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Min 09/21/2010 131 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 21, 2010 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. Glenn Barham - Mayor Dorothy Roberts-Burns - Mayor Pro Tern Linda Ammons - Councilors Michael Smith - Rick Hatcher - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Councilor Rick Hatcher gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Mr. Dick Briggs, Faith City Kennel Club, presented a check to the City in the amount of$335 for the purchase of Microchip Scanners for the Health Animal vehicles. Mayor Barham expressed appreciation to Mr. Briggs and the Faith City Kennel Club. Health Director Lou Franklin also thanked Mr. Briggs and the Faith City Kennel Club informing that this would equip each vehicle with a microchip scanner. Item 3b Mayor proclaimed September 25, 2010 as "Boys and Girls Club Day for Kids in Wichita Falls. 2010 Youth of the Year, Derek Neal accepted the proclamation and gave information on the day's activities, and invited everyone to attend. Mr. Barry Truette, Director Boys & Girls Club, expressed appreciation to the Mayor and Council. Items 3c Mayor proclaimed October 2, 2010 as Oktoberfest Day in Wichita Falls. German Air Force Captain Juergen Voll accepted the proclamation. 132 Item 4 Ms. Glenda Tate, Downtown Merchants Association, provided information on the First Annual Downtown Culture Crawl, which will take place downtown on September 30, 2010. The downtown merchants will be open and there will be vendors, musicians, artists, music; and "Cats' performers will roam the downtown streets. We will be showcasing our downtown and everyone is invited to attend. Item 5a Minutes of the September 7, 2010 Regular City Council meeting were approved as distributed. Items 5b Minutes of the September 14, 2010 Special City Council meeting were approved as distributed. Item 6a-7c City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Hatcher that the Consent Agenda be approved. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 6a RESOLUTION NO. 102-2010 Resolution Authorizing Submission To The U.S. Department Of Housing And Urban Development (HUD) Of A Conflict Of Interest Exception Request For Linda Ammons, An Elected Official Of The City Of Wichita Falls. Item 6b RESOLUTION NO. 103-2010 Resolution Approving An Agreement With The Health And Human Service Commission (HHSC) And The Health District To Perform Medicaid Administration Activities Item 7a-7c Minutes of the following boards and commissions were received. (a) Traffic Safety Commission August 4, 2010 (b) 413 Sales Tax Corporation, August 10, 2010 (c) Wichita Falls —Wichita County Public Health Board, June 25, 2010 Item 8 A public hearing was held on the 2010-2011 Preliminary Budget. Mayor declared the public hearing open. Mr. Jim Dockery provided detailed information on the budget process 133 Item 8 continued Councilor Hatcher expressed appreciation to the City Manager and staff for the work that went into this budget and all the cuts that were made. Maybe this is the year that we can look at reprioritization of certain things that will benefit us in future years. This budget includes a two cent increase and that is his main concern because he believes that times are going to get better and with that comes sales tax revenue and development, which means increased property tax revenue. He mentioned the additional increases and new fees in this budget and some of the cuts that were made, as well as the attrition process in deleting 15 positions. He is in agreement with increases in several areas because if we use those services we need to pay for them. He suggested pushing the Capital Improvement Projects, for this year, back one year. This is his position on the budget. Mr. Dockery explained that the budget does have approximately $5 million increase. He pointed out that $1.3 million is for Castaway Cove Water Park which has its own set of revenues. Also we are anticipating a receipt in addition of over $1 million revenues from grant resources. Of the $5 million $2.3 million is for those two reasons. For Capital Improvement Project improvements we have set out about $4 million of increased spending for infrastructure related items, such as streets, stormwater, water and sewer lines. The $5 million is not totally increased spending; it is increased grants, and does have the water park and increased infrastructure but that has been offset by reduction in other areas, such as