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Min 03/07/2006 4 �s�,�y�a �a- ►G-C(� 728 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 7, 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 Tern Jim Ginnings - Councilors Linda Ammons - Dorothy Roberts-Burns - Michael Norrie - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Pastor Rick Ross, Liberty Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3d Mayor proclaimed the month of March as "National Nutrition Month in Wichita Falls", and encouraged all citizens to eat better and exercise more for a healthier life. Jill King, Jodi Moravec, Lisa Norris, Ella Bonfiglio, Kristin Cook, Janna Kaelin and Polly Tonemah, members of the Wichita Falls Dietetic Association, accepted the proclamation. Item 3a Mayor recognized Mr. Kelvin Matthew "Matt" Childs, Fire Fighter, Fire Department, as employee of the month for March 2006. Mayor presented Mr. Childs with a plaque, a check, dinner for two, and golf course passes. Item 3b Mayor proclaimed March 7, 2006 as "Absolutely Incredible Kid Day in Wichita Falls" in association with the North Texas Campfire Council, USA. He encouraged all adults to write letters to children encouraging them to get involved in their community, and make a difference in the live of a child. Sally Gray, Camp Fire Director of Club Programs, accepted the proclamation. 729 Item 3c Mayor proclaimed March 2006 as "American Red Cross Month in Wichita Falls", and encouraged everyone to assist Red Cross by attending tonight's event "Taste of the Town", which will benefit the local American Red Cross Chapter. Sheldon Johnson, North Central Texas American Red Cross Chapter Manager, and Bryan Press, President of the North Texas Restaurant Association, accepted the proclamation. Item 3e Reuben Warren, Health Department Director, made presentations to local industries in recognition for their achievement in environment excellence in our community. The entities recognized and the representatives accepting the Certificates of Achievement in Environmental Excellence were: Delphi Automotive Systems — Ben Filer and Tom Walter Mirant Wichita Falls, LP — Mark Deason and Kent Kirby PPG Industries, Inc. — Susan Plies United Electric Company, LP— Douglas Trinh, Paul Licht, and Paula Meyenberg Item 4 Clark Jones, 5304 Pyrenes, Bill of Rights Defense Committee, asked Council to pass the resolution presented to them regarding the Patriots Act that states that the City will not engage in any activities that infringe on the rights of the citizens of Wichita Falls. Item 5 The Minutes were approved as distributed. Items 6a-7 City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Norrie requested that Items 6a-6d be moved to the Regular Agenda. Moved by Councilor Norrie that the Consent Agenda be approved with the exception of Items 6a-6d. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 6e RESOLUTION NO. 32-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE SCOTLAND SANITARY SEWER RELOCATION PROJECT PHASE IV, CWF05-550-21A 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 730 Item 6f RESOLUTION NO. 33-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE 2006 BROAD STREET SEWER RELOCATION PROJECT, CWF06-550-01 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 7 Minutes of the December 1, 2005 Park Board were received. Item 6a RESOLUTION NO. 28-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) 1/2-TON EXTENDED CAB PICKUP FROM PRUITT COUNTRY FORD IN THE AMOUNT OF $14,898.00; 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. 29-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) 3/-TON PICKUPS FROM FOUR STAR AUTO RANCH IN THE AMOUNT OF $30,253.50. 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. 30-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) %-TON CARGO VAN FROM FOUR STARS AUTO RANCH IN THE AMOUNT OF $16,518.75; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6d RESOLUTION NO. 31-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF FOUR (4) 4-DOOR SEDANS FROM PRUITT COUNTRY FORD IN THE AMOUNT OF $48,076.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 6a-6d were acted upon as one item. Moved by Councilor Norrie that Items 6a-6d be passed. Motion seconded by Councilor Ammons. Councilor Norrie asked if any of the bids were within the 3% range. Mrs. Peggy Gahagan replied that they were not; they were around the 8-12% range. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore 731 Items 6a-6d continued Nays: None City Council recessed at 9:10 a.m. and reconvened at 9:20 a.m. Item 8a A proposed ordinance was presented amending Ordinance No. 14-2006 to include a proposition on the ballot of the May 13, 2006 General-Special Election, reducing the percentage of the 4A sales and use tax used for economic development from one-quarter to one-eighth of one percent; further, adopting an additional sales and use tax of one-eighth of one percent for maintenance and repair of streets in the City. Moved by Councilor Ginnings that proposed ordinance be passed. Motion seconded by Councilor Roberts-Burns. City Attorney informed the Council that there was no legality issue in dividing the one quarter cent sales tax for street repairs. Kay Yeager, 2111 Avondale, BCI Chair, informed that BCI's primary function was to work with the 4A Board and the City of Wichita Falls to increase jobs in Wichita Falls. Primary was job creation, but more importantly is the survival of existing businesses. The common theme is incentives. The 4A Board establishes the incentives used by BCI. Wichita Falls does not benefit from the growth in the metroplex. We are 40 years behind economic development. Previously the private sector supported BCI in economic development. Burkburnett and Iowa Park have joined us in BCI. It is a big step backwards to split the one quarter sales tax. She urged the Council to look at other options. If you pass this it will send a message to our competitors that says Wichita Falls is not interested in economic development. She submitted a resolution passed by the BCI Board of Directors in support of keeping the one quarter sales tax as is. Arthur Bea Williams, 1602 Andrews, spoke as a citizen who is interested in what is going on here; and she also worked on the committee to set this sales tax aside. She encouraged Council not to change the one quarter sales tax. When we put it in we said we would not change It and we need to utilize it to the fullest. We should try to be more creative and innovative in the use that is already there. I think we need to tighten our belts to take care of the streets. Do not change it. Randy Wachsman, 1409 Tanglewood, was here as a citizen. We passed this 4A sales tax for certain reasons and I do not believe you should change it for other uses. This is the world we are living in today. If I was a CEO and needed to expand, the first call would be to see what the City can do for me. It is better to have it and not need it, than need it and not have it. We are trying to buy business and we need to be ready to do it. Leave things as they are. The following persons spoke against the ordinance, urging Council not to change the one quarter sales tax. Beau Stahler, 2016, Chair 4A Board, BCI Member Tommy McCullough, 4925 Quail Springs, BCI Member Leo Lane, 2403 Martin, BCI Member Susan Plies, 4207 Briarcliff, PPG Plant Manager Tim Chase, 5413 Starwood, BCI Director, presented a summary of economic development activities and primary job creation. Councilor Ginnings referred to the encumbrances and numbers given today. Numbers can be presented in a way that confuse people unless they really look into them. The number that would have been in the tank if we had 1/8 of a cent from the beginning has to include encumbrances in order for that to be true; but encumbrances are paper items. If you take the actual hard dollars received and the actual checks written, you come up with a positive result, which tells me that along the way you might have to do some bridge financing along the way. At the end of 2005 (9 years) you still have a surplus there, you might have encumbrances; but if you had to write a check bigger than what you had you would have to do some interim financing along the way. I would like the public to understand that you have to include those journal entries, or paper figures, in order to come up with a negative balance and to come up with the $9 million unencumbered. 4A has about $15 million in the bank. I want to see our development staff and efforts fully and 732 Item 8a continued adequately funded. Of the revenue available to us in all areas, how much do we want to bank up before it is enough and before we ask the public to let us raise taxes? That is the question those of us that are elected and accountable need to ask ourselves. Councilor Ginnings asked Mr. Chase if he agreed that the difference in the numbers of what is available to us is the result of the encumbrances, some of which may be paid and some may not be paid? Mr. Chase disagreed. You have to look at what caused that encumbrance to take place. He went over the process. A contractual arrangement between the 4A Board and a company is not just a paper adjustment or a simple budget line item; it is a commitment in writing that we will perform in a certain way, provided the company performs in another way. To say that those encumbrances are accounting entries and are