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Min 09/01/2009 664 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 1, 2009 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 Councilor Jim Ginnings gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor Lyne proclaimed September 12, 2009 as "Museum Day in Wichita Falls" and encouraged everyone to bring their family and visit the museums in our City. The event begins at 10:00 a.m. until 4:00 p.m. and there will be free trolley rides to the museums downtown. Item 3b Mayor Lyne proclaimed September 12, 2009 as "Boys and Girls Clubs Day for Kids in Wichita Falls". Youth of the Year thanked the Council for recognizing kids. He gave a list of all the activities for the day and invited everyone to attend. Item 3c John Yates, Vice President of the University Kiwanis Club, presented the City with a check in the amount of$6,000.00, profits from operation of the ball field concession stand in 2008. Mr. Jack Murphy expressed appreciation to the University Kiwanis Club of a long lasting relationship. 665 Item 3d Mayor recognized Terry Hillard, Fire Equipment Operator, Fire Department, as Employee of the Month for September 2009. Mayor presented Officer Hillard with a plaque, a letter of appreciation, dinner for two, and a check. Item 4 Bob Oden, 3402 Glenwood, read a letter to Council that gave a history of his property and the tax liens. He concluded by stating that he would be returning that property at 1417 32"d Street to the City because he could not pay the tax lien. Pastor Doris Smith, 605 Kentucky, spoke on behalf of the Kemp Addition residents. She mentioned that 603 Kentucky, which is next door to her home, was burned about three years ago; no one lives there and it is a hazard. She thanked the Police Department for cleaning up their neighborhood from drugs and those kinds of things. She wanted to know what they as residents of the Kemp Addition could do to help bring up their neighborhood and rebuild their community. Mr. Dave Clark will look into the hazardous structure as well as visit with her. He commented that it does come down to the market and people wanting to build there. Opal Brown, 108 Bebe, spoke in support of the Tax Increment Financing Zone #3 stating that they do need to get some businesses in that area. Mayor commented that Mr. Dave Clark works with different franchise groups to bring businesses to that side of town. Mark Masman, Christmas in Action Executive Director, thanked Mr. Dave Clark for approval of CDBG funds although this year it is less. He commented that the federal restrictions are ridiculous; it is costing us money to spend that money. Regarding the TIF#3, he expressed appreciation to Karen Montgomery for her work on that. Our office is on Martin Luther King Drive and that area would benefit from more businesses there especially on the south end of Martin Luther King Drive. The City, Mr. Dave Clark's office, Neighborhood Resources, Housing, and Planning have done a great job and helped us, and I urge your approval on the creation of TIF#3. Mr. Masman referred to the tax liens and stated that Christmas in August was hit with a lien two years ago and we ended up paying that. Two were not even legal liens, there was some error, but that was donated money we had to pay to get liens released from our property that we purchased ten years ago. Item 5 Minutes of the August 18, 2009 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 Barham 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 Item 6a RESOLUTION NO. 117-2009 Resolution Awarding A Bid To Mythics Inc. In The Amount Of $124,128.90 For The Purchase Of An Oracle Database 11 g Enterprise Edition and One Year of Maintenance. 666 Item 6b RESOLUTION NO. 118-2009 Resolution Awarding Bid For The Rehabilitation Of Lift Station No. 14 Project, CWF 09-550-09 To Dowtech Specialty Contractors in The Amount of Approximately $99,559.00 Items 7a-7b Minutes of the following boards and commissions were received. (a) Planning and Zoning Commission—July 8, 2009. (b) Wichita Falls Economic Development Corporation—August 4, 2009. Item 8a A public hearing regarding the proposed establishment of an Eastside Tax Increment Financing District#3 was held. Mayor declared the public hearing open. Mr. Dave Clark provided a brief history on how this had evolved. This is a major step and one that many are in support of. Councilor Roberts-Burns established an Eastside Revitalization Committee some time back and it has been very effective over the years. It met several times and in that effort has moved toward the development of a Tax Increment Financing District. This Distinct is now coming before you with a final public hearing. The Committee did endorse the Tax Increment Financing (TIF)) boundaries and since that time a public informational meeting was held with notices to the property owners that would be involved in the TIF District. There was also a meeting before the County and a review by them with their approval and endorsement for this TIF. We communicated with the Wichita Falls Independent School District who because of funding circumstances cannot participate in a TIF. We have a waiver from them on their participation in that regard. Mr. Clark showed a map of the proposed TIF boundary and commented that it was an 18 page description to come up with the boundary description. The