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Min 01/05/2010 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 5, 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 Man& Miles Risley - City Attorn Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Reverend Lukus Counterman, Pastor of Wichita Falls Baptist Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor Lyne proclaimed the month of January 2010 "International Crime Stoppers Month" and encouraged all citizens to join Crime Stoppers in their efforts and to recognize the tremendous success of the program. Wichita Falls Crime Stoppers (WFCS) Board President, Ken Coughlin, thanked the Mayor and Council and stated the WFCS has been recognized at the State, National and International level due to their success. He commented this was due to the partnership between the City, Police Department and the citizens. He thanked those involved and encouraged others to join the efforts of WFCS. Item 3b Mayor Lyne recognized Ms. Robin Venegas as Employee of the Month for January 2010. Mayor presented Ms. Venegas with a plaque, a letter of appreciation, restaurant tickets, and a check. 2 Item 4 Murray Sallis, 2501 N. Elmwood Circle, stated he was representing Sallis Hill Development, Inc. Mr. Sallis thanked the Council and spoke about the need to concentrate the City's efforts on revitalizing the downtown area. He spoke about the significant infrastructure, and existing businesses and residences, but emphasized a need to develop them more. Mr. Sallis expressed concern about demolishing 306 Scott Street and other buildings in the downtown area. His company was renovating the building at 306 Scott Street and it would soon become a hotel that would bring in approximately$100,000 in revenue and be paying both property and sales tax. He pointed out that it would take the cooperation of governments, community groups, and entrepreneurs to revive the downtown area. Item 5 Minutes of the December 15, 2009 Regular City Council Meeting were approved as distributed. Items 6a-7b City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Elmore 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 Item 6a RESOLUTION NO. 01-2010 Resolution Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs Items 7a-7b Minutes of the following boards and commissions were received. (a) Library Board, October 27, 2009 (b) Planning & Zoning Commission, November 11, 2009. Item 9d was moved up and considered at this time. Item 9d A resolution was presented to establish an encroachment policy regarding Lake Wichita and any adjacent surrounding property owned by the City of Wichita Falls. Moved by Councilor Ginnings that the proposed resolution be passed. Motion seconded by Councilor Barham. Mrs. Pat Hoffman informed that this was to establish an encroachment policy regarding boundary issues of Lake Wichita and the adjacent property owned by the City. Cornerstone Engineering surveyed the City owned boundaries around the Lake and that survey is completed. She stated this project was long overdue resulting in individual property owners inadvertently encroaching on City owned property. The purpose of this resolution is to determine who owns what property and to rectify any encroachments. Mr. Dave Clark noted that the City held two meetings with interested citizens to inform them of how this would be done and to get their permission to enter their property to determine the correct boundaries. The survey is in agreement with many of the 3 Item 9d continued existing boundaries. Staff, with map in hand, intended to meet individually with property owners who had a discrepancy in boundaries to discuss the differences. The staff has had many discussions about how to be fair to the property owners and the citizens of Wichita Falls when creating this policy. He requested Council endorse the policy so the staff can move ahead and meet individually with the property owners. Council Elmore asked how the boundaries were established. Mr. Clark replied that Cornerstone researched deeds and documents along with surveying the property to determine the correct boundaries. Councilor Barham asked the City Attorney to explain the difference between a resolution and an ordinance for the benefit of the Lake Side City residents. City Attorney explained that an ordinance is used by a municipality to create a law and a resolution is an action, such as setting a policy. Councilor Barham stated that the concerns from individual property owners was that they were told, in the two meetings held in July of 2008, there would be future meetings before any consensus was agreed upon. He asked Mr. Clark if this was stated in the previous meetings. Mr. Clark replied that it was his understanding that the future meetings discussed were the ones the staff intended to have with the individual property owners. Steve Holloway, 611 Royal Rd, Lake Side City, stated he was the Lake Side City citizens' elected official. He also served on the MPO and Nortex boards. Mr. Holloway felt the cities have had a very cooperative relationship and he believes the meeting should take place before the resolution was brought before the Council. The