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Min 03/16/2010 40 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 16, 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 Gene Holley, Jr., Pastor of Life Tabernacle Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor proclaimed March 16, 2010 as "Absolutely Incredible Kids Day in Wichita Falls" and encouraged everyone to write a letter today and have a positive impact on the kids in your lives today. Rosie Tapia and Campfire Kids accepted the proclamation and thanked the Council and community for their support. Item 3b Mayor proclaimed March 22-27, 2010 as "Census Week in Wichita Falls" and encouraged everyone to fill out the Census form and mail it back so we can receive the funding we need. Karen Gagne and Kevin Pearson accepted the proclamation and explained the importance of filling out the Census form and mailing it back. 41 Item 4 Tracy Henna, 6006 Sandy Hill, requested that Council consider putting up "share the road signs"for motorcycles. Mayor commented that this request would be given to the Traffic Safety Commission to consider. Item 5 Minutes of the March 2, 2010 City Council Meeting were approved as distributed. Items 6a-6d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns that the Consent Agenda be approved. 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 Items 6a-6d Minutes of the following boards and commissioners were received. (a) Planning & Zoning Commission, January13, 2010 (b) City County Public Health Board, January 22, 2010 (c) Park Board, January 28, 2010. (d) Traffic Safety Commission, February 3, 2010 Item 7a ORDINANCE NO. 14-2010 Ordinance of the City Council of the City of Wichita Falls, Texas, Appropriating $215,150 Of Funds Received From Tarrant County, Texas and Program Income There From To The Special Revenue Fund For Ryan White Part B Grant Funding And Authorizing The City Manager To Execute All Documents Necessary To Accept Said Funds Moved by Councilor Barham that Ordinance No. 14-2010 be passed with 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 7b ORDINANCE NO. 15-2010 Ordinance of the City Council of the City of Wichita Falls, Texas, Appropriating $4,500 In Program Income To The Ryan White Part B Grant Revenue Fund For The Early Intervention Program Of The Wichita Falls-Wichita County Public Health District. Moved by Councilor Roberts-Burns that Ordinance No. 15-2010 be passed. 42 Item 7b continued 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 8 RESOLUTION NO. 39-2010 Resolution Approving Amendment No. 1 Authorizing A Guaranteed Maximum Price Of $3,730,640 In The Construction Manager At Risk Services Contract With Gallagher Construction Services For The Construction Of The Wichita Falls Animal Services Center, And Authorizing The City Manager To Execute All Documents Necessary To Approve Trade Contractors And Subcontractors In Accordance With TEx. LOCAL GOVERNMENT CODE§ 271.118. Moved by Councilor Barham that Resolution No. 39 -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 9a was postponed until Mr. Klein and Mr. Horton could arrive. Their flight was delayed. Item 9b Councilor Smith thanked Mayor Lyne and Councilor Hatcher for allowing District 1 to be at the last town hall meeting. He mentioned that several of the attendees' questions had to do with water and utility rates. He informed that we do a survey every year on utility, water, sewer, and tax rates and Wichita Falls has always been in the middle in comparison to 12 other cities comparable to Wichita Falls; we do very well. The perception by many in our City that we are paying the highest of everything, utility rates and tax rates, is not true and we would be happy to share that with anyone at any time. We want to have the lowest tax rate we can but we want to provide the services our citizens need. Let us allay that perception. We all have to pay taxes but we are getting excellent services for out taxes and our tax rate. Councilor Smith commented that it was a great town hall meeting; we had a nice group, good interchange of questions and responses. It was the best town hall meeting I have been to. Councilor Smith mentioned the rash of litter in our City and reminded everyone to dispose of litter in the appropriate way and in proper locations. We all need to work on that. Councilor Smith commented that the City's Code Enforcement Department does a great job but he would like to ask citizens that if they see a property that is dilapidated or that needs attention to refer it to Code Enforcement. We want to keep our City as beautiful as we can. Councilor Ginnings said he had received a call about property diagonally from the Kemp Center. He checked into the property and wanted to inform that it is on the demolition list. Councilor Ginnings asked if we have a meaningful idea of what percentage of our budget has been expended at this point. Mr. Jim Dockery replied that at the end of 43 Item 9b continued March we will be at 50%. We have made some midyear adjustments that will hopefully bring that below 50%. Councilor Ginnings asked the City Manager if he would like to make any comments on our volunteer retirement or if it was too early for that. City Manager replied that it is too early, but we did have between 20-25 apply for it. We are in the stage of interviewing the employees and will talk to their department heads and