not necessarily to be considered expenses, I do not agree with that statement. Councilor Ginnings clarified that his question was the difference between the numbers that have been quoted. Mr. Chase agreed. Councilor Ginnings asked if it was not true that some of these encumbrances are added back because either they become unattainable or go away because of lack of performance. Mr. Chase acknowledged that that was correct. Some of those encumbrances we ask that the incentive be approved before an industry comes to Wichita Falls. He mentioned the Call Center as an example. If we do not have the money in the bank it weakens our competitive nature. When do we say we have enough? There are a couple of questions you have to answer: 1) How big a project do you want us to be prepared for and 2) how competitive do you want us to be in a certain size project? Councilor Norrie stated that economic development cannot stand still. BCI is under funded and under staffed, where we are hindered in being competitive. What can the City do to help BCI so that you can succeed? This is the question I asked in the Strategic Planning Meeting. BCI just finished a Marketing Plan and the Business Park is just now beginning to develop. Military Affairs is another important area. I would like to see as many resources as we can to keep economic development growing. Councilor Ammons stated that she is very pro-economic development but she is also on the City Council and is torn on this issue. She wanted to know when somebody looks at Wichita Falls what they are looking for. Mr. Chase replied that it starts in a process, a sequential set of things that happen and they are all different for each project. First thing is a real estate solution and second is the workforce cost of operating, which is the most expensive. If those things are set they can evaluate and compare "softer issues" like pubic safety, public health, qualify of life and education. Last are the incentives and this is what would tip it toward us; however we have changed it and put the incentives at the beginning so we can be considered. Councilor Ammons referred to the real estate solution and stated that we spent $4 million on an Industrial Park. Do we need to build vacant buildings and they will come or build to suit? What are your plans? Mr. Chase replied that they do have plans. History will tell you that in our community that residential profits have, but industry has to be subsidized. I see a future where industrial development is just as profitable because our economy is so robust. How do we get there? We can underwrite the horizontal development, the Business Park, which would encourage vertical development. Either a lower margin would have to be taken by the development or be subsidized. I would like to exhaust all other options. Councilor Ammons asked if we have done all the horizontal development we are going to do? Mr. Chase responded in the negative. He thinks there are other things that can be done to the Industrial Park, such as railroad, energy, etc. Councilor Ammons asked if we had the work force for development. Mr. Chase replied that we have the work force today. Councilor Ammons brought up other issues such as the need to train for Wichita Clutch, staffing a Gang Task Force and complying with State law on the two in, two out rule for the Fire Department. It all comes down to raising taxes or some other revenue. We are all for economic development but this is an option for the City to address those "soft Issues". We also have some image issues on our agenda today. Our image is important to encourage people to move here. The public still wants the best of the best and we have been behind and are trying to play catch up. There are a lot of issues that have been put on the back burner. It is not because I am against economic development, the issue is do we look at other agencies for funding in our City instead of raising taxes? 733 Item 8a continued Councilor Norrie disagreed with taking money out of these funds. If we had a larger tax base we could take care of these needs. It will help in small areas but will not touch some major areas. Consider this at budget time. Look at different options to take care of these needs. Mayor was not in favor of this ordinance. 