policy was vague and contradicted itself and it was done without professional courtesy. Mr. Holloway felt the City of Wichita Falls should have notified Lake Side City government before this item was added to the agenda. He requested the Council consider the following three things: table the policy, conduct meetings with the property owners as a group to discuss the policy, and a meeting between himself, the Council and City staff. Scott Storm, 40 Victoria Lake Side City, expressed concern about the vagueness of the policy as stated in the agenda item. He reviewed the agenda item and pointed out areas that troubled him. One item brought up by the citizens of Lake Side City was "why now, why here?" Councilor Ginnings did not agree with Mr. Storm that the City is imposing anything on the Lake Side City citizens; rather we are presenting limiting what the City staff can do in contacting the individual property owners affected. Councilor Ginnings pointed out that the operable word is individually, so that a win-win situation could hopefully develop between each owner within this framework. An appeal and grievance process is implicit in sitting down and working with the property owners. He explained this was a conciliatory thing and he does not believe it was adversarial. Mr. Storm asked why not have the meetings, do the leg work and then return to Council after everyone is in agreement. Council Ginnings questioned whether a mass meeting would leave everyone in agreement. What they were doing was providing a method for the Lake Side Citizens to give input, which they were doing and Councilor Ginnings assured him the input was being heard. He stated Staff has to have something to bring to the property owners and that was what this resolution was about. Mr. Storm again expressed concerns about contradictions and vagueness of the policy. Councilor Elmore asked Mr. Leiker if City staff needed some form of recommendation from Council to meet with individuals and he then asked Mr. Scott if Council tabled this item if that would be satisfactory at this time. Mr. Scott agreed that this would be satisfactory. Mr. Leiker explained that Staff's intent was to get Council approval of the policy before going to the property owners with it. He explained this process was being done to get feedback from the Council before proceeding. Staff did not believe that going to the violators to create an encroachment policy was logical. This was staff's attempt to 4 Item 9d continued put forth a policy that was fair to the Wichita Falls taxpayers who owned the property and the individual property owners. Councilor Elmore acknowledged he was in favor of developing Lake Wichita, but he suggested this resolution be tabled until the next Council meeting. He encouraged Staff to have a meeting with the property owners, in mass, and perhaps resolve some of their concerns. Mr. Leiker said they would be willing to do that. He informed Council that when staff and the surveyors were working on this project they did have property owners who would not cooperate and allow them on the property and had even been threatened by some individuals, causing law enforcement to have to be called in. Councilor Barham felt that a meeting with all of the property owners would be counter productive, but a meeting with a few representatives and City staff would be more valuable. Councilor Ginnings agreed with Councilor Barham. He suggested the property owners choose a few representatives to meet with City staff to speak for the group, review the resolution, and show staff what they want clarified. He believes something good could come from this type of meeting. Council discussed the time restraints for tabling this item. Councilor Ginnings addressed a comment made earlier in the meeting about the wording in the agenda item referring to the City's plan to inform other survey companies in the City about the situation. He did not believe they were going to be notified for collusion purposes, but to assist in expediting the matter so citizens would not be calling up cold and to let the other surveyors know they could contact Cornerstone Surveying. Councilor Ginnings assured those with businesses affected that this would not have an adverse affect on their business; other than they may have to pay for land. The Council's policy was to encourage businesses. He asked everyone to keep in mind what they were trying to do was determine what the City owned and what the individual property owners owned. The objective was to make sure the property owners were not encroaching on City property and the City was not encroaching on the individual owners' property. There is no statute of limitations on the City's rights. The City was trying to equitably resolve the situation and no one would be dispossessed. Councilor Hatcher commented that this item was being discussed because sometime in the future the City wants to improve Lake Wichita. This was a shared vision with property owners and staff. The improvements made by the property owners were done with the intention of making it better. He encouraged everyone to work together to improve Lake Wichita as it would benefit