supervisors. We hope to have all that done within 60 days. Councilor Ginnings commented that it indicates a very careful appraisal of the process and he appreciates that. As you look at it and are considering downgrading a position consider what we are losing in terms of experience and capability in order to gain a buck or two. It is a definite management situation and procedure; appreciate that you are pursuing it. Councilor Hatcher commented that they did have a good town hall meeting. We did have a huge crowd and appreciate so many of the staff who attended this meeting. He applauds all department heads showing up for this meeting. Councilor Hatcher asked the citizens who live around the Cypress Water Treatment Plant to bear with the City on the low water pressure; it will be pumping strong by this Friday. Councilor Hatcher mentioned Census 2010 and asked everyone to fill out the census form and mail it back. Councilor Hatcher felt that the "share the road" signs with motorcycles was a good idea and suggested that our sign shop get those done, as well as signs for bicycles. Councilor Hatcher stated that there are a lot of things happening at MPEC, and we like that. People do not need to act like there is nothing to do in Wichita Falls. Councilor Hatcher mentioned that tomorrow the North Texas Restaurant Association is having their annual City of Wichita Falls employee appreciation luncheon at the Farmers Market between 11:30 a.m. and 1:00 p.m. Councilor Hatcher hopes that the Animal Reclaim Center bids come in low so we do not have to cut corners. I like the way it has been designed. Councilor Hatcher thanked the City Manager for the job he is doing. When the economy gets tough his job gets harder. The cuts and things he has to make affects everyone who works for the City; he thanked all City employees for being understanding and willing to go with the program the City Manager lines out to try to meet these budgets. It gets tougher as the economy gets hard. Councilor Hatcher mentioned the Pride in the Falls Campaign and said there are still lots of donation opportunities so feel free to donate. The goal is to create and promote some pride in our City. We do this everywhere we go; it is an on-going thing. Let's be "priders in the Falls". Councilor Barham referred to the motorcycle signs that had been discussed this morning and asked that Mark Beauchamp, Traffic Safety Commission liaison, be informed about this. Mr. John Burrus will do that and also get TXDOT in the loop. Councilor Barham commented that we have all been complaining about the weather, how cold and wet it has been. For public information he provided current lake levels versus last year's. The rains and moisture have been very beneficial and should help keep our water problems down through the summer. Councilor Barham welcomed Teresa Rose in Russell Schreiber's absence. Councilor Barham referred to the sales tax history and stated that it is "discouragingly encouraging" that our sales tax revenue for January was down only 6% versus 9% -10% over the previous months. If this trend continues we are going to have a problem with our budget this year when we start the budget work for next fiscal year. Hopefully, this is an encouraging sign that this number will start getting smaller over the next several months. 44 Item 9b continued Councilor Barham thanked everyone on staff that knew about the situation he has been going through the past two weeks and for their support. Councilor Elmore congratulated Downtown for the St. Patrick's Day event; it was very well done. Councilor Elmore commented that the Kemp Center for the Arts was the best renovation of a building he has ever seen. It is absolutely a gem in the City and anyone who has not seen it, you have missed a great deal. Councilor Elmore was glad they had a very good town hall meeting; you got one almost as good as we normally have in District 5. Councilor Elmore referred to the motorcycle and bicycle signs and commented that motor and no motor cycle signs should be put up to give people an awareness that there are two-wheelers out there. Councilor Elmore referred to the rains and stated that the benefits to the lakes is true but the ground water is better than it has been in a long time; we have real good saturated soil which is what we require. Councilor Roberts-Burns mentioned the Census 2010 and stated the she did not think we could talk enough about it because we need everyone to fill it out; we need to fill out the form and mail it because we will miss out on a lot if we do not turn these in. The forms are very easy to fill out. Mayor Lyne said that a lot of things are going on at MPEC; there are over 20 items on the list for March alone. There is not a shortage of things to do in Wichita Falls, some are inexpensive some are not. Mayor Lyne commented that the town hall meeting was very good. One thing he appreciates in District 5 is they do turn out and ask good questions, and the interaction. It is very important to us to hear what is going on in people's minds and the town hall meeting is an opportunity to in some cases educate but sometimes we are not aware of what is a problem without someone talking to us, and that is the whole purpose of these town hall meetings, for people to tell us what is going on. We have staff there that can answer most of the questions at that time and if they