attrition of 15 jobs. He explained that the tax rate is split up into two sections - Operations & Maintenance (O&M) and Debt Service. The total tax increase would be $20 increase on a $100,000 home; however, we have a lower need for debt requirements with that tax rate so it is a $27 increase for Operations &Maintenance. Councilor Hatcher commented that Council is united for the love of the City and he just has a different take on how he would like to see it done. There are a lot of things happening in Washington right now that I do not like in the way they are going about things, and I do not want see us begin to act that way. Councilor Smith expressed appreciation for the work of the staff over a two year period, cutting, rearranging, and the things we do not like to do is attrition of jobs. Hopefully things will get better and we can re-look at those things, one is the Library. He wants to have that put on the top when things get better. It is a balanced budget except for the two cents, which is to repair streets. It is a conservative budget. You have to maintain your infrastructure whatever it is. That is that we depend on and do not think about it on a day to day basis but someone needs to pay the bill. It is a real plus to be able to fix, maintain and be able to have one of the best infrastructures in the State. This is what it is all about providing services to the citizens. He is looking forward to better times. City Manager appreciated Councilor Hatcher's comments especially about Washington D.C. and what is going on there. We would go to jail if we did things like not balance our budget. We have millions of dollars of unfunded mandates that we have had to address from Washington and Austin and they do not come with money only requirements. If you take out the Water Park, the grant, and dollars specifically for the street infrastructure, our budget is down and that includes all the unfunded mandates. He thanked Council for all the hard work they have put into this, and staff for working on this budget since March. Our work is just beginning because we will have to live within this budget. Next year is going to be another tough budget. My management staff will continue to look for ways to work more efficiently and look where we can make more cuts because next year is going to be another tough budget. I do not think we will see much increase in property evaluations; I hope to see some increase in sales taxes. It will be a tough legislative time for our state because they are about $20 million short in revenue and they are going to look for more dollars from the cities, and that means more unfunded mandates, and we will have to include that in our budget next year. Sometimes there are changes made that we have no control over and I want our citizens to realize that. Mayor echoed Councilor Smith and Hatcher's comments. He thanked all our staff that has worked on this budget. It is hard work and hard to find places to cut. You have done an admirable job. You have our thanks. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. 134 Item 9a ORDINANCE NO. 51-2010 Ordinance Adopting The Annual Budget For The Fiscal Year Beginning October 1, 2010 And Ending September 30, 2011, Approving Revisions To The FY 2009-10 Budget, and Declaring An Emergency Moved by Councilor Roberts-Burns that Ordinance No. 51-2010 passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Ingle, and Ward Nays: Hatcher Item 9b ORDINANCE NO. 52-2010 Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And Support Of The Wichita Falls Municipal Government And Providing For The Interest And Sinking Fund For The 2010-11 Fiscal Year; and Declaring An Emergency. Moved by Councilor Ammons that Ordinance No. 52-2010 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Ingle, and Ward Nays: Hatcher Item 9c ORDINANCE NO. 53-2010 Ordinance Amending And Providing For Various Fees And Rates Of The City Of Wichita Falls, Providing For Limited Codification, And Declaring An Emergency And Effective Dates Moved by Councilor Hatcher that Ordinance No. 53-2010 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 9d ORDINANCE NO. 54-2010 Ordinance Adopting The Five Year Capital Improvement Plan For The Fiscal Year Beginning October 1, 2010 And Ending September 30, 2015. Moved by Councilor Roberts-Burns that Ordinance No. 54-2010 be passed. Motion seconded by Councilor Ward. 135 Councilor Ingle commented that being on Sheppard for 12 years in flying operations; he has come to the belief