everybody. Larry Sanner, 5007 Lake Shore Drive, thanked Council for tabling the item. He stated he had problems with the wording. He asked Council about the trail they wanted to create around the lake and expressed concerns about how it would affect his boat ramp and other ramps along the lake. Richard Shelly, the Archer County Commissioner, asked how the City limits of Wichita Falls could have extended into Archer County. Mr. Clark informed that the City limits did not, just property owned by the City was within Archer County. Mr. Shelly stated he had problems with the fact that the City had jurisdiction of property that is not within the City. City Attorney stated that the City had property ownership, but not police power jurisdiction. Moved by Councilor Hatcher that the proposed resolution be tabled for up to 30 days. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings, Hatcher and Elmore 5 Item 8a ORDINANCE NO. 01-2010 Ordinance Authorizing The Issuance And Sale Of City Of Wichita Falls, Texas Combination Tax And Revenue Certificates Of Obligation, Taxable Series 2010; Levying An Annual Ad Valorem Tax And Providing For The Security For And Payment Of Such Certificates; Authorizing The Execution Of A Private Placement Letter And A Paying Agent/Registrar Agreement; Declaring An Emergency; Declaring An Effective Date; And Authorizing And Enacting Other Matters And Provisions Relating To The Subject Moved by Councilor Elmore that Ordinance No. 01-2010 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings and Elmore Nays: Councilor Hatcher Item 9e was moved up and considered at this time. Item 9e RESOLUTION NO. 05-2010 Resolution Protecting The Current And Future Operations Of Sheppard Air Force Base By The Expression Of Opposition To Any Electric Transmission Line Locations That Might Negatively Impact Current And Future Ground Missions And Flight Operations Moved by Councilor Barham that Resolution No. 05-2010 be passed. Motion seconded by Councilor Smith. Mr. Dave Clark, Community Development Director, informed the Council that Oncor was looking for a large transmittion line route. They had multiple possible routes. One route was near Sheppard Air Force Base. The Sheppard Military Affairs Committee had concerns about this possibility and passed a resolution expressing their concern about anything that would jeopardize the future expansion or operation of Sheppard Air Force Base. Mrs. Kay Yeager, 2111 Avondale, spoke about the importance of the Base to the local economy and the City. She stated that the Sheppard Military Affairs Committee was staunchly opposed to anything that would be near the base. The 882"d Medical Training Unit was beginning to be moved to Fort Sam Houston and the committee was working to fill the space the 882nd would be vacating. Mrs. Yeager stated they had to be extremely diligent to protect Sheppard's mission on the ground or in the air. Mayor Lyne stated that everyone knew Sheppard was extremely important to the economy and the Council wanted to do what they could to support and protect Sheppard Air Force Base. The motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8b ORDINANCE NO. 02-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Authorizing The City Manager To Execute All Documents Necessary To Accept And Expend Grant Funds For The Bulletproof Vest Partnership 6 Item 8b continued Grant And Appropriating Said Amount To The Special Revenue Fund In The Amount Of$2,551.97 Moved by Councilor Roberts-Burns that Ordinance No. 02-2010 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None Item 8c ORDINANCE NO. 03-2010 Ordinance of the City Council of the City of Wichita Falls, Texas, Amending Article IV Of Chapter 26 Of The Wichita Falls Code Of Ordinances To Ensure Identity-Related Information on Itinerant Merchants Is Registered With The City Clerk And Providing A Penalty Of Up To $500 Upon Violation Moved by Councilor Barham that Ordinance No. 03-2010 be passed. Motion seconded by Councilor Elmore. Mr. Jim Dockery, the Finance Director, provided background information on this item. City Attorney informed Council of the changes made from the previous Itinerant Merchant Ordinance the City had repealed. He also requested to amend the Ordinance changing all references from Chapter 126 to Chapter 26. Moved by Mayor Lyne to amend Ordinance No. 03-2010 by replacing references from Chapter 126 to Chapter 26.. Motion seconded by Councilor Barham and carried by the following vote Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Councilor Hatcher requested Sec. 26-157. Application (a) (6) of the ordinance be amended to read: "Valid copy of sales and use tax permit issued by Texas Comptroller or Certification of Exemption". Moved by Councilor Hatcher to amend Ordinance No. 03-2010 reflecting that Sec. 26-157 (a)(6) read: "Valid copy of sales and use tax permit issued by Texas Comptroller or Certification of Exemption". 