boundary was designed to look ahead and consider the factors in the area that have potential and have needs. The TIF is intended to enhance the economic base and therefore is primarily consideration of commercial and industrial area. In fact when it comes to residential area you can only have 10% of the property be residential. He acknowledged Mrs. Karen Gagne Montgomery who spent months trying to work with everybody to come up with a proper boundary with less than 10% residential property. Mr. Clark explained that when you develop a TIF District it is basically that the taxes, the assessed valuation, and the tax generation are established on a based year and in this case that year is 2008. When that is established and certified, as it is in the TIF Plan by both the County Tax Assessor-Collector and the Wichita Appraisal District, then henceforth with the adoption of a TIF District an increase in property taxes because of new construction becomes part of the increment. Mr. Clark reviewed the Project and Financial Plan for the TIF#3. He acknowledged the development of the Washington Village Apartment complex, which was a major factor in having the ability to do this project. In his presentation he noted that this does not mean that anyone will pay additional taxes but it means that the increased taxes rather than going to the City or County go into a fund to leverage additional businesses. Councilor Ginnings pointed out that Mr. Clark had commended everyone but himself and asked if he had done any of this work. Mr. Clark replied that he mostly wrote the financial plan with input from other people in his department. Councilor Ginnings asked if given this 10% limitation on residential would it be true that the TIF zone would limit any residential areas within it. Mr. Clark replied that it would not because some things like the Fuller Estates will still be developed as things go along the way. The way it was developed there is a consideration of a residential category with things that will change over the years that will not be a problematic factor. Councilor Ginnings stated it in a different manner; the boundaries of the TIF Zone are stipulated here so if someone wished to put in a major residential area within that boundary that might make the percentage go above 10% residential, is that a problem, would that be allowed? Mr. Clark replied that he would have to consider that, it may be that if someone 667 Item 8a continued wanted to do a major develop we may have to remove that from the zone. There would be a means to accommodate it. Councilor Ginnings stated that if you consider what is at least in the realm of possible although very unlikely, if this is 90% commercial within this District, it does not have enough people living there to support all that commercial unless it is manufacturing. Mr. Clark explained that it is not a matter of the Zone; the population is 1275 who live in the District. When you talk about the development and economic feasibility of other businesses, that is not a just a factor of the zone boundary but of the whole area. Another thing we are working on along with this is a future Land Use Plan which considers the whole area. We are encouraging commercial and industrial development in there but it is not dependent on the population. Arthur Bea Williams, 1602 Andrews, stated that they worked on TIF#3 this summer. She thanked Councilor Roberts-Burns because she pushed this project along, noting that Mr. Clark was the impetus of this work. It will be primarily focused on the east side but the impact will be for the City of Wichita Falls. Industry and commerce and those things were not unfamiliar to the east part of this town in prior years; it can and should sustain some commerce. The important thing is it encompasses a magnitude of things, business and commerce. I think if you get business and commerce you will get people to do more about where they live, similar to the development of the Public Safety Training Center; it will enhance, impact, and cause people to do more where they live. I know the City has always jumped on board to push TIF#1 and TIF#2 and she expects no less and is sure they will get nothing less for TIF#3. Ms. Williams felt this is the third greatest thing that has happened in Wichita Falls in the last twenty years. We appreciate the Pubic Safety Training Center and Fire Academy and all the development that the City has put in our neighborhood. I don't think it is just going to benefit the eastern part of Wichita Falls but it is going to benefit Wichita Falls and we would be doing it a disservice if we focus on the fact that it is the east part and not that it is a part of Wichita Falls that is on the east. The proximity to Sheppard Air Force Base; to the building project and new housing, all the population that goes from Sunnyside to the east to those by Sheppard and north because of how Martin Luther King Blvd. flows through the community it creates another avenue and a straight shot to a lot of commerce. The vision has not been there for it, but it has always been there. There is nothing that has to be done other than to approve it, encourage it, push it, fund it, and finance it; and get people to look at it as an area that when you are quickly running out of your boundaries to the south, north, and west, you have the east. Ms. Williams concluded by stating