4A is important to our community. I would rather look in a different direction. We may have to look at increasing taxes. This is a way for us to grow economically. Gary McClellan, 5121 Tower, was not in favor of reducing the 4A sales tax. He has heard two complaints all his life: 1) There is nothing to do here; and 2) there are no jobs here. Many of the people he grew up with here have moved away to get better jobs. This population loss will continue unless we increase jobs. He questioned those projects that could have been brought here and how much it would cost to bring them here. He did not think that a $9 million reserve would be excessive. We need to stay in a competitive stage throughout the U.S. and the world. He commented that the condition of the streets have not been the cause of vehicles being ruined. He also noted that people are leaving here because of lack of jobs and training. Expansion brings new plants, new jobs, and new people. Passage of this ordinance would hamper Wichita Falls. Councilor Gonzalez agreed with Mr. McClellan's statements on why we need to keep the 4A sales tax as it currently exists. He was on the 4A Board and knows that there are a lot of people that believe in this. Councilor Roberts-Burns stated that changing the 4A sales tax should not be in the best interest of the City. Councilor Ginnings felt it was unfortunate that our only option for this money, if it were made available, is streets. For those opposed to this, this would only last for four years, and then it comes back unless the voters approve it again. I want us all to realize that if we did spend this one eighth of a cent, which is projected to yield $1.8 million this year, what we are looking for here is to free up money in our general budget that would allow us to increase our police force and to hire these six firemen to comply with the law that says you have to have two firemen inside and two outside. The City Manager could name other items, like the comprehensive job and salary survey, which I don't think is going to result in a net reduction in our payroll budget. Just know that we are not just trying to fix streets; we are trying to use the money that is available to us in the best possible way. The citizens voted to do what we are doing. I am not aware of any commitment to never change because that would not be a valid commitment. The citizens did that in their wisdom and I am more amazed that the Legislature in their wisdom even provided this opportunity. He asked if there was something wrong with reviewing where we have come from since 1996. We do not want to under fund or emasculate 4A. Councilor Ginnings mentioned what our options would be if the citizens voted to do this: 1) With a 4A budget of $1 million and $1.8 million revenue, $1.8 million today which is increasing at 3% per year leaves $700,000-$800,000. If it is $800,000 you could bond $10 million and that could be added to what was is already in the bank, if you needed that kind of money. 2) Anything that is 4A eligible, 4B money can be used. If we had only 4B and it was funding BCI staff and all the primary development programs we would be doing what we are doing now except we would not have a 4A, which is exclusively primary. Some cities just have 4B. 4B money is also available however; it will be encumbered pretty quickly. 3) Finally the City has the bonding authority. Everyone on this Council wants to see 4A primary development; if you have a legitimate project we want to see it done. When I looked at it I thought there were some options that we had rather than going to the public and saying that we are banking up money that is sitting there and we are waiting on this big program to come here. Can we more efficiently handle the money available to us? A safe and clean city with a modest tax rate is also an attraction to businesses. It is not true that this is either-or. BCI and 4A will continue if we made this change; it is not going to go away. It looked like we had a viable opportunity to efficiently use our tax dollars and give our citizens some break on mitigating the increase that is coming. It is not all about pot holes, and I don't want anyone to go away thinking that is all this is about. I want to see everything funded properly and adequately. This seems to be an alternative that is viable and I am going to vote to do it. Motion failed by the following vote. Ayes: Councilors Ginnings and Ammons Nays: Mayor Lyne, Roberts-Burns, Norrie, Gonzalez, and Elmore 734 Item 8a continued City Council recessed at 10:30 a.m. and reconvened at 10:45 a.m. Mayor moved Item 9h up to be considered at this time. Item 9h RESOLUTION NO. 40-2006 RESOLUTION APPROVING AN AMENDMENT TO THE NON-ANNEXATION AGREEMENT WITH PPG INDUSTRIES, INCORPORATED, GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SIX YEARS BEGINNING JANUARY 1, 2006; 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. 