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 Main motion as amended carried by the following vote: Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 7 Item 8d ORDINANCE NO. 04-2010 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Authorizing The City Manager To Execute All Documents Necessary To Accept And Expend A Grant For HIV Prevention Services From The Department Of State Health Services In The Amount Of $116,000 And Appropriating Said Funds To The Special Revenue Fund For The HIV Prevention Program Moved by Councilor Elmore that Ordinance No. 04-2010 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9a RESOLUTION NO. 02-2010 Resolution Approving An Agreement With Archer County To Allow The Health District To Exercise Exclusive Jurisdiction To Regulate On-Site Sewage Facilities And Approve Related Permits On All City-Owned Land Adjacent To Lake Kickapoo Moved by Councilor Roberts-Burns that Resolution No. 02-2010 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 9b RESOLUTION NO. 03-2010 Resolution Authorizing The Purchase And Installation Of Carpet For The Ray Clymer Exhibit Hall Through The Cooperative Purchasing Network From Tandus US, LLC. In The Amount Of$130,533.32 Moved by Councilor Roberts-Burns that Resolution No. 03-2010 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 9c RESOLUTION NO. 04-2010 Resolution Authorizing The City Manager To Execute A Professional Services Agreement In The Amount Of $34,980 With J-QUAD Planning Group, LLC To Prepare The City Of Wichita Falls 2010-2015 Consolidated Plan, The Program Year 2010 Annual Action Plan, And An Analysis Of Impediments to Fair Housing Choice Moved by Councilor Roberts-Burns that Resolution No. 04-2010 be passed. 8 Item 9c 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 9f RESOLUTION NO. 06-2010 Resolution Authorizing The City Manager To Execute A Professional Services Agreement With Corlett, Probst & Boyd, P.L.L.0 For An Additional Belt Press Installation At The River Road Wastewater Treatment Plant, In An Estimated Total Amount Of$69,825 Moved by Councilor Hatcher that Resolution No. 06-2010 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9g RESOLUTION NO. 07-2010 Resolution Approving A Professional Services Agreement With Biggs & Mathews, Inc For Engineering Services For Emergency Action Plans For City-Owned Dams In The Amount Of$200,900 Moved by Councilor Barham that Resolution No. 07-2010 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 9h RESOLUTION NO. 08-2010 Resolution Authorizing The Director Of Public Works To Execute All Documents Necessary To Apply For And Accept A Solid Waste Grants Program Grant Of Up To $20,000 From The Nortex Regional Planning Commission (RPC), Authorizing Said Director To Act On Behalf Of The City In All Matters Related To The Application; And Pledging That If A Grant Is Received The City Of Wichita Falls Will Comply With The Grant Requirements Of The Nortex RPC, The Texas Commission On Environmental Quality And The State Of Texas Moved by Councilor Elmore that Resolution No. 08-2010 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 9 Item 10a There were no staff reports. Item 10b Councilor Smith welcomed Lindsey Grier, new Director of the Convention and Visitors Bureau and a native Wichita Falls citizen. Councilor Smith wanted to meet with Mr. Jack Murphy and City Attorney after this meeting regarding hunting near Lake Wichita. City Attorney said that he has a memo regarding this issue and it will be sent to Council at the end of the week. Councilor Smith reminded staff to provide Council an update on the current tax rate comparison survey. Councilor Ginnings asked how many people noticed the pot holes were being repaired right after the snow storm. He encouraged the citizens to contact the Street Department and report pot holes and other issues with the streets. He acknowledged the Street Department for their quick response and repair work. Councilor Ginnings expressed concern about the recent shootings and homicide. He asked if a multifamily housing unit that has taken and passed Stage 1 of the Program, do they commit themselves to any kind of enforcement if they have an occupant that is cited for serous misconduct; do they have the authority to evict them? Chief Bachman was very cautious not to divulge any detailed information relating to a specific crime which is still under investigation. Councilor Ginnings rephrased his question. In the Multi-housing Program that Office Joe Snyder is administering if there is a violation and you issue a ticket under our Certification Program can and should the apartment manager evict that person? Officer Snyder replied that they should and he explained the training provided to the managers under this program, noting that Arizona requires that they comply with all three stages. Under our program they are only required to comply with Level 1. In Arizona it is mandatory that they meet all three levels. City Attorney informed that the Council could require all three levels under an ordinance. Councilor Ginnings asked about following up with apartment managers to see what they are going to do about what Police records show in regard to screening or inadequate screening. Chief Bachman replied that they are currently doing that. Councilor Ginnings asked if that could be a nuisance complaint. City Attorney replied that he would have to research that. Councilor Ginnings