that she is ready to get on board and has put her application in to serve on the TIF #3 Board. She wants to get involved, wants to help, and wants the Council to help. Mayor called for additional public comment. There being none, Mayor declared the public hearing closed. Item 9a was moved up and considered at this time. Item 9a ORDINANCE NO. 59-2009 Ordinance Designating A Tax Increment Financing District, Reinvestment Zone #3, providing findings Of Fact, Adopting The Plan, And Declaring An Emergency. Moved by Councilor Roberts-Burns that Ordinance No. 59-2009 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 668 City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m. Item 8b A public hearing was held on the proposed ordinance amending Sections 106-406 through 106-413 of the City of Wichita Falls Code Of Ordinances to modify the City's onsite sewage facility provisions. Mayor declared the public hearing open. Health Director Lou Franklin informed that this ordinance had not been updated since 2001; in 2007 during a compliance review regarding the City's on-site-sewage facility (OSSF) control program, Texas Commission on Environmental Quality (TCEQ) requested that the ordinance be updated. Staff met with stakeholders including OSSF installers, designers, and site evaluators, the Home Builders Association, and local realtors to receive feedback on proposed changes. Following discussion with stakeholders, the revised ordinance was submitted to TCEQ for approval and they approved it on August 7, 2009.The Board of Health also reviewed the ordinance and unanimously recommends the changes for approval. Mrs. Franklin reviewed the proposed changes noting that these changes would enhance their ability to ensure onsite septic systems are installed according to submitted plans and maintained to protect the homeowner and the environment. Council asked questions regarding the affect of these changes. Zoonosis OSSF Administrator Susan Morris provided information on the process and how it will work. Mrs. Franklin concluded by stating that they do everything on all their health programs in their power to work with the citizens to get them into compliance before going the legal route. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 9b was moved up and considered at this time. Item 9b ORDINANCE NO. 60-2009 Ordinance Amending Sections 106-406-Through 106-413 Of The Code Of Ordinances Of The City Of Wichita Falls To Modify The City's Onsite Sewage Facility Provisions. Moved by Councilor Roberts-Burns that Ordinance No. 60-2009 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 8c A public hearing was held on the proposed property tax rate for the 2009-10 Fiscal Year. Mayor declared the public hearing open. Finance Director Jim Dockery explained that at your last meeting, Council conducted budget hearings and at the conclusion Council adopted a resolution that expressed your intent to consider a tax increase of one penny from the current tax rate. That is less than one-half of a cent increase on what the effective tax rate is, which is the rate that would generate the same amount of revenue from our property base in our community. This public 669 Item 8c continued hearing will meet state requirements to conduct two public hearings. This is the first of two required public hearings to allow citizens to ask questions or comment. The next public hearing will be held September 8, 2009 at 8:30 a.m. You will adopt the tax rate on September 15, 2009. Councilor Smith asked Staff to see if there is any possible way to save the two Library jobs that are being eliminated before the budget year starts. City Manager submitted a point of clarification. We are talking about four positions and two of those are already vacant. It is good in that we will not have to fill two but we will work with the other two aggressively to see if we can find a good fit for other openings in the City for which they are qualified. Councilor Hatcher expressed appreciation to the City Manager, staff and to all who have tried to make this budget work but he believes in the resiliency of this City and is optimistic that things will turn around quicker than later. If we should not increase the tax rate we are creating for ourselves a monster for next year. I understand that but I am going to vote against the increase because I believe in our ability to bounce back and we have shown that time after time. Councilor Elmore stated that the reserve is an emergency fund and we are in an emergency mode. I do not have a problem for this year to dip into reserves to fund the things we need in the City and there are areas in the City where we can acquire additional funds for the City to eliminate all of these problems. Councilor Ginnings asked Mr. Dockery for a judgment call on the percentage that the reserve has to amount to in order to maintain our bond ratings. Mr. Dockery replied that we like to keep it at 20% but 19% is not going to cause the alarm to go off, but we will mention in the budget message as to what we did in the adoption of the budget and they look at those comments and the comments will be that we are using those reserves for operating issues and they will focus on that. Councilor Ginnings pointed out that we do put capital items in our maintenance budget. With the situation we have it is not fetching to assume debt but if we could assume