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Min 11/03/2009 715 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 3, 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 Reverend Kile Bateman, Pastor of Evangel Temple Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor proclaimed November 10, 2009 as "Youth Appreciation Day in Wichita Falls" and urged all citizens to join the Optimist Clubs in an expression of faith in our young people as they begin to establish themselves as the new leaders of our civic, cultural, and economic endeavors. A representative from the Optimist Club accepted the proclamation. Item 3b Mayor Lyne recognized Mrs. Jennifer Babineaux as Employee of the Month for November 2009. Mayor presented Mrs. Babineaux with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 4 Barbara James, 1602 Harding, asked that Council consider either lowering the speed limit on Harding Street from 45 m.p.h. or construct sidewalks. 716 Item 4 continued Scott Gaston, 5945 Kiel Lane, expressed concerns about the City purchasing Castaway Cove Waterpark. He also expressed a concern about the City purchasing Hawk Ridge Golf Course because it would remove revenue from City View that is needed now and in the future. Item 5 Minutes of the October 20, 2009 City Council Meeting were approved as distributed. Items 6a-6e City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns that the Consent Agenda be approved. 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 6a-6e Minutes of the following boards and commissions were received. (a) Board of Adjustment, July 15, 2009 (b) Planning & Zoning Commission, August 12, 2009 (c) Planning & Zoning Commission, September 9, 2009 (d) Public Health Board, August 28, 2009 (e) Civil Service Commission, September 18, 2009 Item 9d was moved up and considered at this time. Item 9d RESOLUTION NO. 151-2009 Resolution Authorizing the City Manager To Execute All Documents Necessary To Offer $3,900,000 To Brook Avenue Associates, LP, To Purchase the Castaway Cove Water Park, And Endorsing An Application To The 4B Sales Tax Corporation To Fund Such Purchase Moved by Councilor Roberts-Burns that Resolution No. 151-2009 be passed. Motion seconded by Councilor Smith. The following persons spoke in favor of the City purchasing the Castaway Cove Water Park, citing financial, economic, and quality of life benefits. Mary Henderson, #4 Bosque Circle Arthur Beatrice Williams, 1602 Andrews Linda Tingle, 1415 N. 101h Street Dr. David Sabine, 2413 Picasso Bill McGregor, 2026 Avondale Bob Seabury, #2 Shepherds Ct. Steve Meadows, 4309 Craigmont Dewayne Travelstead, 3301 Robin Councilor Hatcher stated that he would vote against this resolution because fundamentally he has a problem with a city taking on the responsibility. He agrees with everything that has been said here today and he wants the Water Park but it is a fundamental issue for him. He commented that cities in the 717 Item 9d continued Metroplex with water parks are not paying for the things we have to pay for. Fundamentally I will vote no. Councilor Elmore commented that he has been in favor of the Water Park from the beginning; noting that it is a park not just a water park. It is our responsibility to provide amenities to our citizens and this is an amenity. This will be an attraction to bring young people back to Wichita Falls. Councilor Roberts-Burns also spoke in favor of purchasing Castaway Cove. In accordance with the Texas Government Code, Legal - Section 551.071 and Property - Section 551.072, the City Council convened into Executive Session at 9:31 a.m. in order to continue discussing matters pertaining to: Legal — Pursuant to Section 551.071 Issues related to potential acquisition of Castaway Cove Property— Pursuant to Section 551.072 Castaway Cove property Executive Session adjourned at 9:47 a.m. City Council reconvened into regular session at 9:49 a.m. Mayor announced that no votes or polls were taken during Executive Session. The following action was taken on the item discussed in Executive Session. Moved by Councilor Ginnings to amend the motion to include the following: "The purchase will be further contingent upon — 1. The transfer of all season ticket sales revenue for 2010 to the City, 2. Brook Avenue Associates' maintenance of Castaway Cove until closing including the employment of Winter Staff. 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 Mayor asked for Council concurrence to insert $3.9 million in the blank as the offer to purchase Castaway Cove Water Park. Council concurred. Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings, and Elmore Nays: Councilor Hatcher Item 4 revisited Mayor allowed Mrs. Tingle to address the Council at this time. Linda Tingle, 1415 N. 10t' Street, expressed concern about employees in a well known business handling fruits, meat and other items without a Food Handler's Card. Mayor will address this with the Health Director. Mrs. Tingle suggested that the Wichita River be cleaned out to prevent flooding and for aesthetic reasons. 