stewart.
Pledge to the Flag
Pledge led by Councilmember McGary.
Roll Call
The following Councilmembers were present:
Derrick McGary Councilmember, Ward 1
Brent Stewart Councilmember, Ward 3
Bob Bruggeman Councilmember, Ward 4
Scott Norton Councilmember, Ward 5
Robin Court Councilmember, Ward 6
Councilmember Willie Ray was absent.
Appointments to Boards and Commissions
None
Lifesaving Awards Presentation
Chief Simms Presented Lifesaving Awards
Dan Haskins Presentation
Richard Herrington on behalf of HATT presented Dan Haskins with award of Thanks.
Proclamations
"Make A Difference Day"
Service Certificates and Pins
Tim Ray Neal 07-24-1978 30 Parks
John Tice 08-02-1983 25 Fire
Stephen Gass 09-12-1988 20 Police
Brenda Adams 07-26-1993 15 Street
Stephen G. Davis 05-01-1998 10 Fleet
Matthew Reed Cashatt 08-17-1998 10 Police+
Angela Simon 09-14-1998 10 Library
Tony Taylor 09-15-2003 5 Street
Jeremy Loren Sutton 09-29-2003 5 Police
TWU Aubrey Owen Gennings 07-18-1988 20
Eric L. Hood 07-12-1993 15
Oris A. Kemp 07-14-2003 5
Mark A. Harris 07-28-2003 5
Gary Lynn Smith 07-28-2003 5
Charles I Davis, Jr. 08-15-1988 20
Harold E. Witherspoon, Jr. 08-22-1988 20
Luke C. Fyffe 09-15-2003
Open Forum
Bradley Johnson spoke regarding problems at his property on 1418 Olive Street.
John Cook thanked the City Council for "Make a Difference Day" and clean up at Bringle Lake and thanked them for their continued efforts for the Philip McDougal Trail.
Public Hearing and Public Readings of Resolutions or Proposed Ordinances and Reports
Consideration / Approval of Consent Agenda Items
Consider approval of the minutes of the regular meeting held on August 25, 2008.
Consider approval of the minutes of the Called Meeting held on September 2, 2008.
Consider approval of the minutes of the TWU Budget Workshop held on September 8, 2008.
Consider approval of the minutes of the Special Meeting held on September 11, 2008 for the purpose of a Public Hearing on the Tax Rate.
Consider approval of the minutes of the Special Meeting held on September 15, 2008 for the purpose of a Public Hearing on the Tax Rate.
Consider approval of the Texas Department of Transportation's recommendation to retire thirteen traffic signals on the state highway system in the City of Texarkana, Texas.
Consider Ordinance No. 172-08 authorizing the establishment of a City Marshal's Office.
Consider Ordinance No. 175-08 authorizing the CEO/City Manager to enter into a contract with the Texas Department of State Health Services to provide Title XX funding to the Reproductive Health program for the 08/09 year.
Consider Ordinance No. 178-08 approving the renewal of an existing First Responder Agreement between the Texarkana Fire Department and LifeNet, Inc.
Consider Ordinance No. 180-08 authorizing the CEO/City Manager to enter into a contract with the Texas Department of State Health Services to provide Title X funding to the Reproductive Health program for the 08/09 year.
Consider Ordinance No. 181-08 authorizing the CEO/City Manager to enter into a contract with the Texas Department of State Health Services to provide Title V Dysplasia funding to the Reproductive Health program for the 08/09 year.
Consider Ordinance No. 183-08 authorizing the CEO/City Manager to enter into a contract with the Texas Department of State Health Services to provide partial funding for the Tuberculosis Control and Elimination program at the Health Center.
Consider Ordinance No. 186-08 authorizing the CEO/City Manager to accept the Comprehensive Selective Traffic Enforcement Program grant for the time October 1, 2008 through September 30, 2009.
A motion was made by Councilmember Bruggeman that the consent agenda be approved, seconded by Councilmember McGary. 8:02 p.m.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Pulled Items
The following items were pulled for comment by Councilmember Brent Stewart:
Consider Ordinance No. 187-08 selecting a legal firm or firms to deliver legal services for the City of Texarkana, Texas.
A motion was made by Councilmember Bruggeman that this consent item be approved with stated amendment in Section 4 "for majority vote of Council", seconded by Councilmember Stewart.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Consider Ordinance No. 188-08 appointing professional engineers and surveyors to represent the City of Texarkana, Texas.
A motion was made by Councilmember Bruggeman that this consent item be approved, seconded by Councilmember Stewart.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Action / Discussion Items
Zoning Items:
Public Hearing and consider Ordinance No. 121-08 amending Sections 8-110,8-700 and 14-100 of the Zoning Ordinance pertaining to CEVMS (Changeable Electronic Variable Message Signs).