debt outside the ad valorem tax rate, that might be worth looking at. We do have that opportunity and it would not be a lot of debt. We could craft a modest $10-$12 million bond package that we could utilize 4B for debt service, but that takes some time and we are in a time crunch. Could we go forward with a budget that anticipates a successful bond issue like I am talking about - our budget would go forward with the cuts the City Manager has proposed but anticipate that we can offset the tax increase with some debt on capital items; assuming it is going to happen. Or could we do that same thing, and there are some proposals that even a larger debt issue might be considered next year and take care of the short fall in that package. Again, we are risking that it will happen. One other idea might be that part of our main problems here are our rough streets and we need to spend more money than we have budgeted on our rough streets, maybe twice as much. What if we live with rough streets another year and then take a look at it and pull money our of that maintenance budget. We just endure the consequences from the citizenry. Mr. Dockery replied that we could do that; you can pull $600,000 out of street budget and keep the tax rate the same, essentially, and look at issuance of debt and use 46 funds. 4B would have to be consulted to see if they want to use those funds for that; then move forward to put those funds back into street program paying for it with 46 debt. The problem with that is there are some risks associated with that. If 4B does not want to use their dollars for street maintenance programs or capital, basically street repairs, then you have cut your street budget by$600,000 that you cannot make up unless you find other sources next year. You miss an opportunity to generate additional revenues. You could do it but the real question is should we do that to close the deficit or look to one penny on the tax increase and keep those dollars in the budget, move forward with 4B and if they favorably consider that. We have already recognized we are doing fewer streets that what would be ideal and that would increase your street maintenance instead of keeping it the same. My thought is not to look at your proposal as a budget fix right now but as a budget increase to your street program. Use your tax levy to generate enough money to keep your maintenance program at $1.6 million for streets and look for additional funds to increase that in the future without having to go to the ad valorem tax, which might be a 4A and 4B consideration and there are some plans to have some hard discussions about capital improvement programs and bond issues in the near future which would get you on that path. Councilor Ginnings asked Mr. Dockery his feelings about taking the money and leave the maintenance money alone, take the $600,000 out of reserve and at some point next year when we have done a debt issue, replace it and the debt issue would do what you have said -to increase the maintenance or the capital portion of it. Mr. Dockery replied that the 670 Item 8c continued $600,000 is a recurring expense, what you are talking about is issuing debt to pay the $600,000 on an annual basis, using reserves for the $600,000 so what would you do next year. Councilor Ginnings replied that the debt he is talking about is for us to realize that some of what we call maintenance is really capital because it is rebuilding and reconstructing. That can overburden your budget and that is what the federal government does,they do long term projects out of current income; that is their theory. Somehow reconstructing streets are conceived as maintenance in our approach to budget,whereas if we wanted to build a building it is capital, but if we renovated and expanded this building, it is capital but we renovate streets and pipes and we call that maintenance. I am asking that you look at this conceptually. He commented that of the$1.6 million how much could be considered as capital and he came up with one third rounded off would come to$600,000 and that is where that$600,000 came from. Mr. Dockery asked that he keep in mind that because we have capital expenditures does not mean you have to issue debt for it and most cities do not. They have a certain amount in their operating funds set by the tax levy, your water rates, and we do that. We have$2 million in water sewer line improvement programs that are capital replacements. Streets, I look at that more as maintenance but you can categorize it as capital but that does not mean you have to issue debt for it. We have taken the position that$1.6 million is what the tax levy should be set at to continue funding operational funding for streets and we would like to see that go higher. My original question, if you take money our of your operating budget, spend your reserves for that$600,000,that has to be replenished somewhere and you are taking a risk by seeing if some other source is going to take that over and if they do not, you are$600,000 in the hole when you begin your budget next year.We are deferring the inevitable to a certain degree. Councilor Ginnings said his position is that he is still looking and thinking and hopes they can do the right thing and that the public will understand it. City Manager agrees with what Mr. Dockery stated and he stands with his initial recommendation of Option 