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Min 05/04/2010 65 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 4, 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. Lanham Lyne - Mayor Rick Hatcher - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Jim Ginnings - Charles Elmore - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Reverend Linda Marcum, Pastor of Beverly Drive United Methodist Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor proclaimed the month of May 2010 as "Motorcycle Safety & Awareness" month in Wichita Falls and encouraged everyone to give cyclists more room on the road and to wear helmets when you ride motorcycles. Item 3b Mayor proclaimed May 8, 2010 as "Letter Carrier's Food Drive" in Wichita Falls and encouraged all citizens to feed those in need throughout the year. Participate in this food drive by putting out food by your mail box. Item 3c Mayor proclaimed May 2010 as "Foster Care Month —Child Protective Services" in Wichita Falls and encouraged all citizens to become involved in the Foster Care Program. 66 Item 3d Larry Drennan, AT&T, encouraged the Council and everyone to pledge not to text and drive. He asked for help to get that message out to everyone; we are trying to raise awareness of the danger to text and drive—"it Can Wait". Mr. Drennan provided packets with pledge sheets to the Council and stated that he hopes the City will adopt AT&T's stance on this. Mayor expressed appreciation to Mr. Drennan and AT&T for this initiative. It is dangerous and we need to be more aware of what we are doing when we are driving. Item 3e Lou Franklin, Health Director presented Certificates of Achievement in Environmental Excellence to Tranter, Inc. and Signal-Hill, Wichita Falls Power, LP Accepting the Certificates were Gary Dillard, Tranter, Inc. and Mark Deason, Signal-Hill, Wichita Falls Power, LP. Item 3f Ms. Jan Flores, Administrative Secretary, Health Department, was recognized as Employee of the Month for May 2010. Mayor presented Ms. Flores with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 4 No one signed up to speak under"Comments from the Public". Item 5 Minutes of the April 20, 2010 City Council meeting were approved as distributed. Items 6a-6e City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Smith that the Consent Agenda be approved. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Items 6a-6e Minutes of the following boards and commissions were received. (a) Planning & Zoning Commission, February 10, 2010 (b) Planning & Zoning Commission, March 10, 2010 (c) City-County Public Health Board, February 26, 2010 (d) Park Board, March 25, 2010 (e) Employee Benefits Trust Board, April 8, 2010 67 Item 8d was moved up and considered at this time. Item 8d RESOLUTION NO. 60-2010 Resolution Adopting an Encroachment Policy Regarding Lake Wichita And Adjacent Surrounding Property Owned By The City Of Wichita Falls Moved by Councilor Smith that Resolution No. 60-2010 be passed. Motion seconded by Councilor Elmore. The following Lakeside City residents and persons owning structures on Lake Wichita spoke against this ordinance stating their concerns and requesting that this item be tabled until a meeting could be held with the residents. Roberta Sund, 419 Shoreline Jim Henson, 120 Land's End Penny McDonald, 525 Lake Shore Dr. have a place on Lake Wichita Michael Chapman, 24 Victoria Scott Storm, #40 Victoria Paul Sartson, represented the Decker family. Brad Mackey, #36 Victoria Roger Wahn, 1 Surrey Circle, referenced the Boy Scout Hut by the Lake Jeff Howard, 5500 Barnett Carl Peckham, 609 Shoreline Larry Sanner, 5007 Lake Shore Staff provided information on the need for this policy in order to address the encroachment issue. Questions, answers, and recommendations were made, as well as considerable discussion. Moved by Councilor Hatcher to table this item. Motion seconded by Councilor Elmore and failed by the following vote. Ayes: Councilors Hatcher and Elmore Nays: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, and Ginnings City Council recessed at 10:25 a.m. and reconvened at 10:45 a.m. Councilor Smith was not in attendance at this time. Item 8d continued Additional comments were made in opposition to this item by the following persons. Steve Holloway, Lakeside City Mayor Poney Thompson, 5301 Lake Shore. A lengthy discussion ensued. Mayor Lyne called for the question on the original motion. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Bums, and Ginnings Nays: Councilors Hatcher and Elmore Councilor Smith returned to Council Chambers at this time. 68 Item 7a ORDINANCE NO. 25-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Abandoning An Approximately 3,660 Square Foot Alley Behind 3111 — 3117 Avenue S, Subject To The Retention And Dedication Of Utility And Drainage Easements In The Area Moved by Councilor Roberts-Burns that Ordinance No. 25-2010 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 7b ORDINANCE NO. 26-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Making An Appropriation To The Special Revenue Fund For The Women Infant And Children Program In The Amount Of $1,374 Received From The Texas Department Of State Health Services, And Authorizing The City Manager To Execute All Documents Necessary To Accept Said Funds Moved by Councilor Elmore that Ordinance No. 26-2010 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None Item 8a RESOLUTION NO. 57-2010 Resolution Awarding Bid For Repair Landfill Entrance Road Project (CWF10-444-18) to Garza Concrete Construction In An Estimated Total Amount Of$119,463.80 Moved by Councilor Roberts-Burns that Resolution No. 57-2010 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8b RESOLUTION NO. 58-2010 Resolution Authorizing The City Manager To Execute A 20-Year Potable Water Purchase Contract Providing For The Sale Of Water From The City Of Wichita Falls To The Town Of Pleasant Valley Moved by Councilor Ginnings that Resolution No. 58-2010 be passed. 