mentioned that some of the manhole risers are set too low in the roads. After talking to Mr. Schreiber he found out that some of these are owned by others such as TXDOT and AT&T. He wanted to know if the City could replace these risers and bill the companies who were responsible for each one. Councilor Hatcher questioned who was responsible if the street had been overlaid causing the problem in height of the manhole riser. City Attorney informed there are some state laws limiting what the City can do with their franchisees. He stated that if the City is not widening the road they can not hold the franchisees responsible. City Manager commented that usually under the bid specs of milling and overlaying a road the City requires the company doing the project to adjust the height of the manhole risers. Mr. Schreiber noted that in the past it had been the policy to have the utilities raise and lower their manholes, but he believes they need to review the 10 Item 10b continued policy and take on the responsibility of setting the height of the manhole risers and have the contractor bring them to grade. Councilor Hatcher stated he was troubled about the complaints he received about the City's response to the blizzard. He wanted to acknowledge that the City was out working, both Public Works Street Department and the Police Department were out working hard and he wanted to commend all those who worked so hard. Councilor Hatcher welcomed Lindsey Grier and the new Assistant City Manager, Kevin Hugman. He informed the public that there were a lot of great things coming up including events at the MPEC and the Martin Luther King breakfast. He encouraged everyone to take "Pride in the Falls", enjoy living here and he wished everyone a great year. Councilor Barham joined Councilor Hatcher in giving praise to the Street Department for there hard work during the storm event. He stated there was a letter to the editor in the morning paper from a gentleman who lived out of state. The gentleman left the house he was visiting against City's advice and got stuck. In his letter he stated that people should have heeded this advise and if they didn't then they should accept the responsibility for there choices. Councilor Barham thanked him for his support of the City. Councilor Barham thanked the citizens from Lake Side City for being here and sharing their concerns with the Council. He acknowledged the short notice they had and appreciated them for attending today's meeting. Councilor Elmore stated he got stuck during the Christmas Eve blizzard on S.H. 281 and Mr. Green, a good samaritan who lived on F.M. 1954, pulled him out. He expressed his thanks to all the staff and especially all the citizens who helped each other. Caring and concerned citizens was one reason that made him proud to live in Texas. Councilor Elmore stated safety in ones home is somewhat of an illusion as everyone is subject to crime. He encouraged everyone to do what they can to assist the police in reducing crime. Councilor Elmore commented there was a drainage problem in the 5300 block of Pebblestone and he asked that staff take a look at the problem. Councilor Elmore wished everyone a very happy, prosperous and healthy New Year and hoped they all had a safe Christmas. Councilor Roberts-Burns congratulated the Street, Police and Fire Departments for the work they did during the snow storm. Councilor Roberts-Burns informed everyone that on Saturday January 16, would be the 21st Martin Luther King Prayer breakfast at the MPEC. The speaker this year will be Mr. Charles Gurley Jr. who graduated from Wichita Falls High School and is currently in law school. Mr. Gurley was the first recipient of their Martin Luther King scholarship in 1989. This scholarship is available to any students graduating from high school in Wichita Falls. She encouraged everyone to attend; tickets are available at the Martin Luther King Center. Mayor Lyne stated that during the snow storm many of the staff were working including those working in the waste water and water treatment plants. Some of these employees slept on concrete floors and some had to walk to work. He commended them for their dedication and thanked them for the sacrifices they made. He agreed with Councilor Barham about the people assisting others and thanked them. Mayor Lyne reminded everyone that the census was coming up. He encouraged everyone to fill out their census forms as this makes a huge difference in the federal and state grants and funding the City can secure. It also makes a difference in the businesses the City can recruit. The census forms are due in April. If you do not get one, the City can assist in making sure you receive one. Item 11 City Council went into Executive Session at 12:21 p.m. as authorized by Sections 551.071, 551.072 and 551.074 of the Texas Government Code. City Council reconvened at 1:22 p.m. Mayor announced that no votes or polls were taken during Executive Session. Item 12 Moved by Councilor Hatcher that Mr. Dustin Nimz be appointed as Chair of the Zoning Board of Adjustment with term to expire December 31, 2011. 