1.We are talking about a 1.7% increase and the County just approved a 7.99% increase. He mentioned a citizen's call and he explained to him all the cuts and millions of dollars that were cut and the positions being considered to be eliminated and no pay raises.The citizen was amazed that he is only recommending a 1.7%tax increase with all that. He mentioned the balancing that needed to take place. We need to start replacing that revenue we lost from the St. Gobain revenue which we will never get back. It is difficult to cut programs. It is difficult to consider any kind of increase but we want the citizens to realize that everything is going up and it is called inflation and if government is expected not ever to be able to increase revenue something has got to give. He agreed to look at the bond issue and he proposed that we move our planning process up to the end of October or November and focus solely on capital issues and prioritize what and how to spend the money. It will be a big bond issue and we will have to figure out what the debt service sources are and 4A and 4B will probably be there. Rather than issue a bond issue now we will make a budget decision hoping that there will be 4B money to do this and pull$600,000 out of the budget. I recommend leaving that in for this year, and by next year that question will be resolved because some of the bond issues we will be talking about we may want to look at having a referendum in May and have the public weigh in on that. If we get an early start on that we can get all of our ducks in a row. Councilor Ginnings stated that if it comes to the point where we have to have a tax increase and things do get better maybe next year we could give that penny back. City Manager reminded Council that a couple of years ago we had that opportunity when a bond issue was paid off, but Council decided to hire additional fire fighters and police officers and issue new debt. In the future if we have that occur and you do not want to do anything different we can refund that back. Mayor thinks the City Manager has done a great job of balancing the needs we have and looking at those numbers. There is about$6 million plus that has been made up or come from somewhere, either loss of revenue that had to be made up and our budget is less than last year;we are doing that tightening. We need to look at Mr. Ginnings'suggestion. The property taxes and ad valorem taxes is a more stable platform than the sales taxes. We get a 1 "/z cent that goes into our regular budget then Y2 cent that goes into our economic budgets and how we use that is important but we also have to be prudent in those areas as well. He watched it go up the last several years and did not expect the kind of drop we have had. Holding it flat and diminishing it to 1%; it may not be aggressive enough. The debt issuance being paid by 4B could be in jeopardy as well if the revenues do not continue to increase and we have to be cautious adding new debt to it. I think we have done a great job 671 Item 8c continued for this year. I think all these things are worth consideration. I agree with moving the planning process up. We have a lot of big projects in the capital improvements on streets and a lot of other things as well. We have drawn a pretty good balance. It does always concern me and I am one that wanted to dip into the reserves for that but when we do that for operations it is a scary moment because you are digging a hole that may not be filled before next year comes around. Mr. Dockery reminded everyone that this is the first of two public hearings; the other public hearing will be held next week.We will also have a budget discussion that goes back over the three options. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Mayor encouraged citizens to attend the next public hearing and speak. Item 9c ORDINANCE NO. 61-2009 (c) Ordinance Accepting $713,676.00 From The COPS Hiring Recovery Program (CHRP) Grant To Hire Four New Police Officers For Community Policing Purposes And Appropriating Said Funds To The Special Revenue Fund Moved by Councilor Barham that Ordinance No. 61-2009 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 City Council recessed t 11:03 a.m. and reconvened at 11:15 a.m. Item 10a RESOLUTION NO. 119-2009 Resolution Amending Fees of the Wichita Falls-Wichita County Public Health District for the On Site Sewage Facilities Program. Moved by Councilor Roberts-Burns that Resolution No. 119-2009 be passed. Motion seconded by Councilor Smith. Councilor Smith asked that staff review fees every couple of years to avoid a large increase like this. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings, and Elmore Nays: None 672 Item 10b RESOLUTION NO. 120-2009 Resolution Authorizing the City Manager To Execute A Professional Medical Services Agreement With North Central Texas Medical Foundation For The Provision Of Medical Services To The Wichita Falls- Wichita County Public Health District Moved by Councilor Roberts-Burns that Resolution No. 120-2009 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 10c RESOLUTION NO. 121-2009 Resolution Approving A Three-Year Contract With APGL, Inc. For The Management Of The Champions Course At Weeks Park And A One- Month Extension Of The Current Contract With APGL, Inc. Moved by Councilor Barham that Resolution No. 121-2009 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 10d RESOLUTION NO. 122-2009 Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B Sales Tax Corporation For Fiscal Year 2009-2010. Moved by Councilor Hatcher that Resolution No. 122-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings, and Elmore Nays: None Item 10e RESOLUTION NO. 123-2009 Resolution Approving The Wichita Falls 4B Sales Tax Corporation's Amendment Of Its Fiscal Year 2008-2009 Budget To Conditionally Fund $60,000 Of Renovations To The Backdoor Theatre. Moved by Councilor Elmore that Resolution No. 123-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. 