40-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8b ORDINANCE NO. 16 -2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE NO. 7-2006 DATED FEBRUARY 7, 2006 TO GRANT ADDITIONAL TIME FOR THE OWNER OF THE PROPERTY AT 2712 COLQUIT 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.16 -2006 be passed. Motion seconded by Councilor Ammons. Mr. Dave Clark informed that the new owner of 2712 Colquit is a contractor and can do the job. Staff recommends an extension of 120 days ending on July 6, 2006 with substantial progress within 45 days and obtaining a Certificate of Occupancy at the end of business day on July 6, 2006. Failure to meet these deadlines will result in demolition of the structure without further notification. Moved by Councilor Gonzalez to amend the proposed ordinance by allowing Mr. Jose Torres a 120 day extension, ending on July 6, 2006 with substantial progress within 45 days, and a Certificate of Occupancy by July 6, 2006. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 735 Item Sc ORDINANCE NO.17-2006 ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 46 AT ARTICLE III, ABANDONED, INOPERATIVE, OR JUNKED MOTOR VEHICLES; PROVIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY; 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.17 -2006 be passed. Motion seconded by Councilor Ammons. Councilor Gonzalez stated that the way the ordinance was provided, it appears like everything is new; the wording that was replaced was not shown on what was provided to Council, only the new language. He felt that they did not get an overall picture and he would like to table this in order to look at the old and new language. He would like to include the screening ordinance as well because it relates to this issue. Mr. Clark informed that the screening is part of the Zoning Ordinance, and Planning & Zoning would have to pass it before it goes to Council. Moved by Councilor Gonzalez that the proposed ordinance be tabled. Motion seconded by Councilor Elmore and failed by the following vote. Ayes: Councilors Gonzalez and Elmore Nays: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, and Norrie Councilor Gonzalez asked about the State allowance on the age of a vehicle and asked that Staff provide him that information. Main motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: Councilor Gonzalez Councilor Ammons stepped out of Council Chambers. Item 8d ORDINANCE NO. 18-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING ORDINANCE 22-89 TO APPROPRIATE FUNDS FROM THE CEMETERY REVENUE FUND IN AN AMOUNT NOT TO EXCEED $8,000; AND AUTHORIZING THE PROPERTY ADMINISTRATOR TO PURCHASE WITH SUCH FUNDS THE VACANT LOTS ADJACENT TO RIVERSIDE CEMETERY AT 312 AND 314 CLIFT STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ginnings that Ordinance No. 18-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 736 Item 9a RESOLUTION NO. 34-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A FINANCING PLAN FOR PUBLIC IMPROVEMENTS WITHIN TIF #2 ASSOCIATED WITH THE MCGRATH CREEK CROSSING DEVELOPMENT AND ENDORSING AN APPLICATION TO THE 4B SALES TAX CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Ammons returned to Council Chambers. Moved by Councilor Ginnings that Resolution No. 34-2006 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Councilor Norrie stepped out of Council Chambers. Mayor moved Item 9d up to be considered at this time. Item 9d A proposed resolution was presented authorizing the City Manager to execute a license agreement with the YMCA of Wichita Falls granting extended reservation privilege for use of ball fields in University Kiwanis Park and Lake Wichita Park for a spring and fall Youth Baseball League in 2006. Mayor informed that the YMCA representatives had received this document this morning and suggested tabling it. Moved by Councilor Ammons that proposed resolution be tabled. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Councilor Norrie returned to Council Chambers. Item 9b RESOLUTION NO. 35-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT WITH TXU ELECTRIC DELIVERY; 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. 35-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 737 Item 9c RESOLUTION NO. 36-2006 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT FOR A JOINT ELECTION ON MAY 13, 2006; 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. 36-2006 be passed. Motion seconded by Councilor Ammons. City Attorney informed that in Section X (3), there were two items with the same number, and he asked that the first item numbered (3) referring to the $6000 payment to Mrs. Ozuna be deleted. This item will be handled by the WFISD and Mrs. Ozuna under a separate agreement. Moved by Councilor Gonzalez to delete the first item (3) under Section X of the Agreement. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9e RESOLUTION NO. 37-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT TO THE TEX MEX BASEBALL LEAGUE OF WICHITA FALLS FOR EXTENDED RESERVATION PRIVILEGES TO USE THE BALL FIELDS IN SPUDDER PARK AND WILLIAMS PARK FOR THEIR 2006 ADULT BASEBALL LEAGUE; 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. 37-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9f RESOLUTION NO. 38-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE GEORGE AND FAY YOUNG FOUNDATION IN DALLAS FOR A 29 PASSENGER BUS FOR USE BY THE 50 PLUS ZONE, 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. 38-2006 be passed. 738 Item 9f continued Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9g RESOLUTION NO. 39-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AN ENGINEERING SERVICES CONTRACT WITH PERKINS ENGINEERING CONSULTANTS, INC. FOR AN ODOR CONTROL MASTER PLAN FOR THE RIVER ROAD WASTEWATER TREATMENT PLANT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Resolution No. 39-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9i RESOLUTION NO. 41-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING CONTINUED SUPPORT FOR MAINTAINING THE WICHITA FALLS POLICE DEPARTMENT POLICE ACADEMY; 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. 41-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnin'gs, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10a There were no staff reports. Item 10b Councilor Ammons referred to the 4A issue and expressed appreciation that this Council can disagree amiably. Councilor Ammons informed that on April 8 there will be a dog parade to benefit Relay for Life. This will take place on Weeks Park Lane, and she invited everyone to bring their dogs out for this event. Councilor Gonzalez thanked the City for allowing him to attend the TML orientation in Austin for new board members. He stated that there are a lot of issues that are coming up that will 739 Item 10b continued affect municipalities and he is glad to be there to be informed. Councilor Gonzalez wished his wife a Happy 391h Anniversary. Councilor Norrie agreed with Councilor Ammons' comments about a friendly Council when they disagree on agenda issues. Councilor Norrie expressed appreciation to Councilor Ginnings for his willingness to bring ideas to the table. The 4A issue was a good discussion. He thanked him for bringing that option to the Council. Councilor Norrie brought up the increasing danger at the intersection of Southwest Parkway and Stone Lake Drive, and he asked Staff to see what could be done about placing a traffic signal there. Mr. John Burrus acknowledged that they are continuing to monitor that intersection, and it is a matter of when they can meet State law requirements to place a traffic signal there. Councilor Ginnings thanked Presidential Cab for providing free transportation to the voters today. He mentioned the activities over the weekend of what the Police Department is doing to work against the gangs and other areas of crime. He asked why it was taking so long to get the City signage at the City entrances. Mr. John Burrus informed that they are waiting for Council to make a selection. He will redistribute those samples to Council. Councilor Elmore thanked Mr. Burrus and his crew for the test on the emergency management. He thanked Mr. Scott Taylor for sewer cleanup especially on the north side of town. Mr. Taylor gave information on what should be done with the grease. He asked the citizens to put grease in a can and put a lid on it and put it in the trash can. Councilor Elmore referred to the junked cars and stated that during the Strategic Planning meeting we talked about being friendly with the residents. I have copies of letters that Code Enforcement sends out to the public and asked if only one letter is sent out; he suggested that more than one letter be sent out. He mentioned that the fine for tall grass and weeds is up to $2000, and asked if anyone had been fined that amount. Mr. David Clark replied that no one had, but that is what is set out in the Ordinance, adding that it is a property management tool. Councilor Elmore asked that the City make an effort to be friendly; we want to work with the public I am not in favor of punitive charges. Councilor Roberts-Burns encouraged everyone to get out and vote today. Mayor Lyne seconded Councilor Roberts-Burns encouragement to get out and vote. City Council adjourned at 12:15 p.m. PASSED AND APPROVED this CM day of , 2006. LANHAM LYNE 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, March 7, 2006, Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda Ammons, Dorothy Roberts-Burns, Michael Norrie, Ray Gonzalez, and Charles Elmore. 