718 Item 7a A public hearing was held to review the City's Juvenile Curfew Ordinance. Mayor Lyne declared the public hearing open. City Attorney informed that we are required to review the Ordinance every three years for effectiveness and for any problems. This is the second of two required public hearings. Police Chief expressed his support of the curfew ordinance; it is beneficial to law enforcement. Mayor Lyne called for public comments. There being none, Mayor Lyne declared the public hearing closed. Item 7b ORDINANCE NO. 80-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Continuing In Effect Sections 78-56 Through 78-60 Of The Wichita Falls Code Of Ordinances, Which Provide A Juvenile Curfew, And Providing A Penalty Of Up To $500 Upon Violation. Moved by Councilor Hatcher that Ordinance No. 80-2009 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 8a ORDINANCE NO. 81-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Article VI Of Chapter 26 Of The Code Of Ordinances Of The City Of Wichita Falls To Modify The City's Food Establishment Regulations, And Providing A Penalty Of Up To $2000 Upon Violation Moved by Councilor Roberts-Burns that Ordinance No. 81-2009 be passed. Motion seconded by Councilor Ginnings. Moved by Councilor Barham to amend the proposed ordinance Section 26-423 by replacing the October 1, 2009 date with December 3, 2009. Motion seconded by Councilor Robert-Burns 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 719 Item 8b ORDINANCE NO. 82-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending The Code Of Ordinances Of The City Of Wichita Falls To Add Chapter 48, Fees, And Establish Article VIII, Division 1, Therein, Which Will Establish Fees For Food Vendors And Food Establishments. Moved by Councilor Roberts-Burns that Ordinance No. 82-2009 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 8c ORDINANCE NO. 83-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Chapters 106 and 48 of the Code Of Ordinances Of The City Of Wichita Falls to modify the City's Industrial Wastewater Discharge Permit Fees Moved by Councilor Barham that Ordinance No. 83-2009 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 8d ORDINANCE NO. 84-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Authorizing The City Manager To Execute All Documents Necessary To Accept A Public Health Emergency Response Grant From The Department Of State Health Services For H1 N1 Influenza Response And Appropriating $246,016 To The Special Revenue Fund For Said Grant. Moved by Councilor Elmore that Ordinance No. 84-2009 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 8e ORDINANCE NO. 85-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Sections 3700 Through 3750 Of Appendix B Of The Code Of Ordinances To Modify Zoning Regulations Governing The River Development District, And Providing A Penalty Of Up To $2000 Upon Violation Moved by Councilor Smith that Ordinance No. 85-2009 be passed. 720 Item 8e continued Motion seconded by Councilor Hatcher. Moved by Councilor Hatcher to amend the proposed ordinance by replacing the $500 penalty with a $2000 penalty wherever that penalty appears in the ordinance. 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 Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None City Council recessed at 11:00 a.m. and reconvened at 11:15 a.m. Item 9a RESOLUTION NO. 148-2009 Resolution Authorizing The City Manager To Enter Into A Contract With Edwards Risk Management, Inc. For Third Party Administration Of the City's Workers Compensation Program Moved by Councilor Elmore that Resolution No. 148-2009 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 9b RESOLUTION NO. 149-2009 Resolution Authorizing Payment To Insituform Technologies Inc. For Emergency Sanitary Sewer Repairs In The Amount Of$159,039.50 Moved by Councilor Elmore that Resolution No. 149-2009 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 9c RESOLUTION NO. 150-2009 Resolution Awarding Bid For The Plum Creek Upper Drainage Project (CWF08-442-16) To W. S. Construction Company In An Estimated Total Amount Of $609,255.50 Moved by Councilor Elmore that Resolution No. 150-2009 be passed. 721 Item 9c continued 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 10a City Manager gave a reminder about the November 10, 2009 Special City Council Meeting at 8:30 a.m. in City Council Chambers. It is open to the public. Item 10b Councilor Smith noted that the TML Conference was very informative with good sessions. Some of the topics were Community Policing presented by Fort Worth Police Department, Scenic City Certifications, Impact of Parks, Legislative Process for Cities, and Future of Transportation in Texas. Councilor Smith requested that Finance prepare a water, trash, and sewer rate comparison survey. Councilor Smith thanked City Staff and Council for our work on Castaway Cove; he feels good about the vote. It was an opportunity and it is an investment; he looks forward to continued good news on that front. Councilor Ginnings commented that the work the City Staff did on analyzing the Water Park was very in-depth, definitive, and they did a good job. Councilor Ginnings asked that the statement read by the City Manager regarding the Water Park be put in print and on the website for the citizens. Councilor Ginnings commended Jessica Langdon, Times Records News Reporter, for today's article regarding the Water Park; it was very detailed and very factual. It was "right on" and she did a good job. Councilor Ginnings was very pleased to see the filing of the Gang Injunction #3; it takes a lot of work on behalf of our Staff. It benefits our Police Department. He commended the Staff's work. Councilor Ginnings mentioned a suggestion from a citizen. Citizen suggested using the General Hospital building as a Veteran's Hospital and asked if it would make a difference if we offered the Veteran's Administration $5410 million. Mayor will check into that. Councilor Elmore informed that he talked to the Veterans Administration years ago and they told him they