that combining civilian and high tempo military operations is not always a good thing. In terms of building another$30 million airport for four flights a day in a field that we cannot even get cargo capacity into, I would like to start thinking about building another airport outside the City, west, and out of the way of Sheppard, which they can also use as an alternate divert field in extra training. Plus, it would allow more flying missions to come into Sheppard. We could put a nice terminal out there and it could look like another Alliance Fort Worth and get some other companies to come in and work it; it would be a big joint project. This is a dream of his and it would be long term. That is the only thing he does not like about the Capital Improvement Plan; do not see putting a lot of money in there even though we need a new terminal. The more civilian aircraft we get in with Sheppard the more we hurt their flying operations. The number of near misses, number of things that have gone on and the number of people that have flown in is very dangerous. If we are going to invest a lot of money, let's invest in something that will give us a big return with future business, larger airport, expansion, and change for cargo capacity for other companies to come in with us. Motion carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 9e ORDINANCE NO. 55-2010 Ordinance Granting A Variance From Section 5430.B. Of The Wichita Falls Code Of Ordinances, Which Prohibits Alcohol Sales Within 300 feet Of A School, To The Property At 3139 5th Street, Which Is Owned By Mike Toliver D/B/A MT's Barbecue Restaurant. Moved by Councilor Hatcher that Ordinance No. 55-2010 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None City Council recessed at 9:35 a.m. and reconvened at 10:00 a.m. Item 10a RESOLUTION NO. 104-2010 Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation Budget For Fiscal Year 2010- 2011 Moved by Councilor Hatcher that Resolution No. 104-2010 be passed Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None 136 Item 10b RESOLUTION NO. 105-2010 Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B Sales Tax Corporation Budget For Fiscal Year 2010-2011 Moved by Councilor Hatcher that Resolution No. 105-2010 be passed Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 10c RESOLUTION NO. 106-2010 Resolution Authorizing The City Manager To Execute A Contract With Habitat For Humanity Of Wichita Falls, Inc. Acting As An Eligible Community Housing Development Organization (CHDO) Under The HOME Investment Partnership Program. Moved by Councilor Ammons Resolution No. 106-2010 be passed Motion seconded by Councilor Smith. Councilor Roberts-Burns stated that she would abstain. Motion carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Hatcher, Ingle, and Ward Nays: None Abstention: Councilor Roberts-Burns Councilor Roberts-Burns is on the Habitat for Humanity Board. Item 10d RESOLUTION NO. 107-2010 Resolution Awarding Bid For The Purchase Of LED Street Lights To Greenstar Products, Inc., In The Amount Of $169,125.00, With An Option To Purchase Additional Units At $18,250.00-1 And To Kriz-Davis Company In The Amount Of $389,005.00, With An Option To Purchase Additional Units At $201,115.00 Moved by Councilor Ammons that Resolution No. 107-2010 be passed Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None 137 Item 10e RESOLUTION NO. 108-2010 Resolution Authorizing The City Manager To Execute A Contract With Bowles Construction Company To Perform By-Pass Pumping Of Wastewater To Facilitate Repairs To The Lower Wet Well Coating At The River Road Wastewater Treatment Plant In An Estimated Amount Of$113,864.00 Moved by Councilor Ammons that Resolution No. 108-2010 be passed Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 10f RESOLUTION NO. 109-2010 Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation (WFEDC), And Amending The Budget As Appropriate For The Downtown Wichita Falls Promotion Project In The Amount Of$50,000 Moved by Councilor Ammons that Resolution No. 109-2010 be passed Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 11 a There were no staff reports. Item 11 b Council members brought up the following matters. Councilor Roberts-Burns: a) Thanked the Mayor and staff for the town hall meeting; good turn out and good questions. b) October 9 and 16 dumpsters will be placed at Jalonick Park, Lynwood Park and Spudder Park for Clean-Up Days in District 2; everyone in District 2 is invited to participate. Councilor Ward: a) Pleased with today's action on the budget. This is a wonderful community and a great staff b) Would like to see some work begin in District 5. She asked that staff look at some things out there. Councilor Smith: a) September 24-25 Falls Fest will be taking place in Lucy Park; City will have two buses running from MPEC to Central Services, right next to Lucy Park. Police to provide the great service as in the past years. b) Compost give away Saturday October 2 from 9 a.m. to 3 p.m. at the Wiley Road City Landfill. 