69 Item 8b continued Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None Item 8c RESOLUTION NO. 59-2010 Resolution Authorizing The City Manager To Execute A 20-Year Potable Water Purchase Contract Providing For The Sale Of Water From The City Of Wichita Falls To The City Of Scotland Moved by Councilor Elmore that Resolution No. 59-2010 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9 No Executive Session was held Item 10a Public Works Director Russell Schreiber presented information on Utility Cuts Seeding/Sodding; a copy of that presentation is on file in the Office of the City Clerk. Council individually stated their support for the City policy as it currently stands. Norman Cochran, 4651 Sierra Madre, thanked the Council for their time on this issue. He was the citizen who asked that this item be placed on a Council agenda. Item 10b Councilor Roberts-Burns mentioned weed issues at 1212 Williams and 1309 Harding; she asked that staff look into that. Councilor Elmore referred to the water conservation required from other cities and stated that he was shocked that a heavy use day for the City of Wichita Falls is 50 million gallons of water and on that same day lakes evaporate 250 million gallons a day. He asked if there was a program or effort to conserve the water from evaporation from the lakes. Our major effort should be toward reducing that 250 million gallons/day from evaporating. I would like to see us do something in trying to conserve the evaporation that we have off the system. Councilor Elmore encouraged everybody, especially District 5 voters, to get out and vote. Councilor Barham concurred with Councilor Elmore and reminded everybody that today was the last day of early voting and it is open until 7 p.m. tonight. Councilor Barham asked if we had received the Moody Bond Rate Report. Mr. Jim Dockery informed that unofficially we have received it and we have a AA bond rating. 70 Item 10b continued Councilor Barham asked for an update on the new MESA bus route. Mr. John Burrus reported that we had about 50 riders on Saturday. It is still a work in progress; it is new and word of mouth will be the best form of marketing but we are excited about the potential. Councilor Barham referred to the Lake Wichita situation and said he agrees with Councilor Ginnings the last time when he said "why not now" to the response of a Lakeside City resident who asked why we were doing this now. We cannot be held responsible for the actions of previous councils. I think we took the proper step today and set this policy that will help staff begin those one on one meetings with those residents. They feel their concerns are valid but I think they are overreacting in many of those cases. I think staff will come to a resolution with most of these folks. Councilor Hatcher hopes that Councilor Barham is right and that it turns out not to be a big deal. My attention was caught when the Lakeside City Mayor mentioned the potential of property values declining for those properties that back up to the lake and how that could trickle into the fact that we would have cost them revenue. I hope it all turns out okay. Councilor Hatcher mentioned that the Cajun Festival is this Saturday downtown beginning at noon. Also, tonight Electronica will be performing at the Wichita Theater. Councilor Hatcher informed that Thursday night TXDOT will have its open house meeting on the State's Long Range Transportation Plan. Councilor Hatcher asked that staff check into a weed problem at 2923 Loma Linda. Councilor Hatcher referred to the City owned baseball/football back stop fields and asked if we added a field at Lake Wichita Park. Mr. Murphy replied in the affirmative. Councilor Hatcher asked if it is a problem if there is a city owned field that is not being maintained and someone wants to go out there and mow it. Is there a liability question? Mr. Murphy replied that there is not a general prohibition to do that; however, problems do arise; one is that the individual stakes a claim when it is a first come first serve policy, unless they have leased it. The City mows the fields but some organizations like it more trimmed and they do that themselves; so it can be done. If it requires a vehicle to drive on the field it would have to come before Council. There are no prohibitions but we have to have an agreement to do that. Councilor Ginnings read a letter addressed to Mr. Bob Sullivan by the Vice President of Administration Texas Alliance of Oil Producers expressing appreciation from over 3300 members to Mr. Sullivan and his staff for making their 80th Annual Meeting and Expo at MPEC a success. She also praised the MPEC facility; they used both the Kay Yeager Coliseum and Bridwell Ag Center. Councilor Ginnings commented that it would be great to have a meeting like that once a month and use those facilities; it would probably pay for themselves and then some. If we could encourage or cause to happen the hotel that is so close to MPEC to be a full service, fully functional operating hotel would also help us greatly. Councilor Ginnings mentioned that Early Voting is open