1 . Call to Order 2. (a) Invocation: Pastor Rick Ross Liberty Baptist Church (b) Pledge of Allegiance 3. Presentations (a) Employee of the Month - Kelvin Matthew "Matt" Childs (b) Proclamation: Absolutely Incredible Kid Day - Campfire (c) Proclamation: Taste of the Town - American Red Cross (d) Proclamation: National Nutrition Month - Wichita Falls Dietetic Association (e) Presentations: Certificates of Achievement in Environmental Excellence (1) Delphi Automotive Systems (2) Mirant Wichita Falls, LP (3) PPG Industries, Inc. (4) United Electric Company, LP 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 City Council Agenda Tuesday, March 7, 2006 Page 2 CONSENT AGENDA 6. Resolutions (a) Resolution Authorizing Award Of Bid For The Purchase Of One (1) '/2-Ton Extended Cab Pickup (Council Bill #42) (b) Resolution Authorizing Award Of Bid For The Purchase Of Two (2) 3/-Ton Pickups (Council Bill #43) (c) Resolution Authorizing Award Of Bid For The Purchase Of One (1) %-Ton Cargo Van (Council Bill #44) (d) Resolution Authorizing Award Of Bid For The Purchase Of Four (4) 4-Door Sedans (Council Bill #45) (e) Resolution To Accept The Scotland Sanitary Sewer Relocation Project Phase IV, CWF05-550-21A And Authorize Final Payment To Bowles Construction Co.(Council Bill #46) (f) Resolution To Accept The 2006 Broad Street Sewer Relocation Project, CWF06-550-01 And Authorize Final Payment To Bowles Construction Co. (Council Bill #47) 7. Receive Minutes Park Board Meeting, December 1 , 2005 REGULAR AGENDA 8. Ordinances (a) Ordinance Amending Ordinance No. 14-2006 To Include A Proposition On The Ballot of the May 13, 2006, General-Special Election, Reducing The Percentage Of The 4A Sales And Use Tax Used For Economic Development From One-Quarter To One-Eighth Of One Percent; Further, Adopting An Additional Sales And Use Tax Of One-Eighth Of One Percent For Maintenance And Repair Of Streets In The City (Council Bill #48 (b) Ordinance Amending Ordinance No. 7-2006 Dated February 7,2006 To Grant Additional Time For The Owner Of The Property At 2712 Colquit 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 (Council Bill #49) City Council Agenda Tuesday, March 7, 2006 Page 3 (c) Ordinance Amending In Its Entirety Chapter 46 At Article III, Abandoned, Inoperative, Or Junked Motor Vehicles; Providing A Repealer Clause; Providing For Severability; Finding And Determining That The Meeting At Which This Ordinance Was Passes Was Open To The Public As Required By Law (Council Bill #50) (d) Ordinance Amending Ordinance 22-89 To Appropriate Funds From The Cemetery Revenue Fund In An Amount Not To Exceed $8,000; And Authorizing The Property Administrator To Purchase With Such Funds The Vacant Lots Adjacent To Riverside Cemetery At 312 And 314 Clift Street (Council Bill #51 ) 9. Resolutions (a) A Resolution Approving A Financing Plan For Public Improvements Associated With The McGrath Creek Crossing Development And Endorsing an Application To The 4B Sales Tax Corporation (Council Bill #52) (b) Resolution Authorizing The City Manager To Execute A Settlement Agreement With TXU Electric Delivery (Council Bill #53) (c) Resolution Authorizing The City Manager To Execute An Interlocal Agreement With The Wichita Falls Independent School District For A Joint Election On May 13, 2006 (Council Bill #54) (d) Resolution Authorizing A License Agreement With The YMCA Of Wichita Falls Granting Extended Reservation Privilege For Use Of Ballfields In University Kiwanis Park And Lake Wichita Park For A Spring And Fall Youth Baseball League In 2006 (Council Bill #55) (e) Resolution Authorizing The City Manager To Execute A License Agreement To The Tex Mex Baseball League Of Wichita Falls For Extended Reservation Privilege To Use The Ballfields In Spudder Park And Williams Park For Their 2006 Adult Baseball League. (Council Bill #56) City Council Agenda Tuesday, March 7, 2006 Page 4 (f) Resolution Authorizing The City Manager To Submit An Application To The George And Fay Young Foundation In Dallas For A 29 Passenger Bus For Use By The 50 Plus Zone. (Council Bill #57) (g) Resolution Approving Engineering Services Contract to Perkins Engineering Consultants, Inc. for an Odor Abatement Master Plan for the River Road Wastewater Treatment Plant (Council Bill #58) (h) Resolution Approving An Amendment To The Non-Annexation Agreement With PPG Industries, Incorporated, Guaranteeing Its Immunity From Annexation For A Period Of Six Years Beginning January 1 , 2006 (Council Bill #59) (i) Resolution Authorizing Continued Support For Maintaining The Wichita Falls Police Department Police Academy (Council Bill #60) 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. 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 20 at o'clock (a.m.)(p.m.). City Clerk