138 Item 11 b continued c) October 2 the seasonal flu shot clinic will be held at the MPEC Exhibit Hall from 8 a.m, to noon. Councilor Hatcher: a) Recommended that folks get in line early to ride the Zipper at Falls Fest. b) Enjoyed the "Cats" performance at the Wichita Theater; outstanding; encouraged everyone to attend. A lot going on in downtown Wichita Falls; check it out. c) Saturday at Rider High School the 2nd Annual Red River Drum Line Showcase; the cost is $5 and very well worth it. The University of North Texas Drum will perform at 6 p.m. d) Burkburnett High School Class of 1980 is having their reunion Oct. 1-2. e) You can turn left at Arby's on red light after you stop. f) He is glad that we are not going to turn into Somalia after all. Councilor Ingle: a) Asked citizens not to compare our City with what is happening with the federal budget in Washington, D.C.; they have not had a balanced budget in two years. City Manager and staff have worked very hard on the budget to take care of services for the citizens; it is not a redistribution of wealth; it is taking care of what we have. Encouraged citizens to not take a little bit of information and make a judgment call. b) Referred to computer concerns by Mr. Scott Storm, and commented that Blake Jurecek, Information Systems Manager, gave an outstanding report but he did what he needed to do to be able to do a great job. c) Thanked Mark Beauchamp and his staff for striping the exit from the Utility Collections drive-through. d) Asked Police to check on the vacant building across from the Dollar Store on 9th and/or 5th Street; vagrants are using it and migrating in and out of the Dollar General Store e) Loves that Wichita Falls is leading the way in a lot of things, and we actually lowered our budget, decreased staff; we increased some things to take care of some issues but we got ahead of it where some other cities are making drastic cuts, like furloughs. Commended Mr. Beauchamp for his work on the LED street light report. f) Thanked everyone for the good job they have done and looking forward to another good year. Councilor Ammons: a) Asked if the turn at Arby's can be a flashing red light. Mr. Beauchamp informed that it cannot; law does not allow it. b) Commended Mr. Beauchamp for the great research he did on the LED street. lights c) Read Letters to the Editor from Stephanie Ledagard responding to the man who had been gone from here for 37 years and said nothing has changed in Wichita Falls; she did a great job of defending the City of Wichita Falls. d) Asked for report on the T-O Fair. Mr. Sullivan informed that it went very well with no incidents, but no financial report as yet. e) Would like for staff to put the City's events in the TML Texas Town & City magazine. f) Commended Blake Jurecek on how we purchase our computers. Mayor Barham: a) Condolences to Assistant City Manager Kevin Hugman and his family in the loss of his uncle. b) Mentioned the U.S. Postal Services proposed survey to close the postal processing annex building on Hatton Road, which would mean the loss of 50-60 jobs locally. Public comments and concerns can be submitted to the Consumer Affairs Manager for Postal Affairs in Ft. Worth. This will be placed on City website. c) Attended Sheppard Military Affairs meeting and they were given new information on economic impact from SAFB. We need to keep them here; our current federal government is of the mindset to close bases and we do not need for them to close SAFB. d) Crime Stoppers news release indicating their own pace for a record year this year. Doing a great job and the money goes back into the community by way of reward payments. Citizens need to continue getting involved in this program e) Cats was a great performance; encouraged everyone to go see it. All the performers did a phenomenal job. 139 Item 12 City Council adjourned at 10:50 a.m. PASSED AND APPROVED this day of D Q o 2010. Cto-. �—." GLENN BARHAM MAYOR ATTEST: Lydia Ozuna City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor Linda Ammons, Councilor At Large , Michael Smith District 1 ., Dorothy Roberts-Burns, Mayor Pro Tern � 1 • /.