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 City Council adjourned at. 1:24 p.m. PASSED AND APPROVED this Iq day of 2010. LA AM L E MAYOR ATTEST: ydia 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 5, 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: Pastor Lukus Counterman Wichita Falls Baptist Church (b) Pledge Of Allegiance 3. Presentations (a) Proclamation — International Crime Stoppers Month — WFCS Board President Ken Coughlin, Officer Harold McClure and Officer Robert Woodruff (b) Employee of the Month - Robin Venegas, Police 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 December 15, 2009 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolutions (a) Resolution Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs (Council Bill #1 ) City Council Agenda Tuesday, January 5, 2010 Page 2 7. Receive Minutes (a) Library Board, October 27, 2009 (b) Planning & Zoning Commission, November 11 , 2009 REGULAR AGENDA 8. Ordinances (a) Ordinance Authorizing The Issuance And Sale Of City Of Wichita Falls, Texas Combination Tax And Revenue Certificates Of Obligation, Taxable Series 2010; Levying An Annual Ad Valorem Tax And Providing For The Security For And Payment Of Such Certificates; Authorizing The Execution Of A Private Placement Letter And A Paying Agent/Registrar Agreement; Declaring An Emergency; Declaring An Effective Date; And Authorizing And Enacting Other Matters And Provisions Relating To The Subject (Council Bill #2) (b) Ordinance Authorizing The City Manager To Execute All Documents Necessary To Accept And Expend Grant Funds For The Bulletproof Vest Partnership Grant And Appropriating Said Amount To The Special Revenue Fund In The Amount Of $2,551.97 (Council Bill #3) (c) Ordinance Amending Article IV Of Chapter 126 Of The Wichita Falls Code Of Ordinances To Ensure Identity-Related Information on Itinerant Merchants Is Registered With The City Clerk And Providing A Penalty Of Up To $500 Upon Violation (Council Bill #4) (d) Ordinance Authorizing The City Manager To Execute All Documents Necessary To Accept And Expend A Grant For HIV Prevention Services From The Department Of State Health Services In The Amount Of $116,000 And Appropriating Said Funds To The Special Revenue Fund For The HIV Prevention Program (Council Bill #5) City Council Agenda Tuesday, January 5, 2010 Page 3 9. Resolutions (a) Resolution Approving An Agreement With Archer County To Allow The Health District To Exercise Exclusive Jurisdiction To Regulate On-Site Sewage Facilities And Approve Related Permits On All City-Owned Land Adjacent To Lake Kickapoo (Council Bill #6) (b) Resolution Authorizing The Purchase And Installation Of Carpet Through The Cooperative Purchasing Network From Tandus US, LLC. In The Amount Of $130,533.32 (Council Bill #7) (c) Resolution Authorizing The City Manager To Execute A Professional Services Agreement In The Amount Of $34,980 With J-QUAD Planning Group, LLC To Prepare The City Of Wichita Falls 2010-2015 Consolidated Plan, The Program Year 2010 Annual Action Plan, And An Analysis Of Impediments To Fair Housing Choice (Council Bill #8) (d) Resolution To Establish Encroachment Policy Regarding The Boundary Of Lake Wichita And Any Adjacent Surrounding Property Owned By The City Of Wichita Falls (Council Bill #9) (e) Resolution Protecting The Current And Future Operations Of Sheppard Air Force Base By The Expression Of Opposition To Any Electric Transmission Line Locations That Might Negatively Affect Current And Future Ground Missions And Flight Operations (Council Bill #10) (f) Resolution Authorizing A Professional Services Agreement With Corlett, Probst & Boyd, P.L.L.0 For An Additional Belt Press Installation At The River Road Wastewater Treatment Plant, In An Estimated Total Amount Of $69,825 (Council Bill #11) (g) Resolution Approving A Professional Services Agreement With Biggs & Mathews, Inc., For Engineering Services For Emergency Action Plans For City-Owned Dams In The Amount Of $200,900 (Council Bill #12) (h) Resolution Authorizing The Director Of Public Works To Execute All Documents Necessary To Apply For And Accept A Solid Waste Grants Program Grant Of Up To $20,000 From The Nortex RPC, Authorizing Said Director To Act On Behalf Of The City In All Matters Related To The Application; And Pledging That If A Grant Is Received The City Will Comply With The Grant Requirements Of The Nortex RPC, The Texas Commission On Environmental Quality And The State Of Texas (Council Bill #13) City Council Agenda Tuesday, January 5, 2010 Page 4 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . 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., the acquisition of 306 Scott and 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 306 Scott and property surrounding Castaway Cove). (c) Executive Session in accordance with TExAs GOVERNMENT CODE §551 .074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee (including, but not limited to, members of the Zoning Board of Adjustment). 12. Open Session To Consider Appointments To The Zoning Board of Adjustment 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, January 5, 2010 Page 5 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 , 2009 at o'clock (a.m.)(p.m.). City Clerk