673 Item 10e continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 10f RESOLUTION NO. 124-2009 Resolution Awarding Bid For The Rehabilitation Of Lake Arrowhead Raw Water Line Phase 1 Project, CWF 09-542-13 To Wright Construction Co. Inc., In An estimated Total Amount Of$ 1,048,980. Moved by Councilor Ginnings that Resolution No. 124-2009 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 10g RESOLUTION NO. 125-2009 Resolution Authorizing the City Manager To Execute All Documents Necessary To Grant A 20-Foot Wide Utility Easement to ONCOR Electric Delivery Company LLC, For Power Line Construction Located Exclusively On The Cypress Water Treatment Plant Site Moved by Councilor Elmore that Resolution No. 125-2009 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 11 a Moved by Mayor Lyne to appoint the following persons to the Tax Increment Financing District Board #3 with terms to expire as set out. Place 1 — Mr. Lindsey walker, Term expires December 31, 2010 Place 2— Mr. Andy Lee, Term expires December 31, 2011 Place 3 — Ms. Arthur Bea Williams, Term expires December 31, 2011 Place 4 — Mr. Kenneth Haney, Term expires December 31, 2010 Place 5— Mr. Rick Orr, Term expires December 31, 2011 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 Moved By Councilor Barham to appoint Mr. Kenneth Haney as Chair with term to expire December 31, 2010. 674 Item 11 a continued Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings, and Elmore Nays: None Item 12a City Manager gave the holiday schedule for sanitation pick up. Item 12b Councilor Roberts-Burns thanked the Council for passing the ordinance creating the TIF#3. This has been a dream of hers since 2003. She thanked Planning for all the work they have done to get us to this point. Our work is just beginning to get businesses in District 2. We need them and know we will get them if we work hard at it. Councilor Elmore congratulated Councilor Roberts-Burns on the TIF#3. Councilor Elmore referred to a letter from a man involving complaints on the Howard Johnson Hotel and asked if there was anything we can do. It is a consistent problem. Councilor Barham commented that Councilor Roberts-Burns was too modest. She did a yeoman's amount of work on the TIF#3. She was the fire under the kettle to get this going. He thanked Dave Clark and his staff for the work they did, especially Karen Montgomery. When we started on this in May did not know how convoluted the boundary would be. It is a project we have needed for a long time. There are prospects looking in that area and he is looking forward to a lot of improvement in that area. Councilor Hatcher asked that staff look at the ordinance dealing with off- sight signage. We have a situation causing a hardship on the businesses on the south end of Kemp and there should be something that can be done in the form of a temporary situation. Apparently, even if you have the permission of the land owner to place a small sign there, it is not allowed. We are already inconveniencing these people and he asked that something be done to allow these businesses to place small signs on private property with property owner's permission. He asked if there is something we can do, a loop hole or do we need to tweak the ordinance? City Manager replied that staff will look at that. I think the current ordinance allows small signs if not in the right of way but on private property with owner's permission; however, we will double check that. Councilor Hatcher informed that two land owners received City notices to remove their signs. It was on their property and not on right-of-way. At least we can try to do everything possible to minimize the inconveniences we are causing these businesses; we need their sales tax dollars. I see all types of signs that are placed throughout the City and some illegally. It does not seem right and we need to help these businesses. If everybody on that street wants to do it, that does not matter; it is a temporary thing during this construction. Councilor Ginnings stated that they had five bicycle riders at their house from California and the metroplex and they had nothing but compliments on the conduct and experience the City offered for the Hotter'n Hell Hundred ride. Councilor Ginnings asked if any response had been received from the Howard Johnson Hotel on the letter the citizen wrote. Mrs. Lou Franklin informed that she received a copy of the letter and she sent inspectors out and have addressed the physical facility issues that were in that letter. Mr. Sullivan told her he has not received any complaints on that facility from Hotter'n Hell Hundred. 