� �(�j�' Rick Hatcher, District 3 ef �CyJ� A Tim Ingle, District 4 -` T E X A S Mary Ward, District 5 S/c�Skies Ct�denO��o�tun�7ie� Darron Leiker, City Manager -- Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, September 21, 2010 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Dr. Michael Roberson, Pastor Lamar Baptist Church (b) Pledge Of Allegiance 3. Presentations (a) Presentation — Check for Microchip Scanners from Faith City Kennel Club, Dick Briggs (b) Proclamation — Day for Kids — Boys & Girls Clubs of Wichita Falls 2010 Youth of the Year, Derek Neal (b) Proclamation —Oktoberfest— German Air Force, Captain Juergen Voll 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: (a) September 7, 2010 Regular Meeting Of The Mayor And City Council (b) September 14, 2010 Special Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolutions (a) Resolution Authorizing Submission To The U.S. #153 Department Of Housing And Urban Development (HUD) Of A Conflict Of Interest Exception Request For Linda Ammons, An Elected Official Of The City Of Wichita Falls City Council Agenda Tuesday, September 21, 2010 Page 2 (b) Resolution Approving An Agreement With The Health #154 And Human Service Commission (HHSC) And The Health District To Perform Medicaid Administration Activities 7. Receive Minutes (a) Traffic Safety Commission, August 4, 2010 (b) 4B Sales Tax Corporation, August 10, 2010 (c) Wichita Falls-Wichita County Public Health Board, June 25, 2010 REGULAR AGENDA 8. Public Hearing On The 2010-2011 Preliminary Budget 9. Ordinances (a) Ordinance Adopting The Annual Budget For The Fiscal #155 Year Beginning October 1, 2010 And Ending September 30, 2011, Approving Revisions To The FY 2009-10 Budget, and Declaring An Emergency (b) Ordinance Levying, Assessing, And Fixing The Tax Rate #156 For The Use And Support Of The Wichita Falls Municipal Government And Providing For The Interest And Sinking Fund For The 2010-11 Fiscal Year; and Declaring An Emergency (c) Ordinance Amending And Providing For Various Fees #157 And Rates Of The City Of Wichita Falls, Providing For Limited Codification, And Declaring An Emergency And Effective Dates (d) Ordinance Adopting The Five Year Capital Improvement #158 Plan For The Fiscal Year Beginning October 1, 2010 And Ending September 30, 2015 (e) Ordinance Granting A Variance From Section 5430.13. Of #159 The Wichita Falls Code Of Ordinances, Which Prohibits Alcohol Sales Within 300 Feet Of A School, To The Property At 3139 5t" Street, Which Is Owned By Mike Toliver D/B/A MT's Barbecue Restaurant 10. Resolutions (a) Resolution Approving The Programs And Expenditures #160 Of The Wichita Falls Economic Development Corporation (WFEDC) Budget For Fiscal Year 2010-2011 City Council Agenda Tuesday, September 21, 2010 Page 3 (b) Resolution Approving The Programs And Expenditures #161 Of The Wichita Falls 4B Sales Tax Corporation Budget For Fiscal Year 2010-2011 (c) Resolution Authorizing The City Manager To Execute A #162 Contract With Habitat For Humanity Of Wichita Falls, Inc. Acting As An Eligible Community Housing Development Organization (CHDO) Under The HOME Investment Partnership Program (d) Resolution Awarding Bid For The Purchase Of LED #163 Street Lights To Greenstar Products, Inc., In The Amount Of $169,125.00, With An Option To Purchase Additional Units At $18,250.00; And To Kriz-Davis Company In The Amount Of$389,005.00, With An Option To Purchase Additional Units At $201,115.00 (e) Resolution Authorizing The City Manager To Execute A # 164 Contract With Bowles Construction Company To Perform By-Pass Pumping Of Wastewater To Facilitate Repairs To The Lower Wet Well Coating At The River Road Wastewater Treatment Plant in an estimated amount of$113,864.00 (f) Resolution Approving The Programs And Expenditures #165 Of The Wichita Falls Economic Development Corporation (WFEDC), And Amending The Budget As Appropriate for the Downtown Wichita Falls Promotion project in the amount of$50,000 11. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 12. 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. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. City Council Agenda Tuesday, September 21, 2010 Page 4 Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. 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 , 2010 at o'clock (a.m.)(p.m.). City Clerk