can't, we find the answer and get back to them. It is a forum for people to exchange questions, answers, and ideas for our City, and that is really the great benefit of it. I encourage more people to come out and I appreciate the Tea Party Patriots for coming out last Thursday night. It made it a very good crowd and one where we did get a lot of questions answered and confusion resolved on 4A and 4B funds which are segregated funds that cannot be used for anything but 4A and 4B projects. That is a very important distinction. Mayor Lyne mentioned that Pride in the Falls Campaign was the first phase of raising funds and now the real fun begins of promoting our City. I think what makes Wichita Falls unique is the people and that is the difference. You hear that from people who are new here and those at SAFE; they always say it is the people and that is what sets us apart. Mayor Lyne congratulated the Chamber of Commerce for all the work they have done recently of bringing a couple of industries into our City. That is a great thing for all of us and I hope we have more in the pipeline. I know we are working on several projects and hope that continues. Mayor Lyne shared a reminder from State Comptroller Susan Coombs regarding the Energy Efficient Program April 16-25; it is an energy efficient appliance rebate program. It would be a good time to look into new appliances. Item 10 City Council went into Executive Session at 9:50 a.m. as authorized by Sections 551.071, and 551.072 of the Texas Government Code. City Council reconvened at 10:50 a. m. Mayor announced that no votes or polls were taken during Executive Session. 45 Item 9a A presentation was made on Airport Capital Funding. Airport Administrator Monica Morris pointed out that in December they updated Council on the progress of the 20 year Master Plan for Municipal Airport. One of the final components of the Master Plan is the Financial Implementation Plan. Today will be an informal discussion on what makes up that Financial Plan and to seek Council's input and direction on the Financial Plan. Ms. Morris introduced Mr. Howard Klein, Senior Project Manager, URS Corporation, Steve Horton, Leibowitz and Horton, Airport Management Consultants Incorporated, and Robert "Tex" Schmidt, Senior Project Manager, URS Corporation. Mr. Klein gave an overview of the airport terminal concept, the cost estimate, and projects that make up the Master Plan. Mr. Horton gave an overview of the Financial Plan, the next steps to complete the Master Plan and schedule for completion. He gave a completion date of 2012. A copy of their presentation is on file in the Office of the City Clerk. Mr. Klein asked for Council feedback on what was presented today. They need to know if this is reasonable or not and if Council is willing to consider this or if they need to scale down. Mayor asked Council to provide their input to the City Manager by next Tuesday. City Council adjourned at 12:00 p.m. PASSED AND APPROVED this �-Lday of 2010. CU LANHAM LYNE MAYOR ATTEST: Lydi Ozuna `Cit 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 16, 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: Gene Holley, Jr., Pastor Life Tabernacle Church (b) Pledge Of Allegiance 3. Proclamations (a) Absolutely Incredible Kids Day — Brenda Zug, Rosie Tapia, & Campfire Kids, (b) Census Week in Wichita Falls - Kevin Pearson, Karen Gagne 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 March 2, 2010 Regular Meeting Of The Mayor And City Council. 6. Receive Minutes (a) Planning & Zoning Commission, January 13, 2010 (b) City County Public Health Board, January 22, 2010 (c) Park Board, January 28, 2010 (d) Traffic Safety Commission, February 3, 2010 City Council Agenda Tuesday, March 16, 2010 Page 2 REGULAR AGENDA 7. Ordinances (a) Ordinance Appropriating $215,150 Of Funds Received From Tarrant County, Texas and Program Income Therefrom To The Special Revenue Fund For Ryan White Part B Grant Funding And Authorizing The City Manager To Execute All Documents Necessary To Accept The Grant Funds (Council Bill # 53) (b) Ordinance Appropriating $4,500 In Program Income To The Ryan White Part B Grant Revenue Fund For The Early Intervention Program Of The Wichita Falls-Wichita County Public Health District (Council Bill # 54) 8. Resolution Approving Amendment No. 1 , Authorizing A Guaranteed Maximum Price Of $3,730,640 In The Construction Manager At Risk Services Contract With Gallagher Construction Services For The Construction Of The Wichita Falls Animal Services Center And Authorizing The City Manager To Execute All Documents Necessary To Approve Trade Contractors And Subcontractors In Accordance With Tex. Local Gov't Code § 271 .118 (Council Bill # 55) 9. Other Council Matters (a) Staff Council Discussion Airport Capital Funding (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Executive Sessions: (a) 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 City-owned property adjacent to Lake Kickapoo [mineral interests] and Lake Wichita). (b) Executive Session in accordance with Texas Government Code § 551 .072, to deliberate the purchase, exchange, lease, or City Council Agenda Tuesday, March 16, 2010 Page 3 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 lease and/or value of City-owned property adjacent to Lake Kickapoo [mineral interests] and Lake Wichita) 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