675 Item 12b continued The physical facility issues that are covered in our lodging ordinance were addressed and brought back up to Code. Councilor Ginnings clarified that he was asking if their Corporate Office had responded. City Manager replied in the negative. Councilor Ginnings asked if we have any relationship with the manager there. Mr. Bob Sullivan informed that they meet regularly with the hotel operators. It is an obstacle when we go out to solicit conferences and conventions when there is a reputation of poor service in the past. We have been successful in creating a dialogue and for the most part we are seeing some improvement but there is still a long way to go. We address issues as they come forward to us immediately with the hotel operators and try to get results as quickly as possible. Other than that, it is a matter of trying to stay on top of them. Councilor Ginnings asked what the hotel manager's response was. Mr. Sullivan replied that he has not seen the letter, but in the past when issues come up they do get to them right away. However the problem is a reaction after the fact and it perpetuates that stigma we have. What we want to see is a more proactive approach addressing issues prior to the event so that we do not have these issues and the people leave with a positive experience. Councilor Ginnings asked how we can be proactive when someone like you is out selling the City then this comes up. Mr. Sullivan replied that when we go out for a convention we try to bring the hotel operator with us if they are going to be the host hotel with us so they are a part of the process from the beginning. Each convention has their own areas they look for what they want and at that point we try to address those with a proper fit of the hotel by bringing them in on the process and have them be a part of the process at soliciting these conferences and conventions into the community and we have found success in that they are a part of the process from the very beginning. Councilor Ginnings asked if we have had complaints at this hotel before. Mr. Sullivan replied that we have had a number of complaints about the hotel building relating to hot water, cleanliness, physical structure. They have tried to address this and made improvements but they still have a long way to go. Councilor Ginnings said he does not understand how a company as a big as Howard Johnson, which is big enough to where there should not be any "a long way to go". It is something they could write a check for. Mr. Sullivan agreed and stated that they meet with the regional managers when they come in to address issues, but it is a stumbling block for us and we wish we had better cooperation at the corporate level in many cases. Councilor Ginnings commented that this is something that should have our ongoing attention. Councilor Barham asked if the Health Department inspects hotels annually. Mrs. Franklin replied that they inspect twice a year, once for their annual permit inspection and then six months after that. We inspect on a routine basis twice a year and then based on complaints they are inspected again. Councilor Barham asked if they inspect prior to our two big draws of the year, Ranch Roundup and Hotter 'n Heil Hundred. Mrs. Franklin informed that they are setting up a plan for next year so that whether it is time for those facilities to have either of their routine inspections we will perform spot inspections on all hotel facilities but especially those two, prior to this time of year. We will be looking at and implementing that next year to help prevent some of these problems. Councilor Smith asked if there were problems with the fire detection system at that hotel. Fire Chief Foster informed that the Fire Marshall is investigating those issues; they have had problems in the past with their fire system and it has been repaired. Councilor Smith reminded everyone that Museum Day is September 12 and following that there will be the Downtown Association's Wine and Shrimp Festival. We will have a shuttle running downtown. Councilor Smith thanked everyone in the City and outlying areas for the Hotter 'N Hell Hundred activity; it was a great success. In particular, he thanked 676 Item 12b continued our City crews; they did a lot of work a week prior to and the two days of the event. Councilor Smith informed that we recently had the addition of an American Eagle flight and asked for a minimal update. Mr. John Burrus informed that Dale Morris spoke with the Airport Administrator Monica Morris on the same day of the flight and she received nothing but positive feed back from him. Councilor Smith informed that in one month we will have Falls Fest. It is a big job and our Police and Fire Departments do a great job, as well as our City crews. He pointed out that the problem had been the numbers attending; the popularity of that event. He asked the folks who live in that area to direct their concerns to him or any City staff. We want to make that a friendly, safe activity. That is another great event in Wichita Falls that is coming up. Let us know if we can improve that. Mayor Lyne expressed appreciation to the volunteers who helped in the Hotter'n Hell Hundred. It is a great event for our City and a great time to showcase our City. He said that all the comments were that it was well received. Mayor Lyne mentioned that during Falls Fest we will have transportation from the MPEC to Lucy Park. It takes you right into Lucy Park. Take advantage of the transportation; it should be a great