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Min 09/07/2010 121 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 7, 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 - Timothy Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Reverend Mr. Jim Bindel, Deacon Our Lady Queen of Peace Catholic Church, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Mr. Elmer Emory with the University Kiwanis Club presented a check in the amount of$2000 for the 2009 profits from the ball field concession stand. Item 3b Dr. Joe Wurster with the Texhoma Area Veterinarian Medical Association presented four Microchip Scanners to the Health Department. Item 3c Mayor proclaimed September 17-23, 2010 as "Constitution Week in Wichita Falls". Representatives from the Daughters of the American Revolution accepted the proclamation. Item 3d Mayor proclaimed September 2010 as "Life Insurance Awareness Month in Wichita Falls". Mr. David Farabee and Mr. Kelly Mesas with the National Association of Insurance and Financial Advisors of Wichita Falls accepted the proclamation. 122 Item 3e Mayor proclaimed September 11, 2010 as "Museum Day in Wichita Falls" and encouraged everyone to participate in the Museum Day "Stroll & Roll" and to visit the museums in Wichita Falls. Numerous representatives from several organizations accepted the proclamation. Item 3f Mayor proclaimed September 2010 as "National Emergency Preparedness Month in Wichita Falls. Emergency Management Coordinator John Henderson accepted the proclamation. Item 3g Mayor recognized Mr. Mark Englishbee, Fire Equipment Operator-Rescue- 5, as Employee of the Month for September 2010. Mayor presented Mr. Englishbee with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 4 Mark Masman, representative for the Texas Harley Owner Group (HOG) Rally, informed that there were over 1800 persons attending .and expressed appreciation to the First Responders, Police Department and their motor patrol, the Street Department, and MPEC staff, and their great facility. Mr. Masman presented the Mayor a plaque of appreciation. Item 5 Minutes of the August 17, 2010 City Council meeting were approved as distributed. Items 6-7d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Dorothy Roberts-Burns that the Consent Agenda be approved. Motion seconded by Michael Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 6 RESOLUTION NO. 99-2010 Resolution Awarding Bid For The Purchase Of 25 Bus Shelters In The Amount Of $68,000 To Handi-Hut Incorporated, With An Option To Purchase 15 Additional Units Within The Next 12 Months Items 7a-7d Minutes of the following boards and commissions were received. (a) 4A Sales Tax Board, May 19, 2010 (b) Traffic Safety Commission, June 2, 2010 (c) Park Board, June 24, 2010 (d) Landmark Commission, July 20, 2010 123 Item 8 A public hearing was held on the Proposed Property Tax Rate for the 2010-11 Fiscal Year. Mr. Jim Dockery, Chief Financial Officer, provided information on the proposed two cent sales tax increase. Charles Elmore, 1333 Crescent Lane, suggested outsourcing solid waste pick up. Norman Cochran, 4651 Sierra Madre, asked why the two cent tax sale increase was going to fund street maintenance work. City Manager replied that that is where he sees the biggest need and even with this we are still quite behind in street maintenance. Councilor Smith asked that, for information, staff confirm that the two cents would be the top limit with no possibility to go over the two cents. Mr. Dockery explained that there would have been a possibility to go over the two cents but Council passed a resolution for two cents and that then set the maximum for this year. Councilor Smith commented that the additional two cents would be $20/year for a $100,000 home. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 46-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Rezoning Lots 27, 28, And 29 Of Block 4, Hillcrest Addition, A.K.A. 1414 32"d Street, From Residential Mixed Use To General Commercial Moved by Councilor Ammons that Ordinance No 46 -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 9b ORDINANCE NO. 47-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Rezoning 11.88 Acres Of Land In Lot 5-B Of Block 20, Stone Lake Estates, From Single Family-2 To Conditioned General Commercial, And Amending The Land Use Plan To Show The Area As Commercial Moved by Councilor Roberts-Burns that Ordinance No. 47-2010 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 124 Item 9c ORDINANCE NO. 48-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, 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 2801 Midwestern Parkway, Which Is Owned By Benny And Barbara Land D/B/A Atlanta Bread Moved by Councilor Ammons that Ordinance No. 48-2010 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 Item 9d ORDINANCE NO. 49-2010 Ordinance of the City Council of the City of Wichita Falls, Texas, ("City") approving a negotiated resolution between the Atmos Cities Steering Committee ("ACSC" or"Steering Committee") and Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or"Company") regarding the Company's third Rate Review Mechanism ("RRM") filing in all cities exercising original jurisdiction Moved by Councilor Ammons that Ordinance No. 49-2010 be passed. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward Nays: None Item 9e ORDINANCE NO. 50-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Reappointing Mike Whalen And Diane Dockery As Substitute Judges Of The Municipal Court For Terms Of Two Years Moved by Councilor Roberts-Burns that Ordinance No 50-2010 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 10 RESOLUTION NO. 100-2010 Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors And Amending The Budget Of Said Corporation To Account For These Expenditures Moved by Councilor Hatcher that Resolution No. 100-2010 be passed. Motion seconded by Councilor Ingle and carried by the following vote. 125 Item 10 continued Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and Ward Nays: None Item11a There were no staff reports. Item 11 b Councilor Roberts-Burns reminded everyone that the railroad crossing on 7tn Street will be closed until September 10. Councilor Roberts-Burns invited everyone to the Mayor's Town Hall Meeting in District 2 at Washington, Jackson School on September 14 at 7 p.m. in the cafeteria. She encouraged District 2 residents and everyone in the other districts to attend. Councilor Ward gave kudos to the different agencies for decreasing their budgets and still providing services. Councilor Smith asked Staff to look at the Library services budget again as we finalize our budget. Saturdays are a busy time and we cut hours there; large numbers are using the Library on Saturdays. Councilor Smith informed that the off-leash dog facility is progressing and asked for an update. Mr. Jack Murphy informed that the staff is looking at other cities getting other ideas to see how their facilities operate before we make a final recommendation to Council and that should be in about a month. We are looking at the Park Board's recommendation of Lake Wichita as the proposed site. Councilor Smith requested that Council be provided with pictures of the new bus shelters. Councilor Hatcher stated that the Ranch Roundup, Hotter'N Hell and the H.O.G. Rally were all great events. His thoughts go out to the individual who had the motorcycle accident on the Falls Fly Over. Councilor Hatcher commented that Parkhill Road looks great, and thanked staff for that; there are a lot of happy folks out there. Kemp Street also looks great. We are making progress and making people happy. Councilor Hatcher asked that staff check the overgrown trees on the median across from the Golden Corral Restaurant; they need to be trimmed. Councilor Hatcher mentioned that today is his wife's birthday and he wished her a happy birthday. Councilor Hatcher informed that the Leadership Wichita Falls Legacy Gala is this Saturday after the Museum Day "Stroll 'N Roll" and he encouraged people to go on their website and purchase tickets. These funds will be to complete a project from last year's Leadership Class which will benefit Cunningham Elementary School; a very worthy cause. Councilor Hatcher commended the City Manager for all his work on the budget. Although I am not in favor of the tax increase, these things need to get done but I think it should be done differently. He suggested putting projects off until the economy turns and then start doing these things. My thought is if we don't have it don't spend it. Maybe put off a project scheduled for next year until the following year and so on. I am thrilled with the City and all that has been done. 126 Item 11 b continued Councilor Ingle thanked Mr. Marty Odom and Mr. Russell Schreiber for all the planning and zoning work going on in the City; that is good use of resources serving the community. I don't think they get enough help for all the work they do behind the scenes and continually working on these issues. I hope the public realizes that the planning and zoning staff does an excellent job. Councilor Ingle felt that the bus shelters are a very good use of money. Councilor Ingle requested that 4B submit the large requests in individual groupings instead of one large one so that if one needs to be pulled it can facilitate that process. Councilor Ingle requested that staff review the utility collection drive- through exit onto 7th Street; it is a dangerous exit. Councilor Ingle requested that the Remote Control Park runway be checked for repairs. This is used quite frequently by the NATO pilots. Mr. Jack Murphy will contact the RC Club members to see if they can do something jointly to make this runway better. Councilor Ammons was thrilled that the Wichita Theater was given these funds today because it is very difficult for the handicap to get to the second floor. The additional building is stunning and you have done a great job; it is a very worthy cause. Councilor Ammons stated that she was in favor of the tax increase. We are very fiscally conservative but to put off project we continue to get further behind. We need to take care of our immediate needs or we are going to be sorry in the future and it will be a bigger burden in the future. We are saddling our children and grandchildren with debt that they cannot afford. Councilor Ammons informed that this past week there was a pit bull mix and a cat dropped off at the RV resort. Another dog was dropped off in Tanglewood. I am glad we have the chips for the animals. If you do have a pet that you want to get rid of, please take it to the Humane Society. Mayor Barham welcomed Katie Crosby, reporter for KFDX III, back after her accident. Mayor Barham received a lot of questions about the construction of the new Murphy's