until 7:00 p.m. A lot of people will be out of town for Mother's Day or busy buying those gifts. Please get out and vote early, if not, be sure to vote Saturday. Councilor Smith asked for a map of the MESA route. Mr. Burrus provided that. Councilor Smith mentioned the possible dog park and informed that there was a presentation on that at the Park Board meeting and he would like to get Councios thoughts on that. He hopes that will come to Council for our consideration. Mr. Murphy informed that the Park Improvement Committee of the Park Board, which is assigned to discuss aspects of a dog park, will meet tomorrow at 2 p.m. 71 Item 10b continued Councilor Smith mentioned the City's retirement banquet held last week and he wanted to thank all the retirees for all the years they have served and he wished them the best in their retirement. Councilor Smith informed that there are plenty of H1 N1 immunizations at the Health Department. There may be a third wave this summer. Health Director Lou Franklin provided information on the immunization, noting that it was free to the public. Councilor Smith referred to the 2010 Appraisal Value Notice stating that the total combined tax is $2.29 per$100 for the City, County, and School District. of that total, the City tax is $0.61 and that should make us think that we are getting a lot for our City tax. We are in the middle compared to other cities our size in Texas. Your tax is part of buying into civilized society and this is another indication that we are getting good value for our tax rate. Councilor Smith reminded everyone to get out and vote on Saturday. If you do not vote, you cannot gripe. Early Voting is open today until 7 p.m. Councilor Smith asked that staff keep Council informed on the Lake Wichita individual meetings. We would all be very interested on how it is going. We had to have a policy, something to work with; staff needed that. Keep us apprised. Mayor Lyne encouraged everyone to get out to Cajun Festival and as usual there are a lot of things happening in Wichita Falls. There are plenty of things to do. Mayor Lyne stated that we had a good discussion today; there are some disappointed people but the process is to discuss and debate the issues and come down to a resolution, and we have done that; and I appreciate how the Council worked to make that happen. Sometimes it is not a palatable resolution for some but we do what we think is in the best interest of the citizens of Wichita Falls and will continue to do that. Mayor Lyne asked everyone to get out and vote. City Council adjourned at 12:25 p.m. PASSED AND APPROVED this �f3 day of 2010. GLENN BARHAM MAYOR ATTEST: Lydi zuna Cit erk 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, May 4, 2010 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1. Call To Order 2. (a) Invocation: Reverend Linda Marcum, Pastor Beverly Drive United Methodist Church (b) Pledge Of Allegiance 3. Presentations (a) Proclamation - Motorcycle Safety & Awareness — Tracy Hennan (b) Proclamation - Letter Carrier's Food Drive - Wendell Griffin, WF Area Food Bank (c) Proclamation — Foster Care Month —Child Protective Services (d) "It Can Wait" — Larry Drennan, AT&T (e) Certificates of Achievement in Environmental Excellence — Health Department (1) Tranter, Inc. (2) Signal-Hill, Wichita Falls Power, LP (f) Employee Of The Month — Jan Flores, Health 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 April 20, 2010 Regular Meeting Of The Mayor And City Council. City Council Agenda Tuesday, May 4, 2010 Page 2 CONSENT AGENDA 6. Receive Minutes (a) Planning & Zoning Commission, February 10, 2010 (b) Planning & Zoning Commission, March 10, 2010 (c) City-County Public Health Board, February 26, 2010 (d) Park Board, March 25, 2010 (e) Employee Benefits Trust Board, April 8, 2010 REGULAR AGENDA 7. Ordinances (a) Ordinance Closing, Abandoning, And Vacating An Alley Behind 3111 — 3117 Avenue S, Which Consists Of Approximately 3,660 Square Feet, In Exchange For $1 ,098, Subject To Retention Of Utility And Drainage Easements Therein (Council Bill # 82) (b) Ordinance Making An Appropriation To The Special Revenue Fund For The Women Infant And Children Program In The Amount Of $1,374 Received From The Texas Department Of State Health Services And Authorizing The City Manager To Execute All Documents Necessary To Accept Said Funds (Council Bill # 83) 8. Resolutions (a) Resolution Awarding Bid For Repair Landfill Entrance Road Project (CWF10-444-18) to Garza Concrete Construction In An Estimated Total Amount Of $119,463.80 (Council Bill # 84) (b) Resolution Authorizing The City Manager To Execute A 20- Year Potable Water Purchase Contract Providing For The Sale Of Water From The City Of Wichita Falls To The City Of Pleasant Valley (Council Bill # 85) (c) Resolution Authorizing The City Manager To Execute A 20- Year Potable Water Purchase Contract Providing For The Sale Of Water From The City Of Wichita Falls To The City Of Scotland (Council Bill # 86) (d) Resolution Adopting An Encroachment Policy Regarding The Boundary Of Lake Wichita And Adjacent Surrounding Property Owned By The City Of Wichita Falls (Council Bill # 87) City Council Agenda Tuesday, May 4, 2010 Page 3 9. 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 property adjacent to Lake Wichita) 10. Other Council Matters (a) Staff Council Discussion • Seeding/Sodding Utility Cuts (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. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. 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