time. Mayor Lyne commented that for those who continue to say there is nothing in Wichita Falls -you are just not paying attention. He enumerated some of the upcoming events—Shrimp and Wine Festival, Boys & Girls Clubs Kids Fest; Museum Day, Air Show in October at SAFB. He stated that it is the volunteerism that makes these things happen and makes our City great. Item 13a City Council went into Executive Session in accordance with Texas Government Code Section 551.072 at 12:06 p.m. City Council reconvened at 12:29 p.m. Mayor announced that no votes or polls were taken during Executive Session. City Council adjourned at 12:30 p.m. PASSED AND APPROVED this AS day of ux� 2009. M YOR ATTEST: tdiaOzuna 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, September 1, 2009 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: (b) Pledge Of Allegiance 3. Presentations: (a) Proclamation — Museum Day. (b) Proclamation — Boys and Girls Clubs Day for Kids (c) Presentation by the University Kiwanis Club of a check for profits from operation of the ball field concession stand in 2008. (d) Employee Of The Month — Terry Hillard, Fire Department. 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of August 18, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolutions (a) Resolution Awarding A Bid To Mythics Inc. In The Amount Of $124,128.90 For The Purchase Of An Oracle Database 11 g Enterprise Edition and One Year Of Maintenance (Council Bill #180). City Council Agenda Tuesday, September 1, 2009 Page 2 (b) Resolution awarding Bid for the Rehabilitation of Lift Station No. 14 Project, CWF09-550-09 to Dowtech Specialty Contractors in the amount of approximately $99,559.00 (Council Bill #181). 7. Receive Minutes (a) Planning and Zoning Commission — July 8, 2009. (b) Wichita Falls Economic Development Corporation — August 4, 2009. REGULAR AGENDA 8. Public Hearings (a) A Public Hearing Regarding The Proposed Establishment of An Eastside Tax Increment Financing District (TIF #3). (b) A Public Hearing To Receive Public Comments Concerning The Proposed Ordinance Amending Sections 106-406 Through 106- 413 Of The Code Of Ordinances Of The City of Wichita Falls To Modify The City's Onsite Sewage Facility Provisions. (c) Public Hearing On Proposed Property Tax Rate For The 2009-10 Fiscal Year. 9. Ordinances (a) Ordinance Designating A Tax Increment Financing District, Reinvestment Zone #3, Providing Findings Of Fact, Adopting The Plan, And Declaring An Emergency (Council Bill # 182). (b) Ordinance Amending Sections 106-406 Through 106-413 Of The Code Of Ordinances Of The City Of Wichita Falls To Modify The City's Onsite Sewage Facility Provisions (Council Bill # 183). (c) Ordinance Accepting $713,676.00 From The COPS Hiring Recovery Program (CHRP) Grant To Hire Four New Police Officers For Community Policing Purposes And Appropriating Said Funds To The Special Revenue Fund (Council Bill # 184). 10. Resolutions (a) Resolution Amending Fees of The Wichita Falls-Wichita County Public Health District for the On Site Sewage Facilities Program (Council Bill #185). City Council Agenda Tuesday, September 1, 2009 Page 3 (b) Resolution authorizing the City Manager to execute a Professional Medical Services Agreement with North Central Texas Medical Foundation for the provision of medical services to the Wichita Falls-Wichita County Public Health District (Council Bill #186). (c) Resolution Approving A Three-Year Contract With APGL, Inc. For The Management Of The Champions Course At Weeks Park and a One-Month Extension of the current Contract with APGL, Inc. (Council Bill # 187). (d) Resolution Approving The Programs and Expenditures Of The Wichita Falls 4B Sales Tax Corporation For Fiscal Year 2009-2010 (Council Bill # 188). (e) Resolution Approving the Wichita Falls 413 Sales Tax Corporation's Amendment of its Fiscal Year 2008-2009 Budget to conditionally fund $60,000 of Renovations to the Backdoor Theatre (Council Bill # 189). (f) Resolution Awarding Bid For The Rehabilitation Of Lake Arrowhead Raw Water Line Phase 1 Project, CWF09-542-13 To Wright Construction Co. Inc., In An Estimated Total Amount Of $1,048,980 (Council Bill # 190). (g) Resolution Authorizing The City Manager To Execute All Documents Necessary To Grant A 20-foot Wide Utility Easement To ONCOR Electric Delivery Company, LLC, For Power Line Construction Located Exclusively On The Cypress Water Treatment Plant Site (Council Bill # 191). 11 . Select Appointments To The Following Boards & Commissions: (a) Tax Increment Financing District Board #3. 12. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 13. Executive Sessions: (a) 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 Hawke Ridge Golf Course). City Council Agenda Tuesday, September 1, 2009 Page 4 14. 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.Any descriptions of property or amounts stated herein are descriptive and not restrictive,and property and amounts may be changed in the motions,actions or documents without further public notice. This agenda has been reviewed and approved by the attorney for the governing body, and the presence of any subject or description in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for the governmental body indicating that said subject or description thereof may be legally discussed in a closed meeting. 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