Brothers gas station on Lawrence Road. The question asked was how they could construct over a storm water detention pond. Mr. Schreiber explained that staff worked closely with that developer and they made some modifications to the detention pond outlet facilities out there to restrict some of the additional flow, and there was also a little extra capacity in the original design. When Lowe's went in and developed that property they built some additional capacity in that storage facility. Staff worked closely with the contractor and with Lowe's and they are compliant with our Storm Water Ordinance. Mayor Barham echoed Councilor Hatcher comments about events at the MPEC. Since our last council meeting we have had three major events, two of which are anchors for other events at MPEC throughout the year—the Ranch Roundup and Hotter`N Hell Hundred. The H.O.G. Rally was interesting and they had a good time and have plans to bring that back in a couple of years. Everything went well with that. Councilor Hatcher mentioned that around Maplewood and Elmwood someone found a male beagle dog. If you have lost this dog contact Councilor Hatcher and he will get you in touch with the person who found it. Items 12a City Council went into executive session at 10:25 a.m. in accordance with Texas Government Code §551.071, §551.072, §551.074, and, §551.087 City Council reconvened at 12:52 p.m. 127 Items 12a continued Mayor announced that no votes or polls were taken during Executive Session. Items 13 City Council adjourned at 12:55 p.m. PASSED AND APPROVED this oC day of 2010. 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 • / Rick Hatcher, District 3 Tim Ingle, District 4 T E X A S Mary Ward, District 5 B/tt�Sk��i.Cf�'/den O��v�-tun��ies 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 7, 2010 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Reverend Mr. Jim Bindel, Deacon Out Lady Queen of Peace Catholic Church (b) Pledge Of Allegiance 3. Presentations (a) Presentation —Check From University Kiwanis Club For 2009 Profits From Ball Field Concession Stand (b) Presentation — Microchip Scanners From Texhoma Area Veterinarian Medical Association (c) Proclamation — Constitution Week— Daughters of the American Revolution (d) Proclamation — Life Insurance Awareness Month - National Association of Insurance and Financial Advisors of Wichita Falls (e) Proclamation — Museum Day (f) Proclamation — National Emergency Preparedness Month (g) Employee of the Month - Mark Englishbee, Fire Department 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of August 17, 2010 Regular Meeting Of The Mayor And City Council. City Council Agenda Tuesday, September 7, 2010 Page 2 CONSENT AGENDA 6. Resolution Awarding Bid For The Purchase Of 25 Bus Shelters #145 In The Amount Of $68,000 To Handi-Hut Incorporated, With An Option To Purchase 15 Additional Units Within The Next 12 Months 7. Receive Minutes (a) 4B Sales Tax Board, May 19, 2010 (b) Traffic Safety Commission, June 2, 2010 (c) Park Board, June 24, 2010 (d) Landmark Commission, July 20, 2010 REGULAR AGENDA 8. Public Hearing On Proposed Property Tax Rate For The 2010-11 Fiscal Year 9. Ordinances (a) Ordinance Rezoning Lots 27, 28, And 29, Block 4, #146 Hillcrest Addition, A.K.A. 1414 32"d Street, From Residential Mixed Use To General Commercial (b) Ordinance Rezoning 11.88 Acres Of Land in Lot 5-13 of #147 Block 20, Stone Lake Estates, From Single Family-2 To Conditioned General Commercial, And Amending The Land Use Plan To Show The Area As Commercial (c) Ordinance Granting A Variance from Section 5430.13. of #148 the Wichita Falls Code of Ordinances, which prohibits alcohol sales within 300 feet of a school, to the property at 2801 Midwestern Parkway, which is owned by Benny and Barbara Land, d/b/a Atlanta Bread (d) Ordinance Approving A Negotiated Resolution Between #149 The Atmos Cities Steering Committee And Atmos Energy Corp., Mid-Tex Division Regarding The Company's Third Rate Review Mechanism ("RRM") Filing In All Cities Exercising Original Jurisdiction (e) Ordinance Reappointing Substitute Judges Of The #150 Municipal Court For Terms Of Two Years City Council Agenda Tuesday, September 7, 2010 Page 3 10. Resolution Approving The Programs And Expenditures Of The #151 Wichita Falls 4B Sales Tax Corporation Board Of Directors And Amending The Budget Of Said Corporation To Account For These Expenditures 11. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Executive Sessions: Executive Session in accordance with Texas Government Code §551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to Public Utility Commission Docket No. 38140 - Oncor CREZ CCn (Riley-Krum West), 306 E. Scott, and MW Builders v. City of Wichita Falls, et al.) Executive Session in accordance with Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the purchase and/or value of real property in the vicinity of Lake Wichita) Executive session in accordance with Texas Government Code §551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee (including, but not limited to, associate judges of the Municipal Court) Executive Session in accordance with Texas Government Code §551.087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, Health Care Equipment Specialty, Inc. Dental Equipment Refurbishment Project) 13. 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 7, 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