Mayor Mayo declared the public hearing open.
Mayor Mayo declared the public hearing closed.
City Secretary Kerry Meredith read the caption to this ordinance.
A motion was made by Councilmember Court that this action item be approved, seconded by Councilmember Bruggeman.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Public Hearing and consider Ordinance No. 191-08 granting a Specific Use Permit to allow the location of a tattoo studio in Suite #3 of the multi-tenant retail strip center on Lots 1-6, Block 1, Rochelle Heights Addition, located at 3601 North State Line Avenue, Texarkana, Texas.
Mayor Mayo declared the public hearing open.
Joel Wright spoke on behalf of this item.
Mayor Mayo declared the public hearing closed.
City Secretary Kerry Meredith read the caption to this ordinance.
A motion was made by Councilmember Stewart that this action item be approved, seconded by Councilmember Court.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Consider Resolution No.192-08 setting public hearing dates for annexation proceedings for the proposed eleven (11) annexations.
Mayor Mayo declared the public hearing open.
Shirley Jaster spoke relative to this item.
Mayor Mayo declared the public hearing closed.
City Secretary Kerry Meredith read the caption to this ordinance.
A motion was made by Councilmember Bruggeman that this action item be approved, seconded by Councilmember McGary.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Budget and Tax Rate Items:
Consider approval of Ordinance No. 193-08 adopting and appropriating resources for the budget beginning October 1, 2008 and ending September 30, 2009.
Mayor Mayo declared the public hearing open.
Benjamin Dennis spoke on this item.
Mayor Mayo declared the public hearing closed.
City Secretary Kerry Meredith read the caption to this ordinance.
A motion was made by Councilmember Norton that this action item be approved with said amendments, seconded by Councilmember Stewart.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Consider Ordinance No. 194-08 approving the tax rate for the fiscal year ending September 30, 2009. "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE."
Mayor Mayo declared the public hearing open
Mayor Mayo declared the public hearing closed.
City Secretary Kerry Meredith read the caption to this ordinance.
A motion was made by Councilmember McGary that this action item be approved, seconded by Councilmember Stewart.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Consider Ordinance No. 182-08 authorizing increased water and sewer rates supporting the proposed FY 2009 Texarkana Water Utilities Budget at the rates shown on the attached schedule.
Mayor Mayo declared the public hearing open.
Benjamin Dennis spoke on this item, speaking of comparisons.
Dewayne Hall spoke on this item, asking that the increase be at a lower amount.
Mayor Mayo declared the public hearing closed.
City Secretary Kerry Meredith read the caption to this ordinance.
A motion was made by Councilmember McGary that this action item be approved, seconded by Councilmember Norton.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Consider Ordinance No. 179-08 approving the Texarkana Water Utilities FY 2009 budget in the amounts shown on the attachment.
Mayor Mayo declared the public hearing open.
Mayor Mayo declared the public hearing closed.
City Secretary Kerry Meredith read the caption to this ordinance.
A motion was made by Councilmember Court that this action item be approved, seconded by Councilmember Stewart.
The following Councilmembers voted:
Ayes: McGary, Ray, Bruggeman, Court
Noes: None
Other Items:
Consider Ordinance No. 177-08 appointing a Mayor Pro Tem.
Mayor Mayo declared the public hearing open.
Mayor Mayo declared the public hearing closed.
City Secretary Kerry Meredith read the caption to this ordinance.
A motion was made by Councilmember Court that Brent Stewart be appointed, seconded by Councilmember Bruggeman.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Comments from Staff
Shirley Jaster reported on the following: Phillip McGougal Trail, James W. Bramlett Softball Field; North Hills Road; Spring Lake Park curfew; TISD stadium; Hurricane Gustav and Ike; Community Events.
City Manager Report
Hope VI Grant
No Closed Session
§ 551.071 Private consultation with the City Attorney
§ 551.072 Discussing or deliberating purchase, exchange, lease or value of real property
§ 551.073 Discussing or deliberating negotiated contract for prospective gift or donation
§ 551.074 Discussing or deliberating appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint or charge against an officer or employee
§ 551.076 Discussing or deliberating the deployment or specific occasions for implementation of security personnel or devices
§ 551.084 Investigation; exclusion of witness from a hearing during examination of another witness
§ 551.087 Discussing economic development negotiations or offer of financial or other incentives to business prospects
X. Adjournment
A motion was made by Councilmember Court that this meeting be adjourned, seconded by Councilmember Stewart. 9:00 p.m.
The following Councilmembers voted:
Ayes: McGary, Stewart, Bruggeman, Norton, Court
Noes: None
Stephen A. Mayo, MAYOR
Kerry Meredith, CITY SECRETARY