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Min 01/19/2010 12 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 19, 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 Kenny Dickson, Pastor of Floral Heights United Methodist Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3 Mrs. Misty Koru, City Registrar, was recognized for receiving the Five Star Vital Registration Exemplary Award from the Texas Department of Health. Mayor Lyne expressed appreciation for all her work in assisting our citizens. Items 4 No one signed up to speak under Public Comments. Items 5a-5b Minutes of the following Council meetings were approved as distributed. (a) December 28, 2009 Special City Council Meeting (b) January 5, 2010 Regular City Council Meeting 13 Item 6a-6b Minutes of the following boards and commissions were received. (a) Animal Shelter Advisory Committee, October 1, 2009 (b) Traffic Safety Commission, November 4, 2009 Item 7a RESOLUTION NO. 09-2010 Resolution Authorizing An Agreement With Wichita County For The Terms And Development Of A Tax Increment Financing Fund For Reinvestment Area #3. Moved by Councilor Roberts-Burns that Resolution No. 09-2010 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 RESOLUTION NO. 10-2010 Resolution Approving Change Order No. 1 To The Contract For Construction Of The Wichita Falls Police Department Firing Range In The Amount Of$556,295.33 Moved by Councilor Barham that Resolution No. 10-2010 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 7c RESOLUTION NO. 11-2010 Resolution Awarding Bid For The Rhea Road Trail Connector Project CWF09-444-06 To Garza Concrete Construction In An Estimated Total Amount Of$144,999.60. Moved by Councilor Roberts-Burns that Resolution No. 11-2010 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 Mayor announced that Council would go into Executive Session. 14 ' City Attorney, on behalf of the Wichita Falls Economic Development Corporation Chair, called the 4A Board meeting to order. They went into Executive Session as part of the joint meeting with the City Council. Members of the 4A Board present were Gary Shores, Lanham Lyne, Gary McClendon and Dave Lilley. Items 9a-9b City Council went into Executive Session at 9:40 a.m. in accordance with Texas Government Code Section 551.071, §551.072, and §551.087. City Council reconvened at 12:40 p.m. Mayor Lyne announced that no votes or polls were taken during Executive Session. Item 8a Mr. Jim Dockery gave a presentation on the Capital Improvement Strategic Planning. A copy of Mr. Dockery's presentation is on file in the office of the City Clerk. At the conclusion of his presentation he asked for Council direction in the following areas. A consensus to conduct the Street Assessment in 2009-2010 with existing budget—Council concurred to proceed. A desire to use 4A for any Public Works infrastructure—There was not a Council consensus to use 4A funds for Public Works infrastructure. Financing Option generally supported by Council - Options 1, 2, or 5 — Council in general supported Option 5. Item 8b Councilor Roberts-Burns expressed appreciation to the community, Council, and Staff for their support on Saturday's Martin Luther King Prayer- Scholarship Breakfast. She gave special thanks to the Public Communication Department for all their hard work. Councilor Barham gave his condolences to Police Officer Story's family who was killed in Arlington. He also expressed condolences to the family of Terri Otto, who was killed in a pedestrian accident. Councilor Barham commended Councilor Roberts-Burns on a successful event Saturday, Martin Luther King Prayer Breakfast. Councilor Hatcher echoed Councilor Barham's condolences. Officer Story was a graduate of Rider High School. Councilor Hatcher reminded everyone that we have a lot of things coming up in our City, and he asked Mr. Bob Sullivan to inform the public. Mr. Sullivan gave a list of things happening this month and next — Globe Trotters, Ron White, hockey games, Miranda Lambert, Rodney Carrington. Councilor Ginnings commended the Martin Luther King program speaker and soloist; it was the best we have had. Councilor Ginnings referred to the approximately $590,000 still left in the Firing Range Budget and suggested that it be put into the 4B Fund as Debt Service "cushion". Councilor Smith mentioned that there is a lot going on in Wichita Falls at the MPEC and Memorial auditorium. We have had a full at the Elvis impersonator performance and it was a great show. He will be back in December, do not miss it. Councilor Smith informed that the Falls Ride has its eight new buses and everyone is invited to come see them as they are exhibited on Wednesday at the MPEC at 11:00 a.m. 15 r Item 8b continued Councilor Smith thanked Councilor Roberts-Burns for a wonderful Martin Luther King Scholarship Breakfast. Mr. Charles Gurley, the speaker and first scholarship recipient, was a former student of his at City View and he was a wonderful young man then and has turned into a great young adult. I am so proud of him. Mayor Lyne mentioned the Pride in the Falls Campaign and all that is happening with that; he is excited with all that is being done. Mayor Lyne informed that the Census 2010 is coming up and he encouraged everyone to fill out the ten question form and return it. Mayor Lyne said that the Kiwanis Pancake Festival will be held January 30. City Council adjourned at. 1:15 p. m. PASSED AND APPROVED this day of 2010. 0 LANHAM LYNE MAYOR ATTEST: tdia Ozuna ity 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, January 19, 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 Kenny Dickson, Pastor Floral Heights United Methodist Church (b) Pledge Of Allegiance 3. Presentation of Five Star Vital Registration Exemplary Award - Amy Cone, Misty Koru 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) December 28, 2009 Special Meeting Of The Mayor And City Council. (b) January 5, 2010 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Animal Shelter Advisory Committee, October 1, 2009 (b) Traffic Safety Commission, November 4, 2009 City Council Agenda Tuesday, January 19, 2010 Page 2 REGULAR AGENDA 7. Resolutions (a) Resolution Authorizing An Agreement With Wichita County For The Terms And Development Of A Tax Increment Financing Fund For Reinvestment Area #3 (Council Bill #14) (b) Resolution To Approve Change Order No. 1 to the Contract For Construction Of The Wichita Falls Police Department Firing Range in the amount of $556,295.33 (Council Bill # 15) (c) Resolution Awarding Bid For The Rhea Road Trail Connector Project to Garza Concrete Construction in an estimated total amount of $144,999.60 (Council Bill # 16) 8. Other Council Matters (a) Staff Council Discussion • Capital Improvement Program (b) Discussion Of Items Of Concern To Members Of The City Council. 9. 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 MW Builders of Texas, Inc. v. City of Wichita Falls, et al., and the acquisition of property surrounding Castaway Cove). (b) 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 value and purchase of property surrounding Castaway Cove). 10. Adjourn City Council Agenda Tuesday, January 19, 2010 Page 3 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 ADDENDUM TO 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, January 19, 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. 9. 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 MW Builders of Texas, Inc. v. City of Wichita Falls, et al., and the acquisition of property surrounding Castaway Cove and the Bedding Manufacturer Project and economic development agreements with entities pursuant to that project). (b) 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 value and purchase of property surrounding Castaway Cove). (c) 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, the Bedding Manufacturer Project and economic development agreements with entities pursuant to that project). City Council Agenda Tuesday, January 19, 2010 Page 2 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 SECOND ADDENDUM TO NOTICE OF MEETING Joint Meeting with Wichita Falls Economic Development Corporation Subjects of Joint Meeting include Capital Improvement Program and the following Executive Session Items: 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 the Bedding Manufacturer Project and economic development agreements with entities pursuant to that rofect). 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, the Bedding Manufacturer Project and economic development agreements with entities pursuant to that proiect). 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, January 19, 2010 Beginning At 8.30 A.M. 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 City Council Agenda Tuesday, January 19, 2010 Page 2 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