were not putting in new hospitals, they were closing them. City Manager informed that he attended a meeting last week where medical representatives were present and said that they do not need Veterans hospitals any more because they are eligible for the same insurance as active members, Tri-Care, and you can get that locally at United Regional. I think we would have a big uphill battle even if we gave them a big cash infusion because it is a very expensive endeavor. Mayor will check into that. Councilor Hatcher reminded everyone to vote today. Councilor Hatcher thanked the staff, City Manager, Mr. Jim Dockery, and all who participated in analyzing the Water Park and presenting Council with the real figures. We did our due diligence and it does appear, on paper, to be able to cash flow itself outside the debt service, and that no property tax dollars will have to be used to make the acquisition. It looks like the purchase is going to proceed. My line of thought is in no way intending that we not have a water park, I love the Water Park and want it to be here. I, as a lot of other citizens, come from the school of thought that I want all the good City services. I am not against quality of 722 Item 10b continued life issues; I am just more fundamentalist in my belief of what the City needs to do in light of what we already have here. We do have some pretty good quality of life here in Wichita Falls and I believe in our City. I believe that the economy will bounce back and I hope and pray that the Water Park will work. Let's go sell some season passes. Councilor Barham wished Councilor Hatcher a belated Happy Birthday. Councilor Barham referred to the Water Park and said that this issue has generated more telephone calls, letter, emails, and personal contacts than any other issues Council has dealt with since the two and a half years he has been on the Council. I am glad the community has taken an interest in this project and letting us know what they think; it helps us. Appreciate all the contacts we received. Councilor Barham thanked the entire Council on the work they did on the Castaway Cove project. We all agonized over it and it was not an easy decision but I think it was the right decision. Councilor Elmore commented that he had an easy decision. Councilor Elmore informed that the Shepherd Air Force Base has a golf course and it is open to the public. Councilor Elmore mentioned a fast pitch softball group wanting to come to Wichita Falls but there was an umpire situation preventing that. We have the facilities here for softball teams and I would like to see something happen with this fast pitch softball group. Councilor Elmore stated that Castaway Cove investors put in $6-8 million into that facility that they are giving to the City and he wanted to say thank you. Councilor Elmore encouraged voters to vote. He asked the City View Independent School District voters to vote yes for the kids; that will provide two additional dollars for every dollar you put into the state program. Councilor Roberts-Burns thanked staff and everyone that helped with Castaway Cover project and she thanked Council for voting for the project since it is in her District. Councilor Roberts-Burns reminded everyone that voting is open until 7 p.m. today. Mayor Lyne received complaints about speeding on Gregg Road and asked for additional patrol especially after school. Mayor Lyne thanked staff and everybody for the Strategic Planning session last week; we accomplished a lot. He looks forward to the balloting, culmination of that. Mayor Lyne provided information on the events occurring in our City this weekend and those that are coming up as well —Veteran's Day Parade and Christmas Magic this weekend; future concerts, Paul Rodriguez, Greater Tuna. He encouraged everyone to take advantage of all the things there are to do in Wichita Falls. Mayor Lyne commented that he gets tired of people telling him that there is nothing to do in Wichita Falls. Aside from opera we have everything here; there is something going on every weekend. On any Saturday and Sunday there is something happening at MPEC. A lot of good things are happening in Wichita Falls and mostly community oriented so they are not costly. City Council adjourned at 12:13 p.m. PASSED AND APPROVED this �11 day of 2009. 723 AYOR —j ATTEST: dia 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, November 3, 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: Reverend Kile Bateman, Pastor Evangel Temple Church (b) Pledge Of Allegiance 3. Presentations (a) Youth Appreciation Day — Optimist Clubs (b) Employee Of The Month — Jennifer Babineaux, Purchasing 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 October 20, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Board of Adjustment, July 15, 2009 (b) Planning & Zoning Commission, August 12, 2009 (c) Planning & Zoning Commission, September 9, 2009 (d) Public Health Board, August 28, 2009 (e) Civil Service Commission, September 18, 2009 City Council Agenda Tuesday, November 3, 2009 Page 2 REGULAR AGENDA 7. (a) Public Hearing To Review The City's Juvenile Curfew Ordinance (b) Ordinance Continuing In Effect Sections 78-56 Through 78-60 Of The Wichita Falls Code Of Ordinances, Which Provide A Juvenile Curfew, And Providing A Penalty Of Up To $500 Upon Violation (Council Bill # 234) Ord. 80-2009 8. Ordinances (a) Ordinance Amending Article VI Of Chapter 26 Of The Code Of Ordinances Of The City Of Wichita Falls To Modify The City's Food Establishment Regulations, And Providing A Penalty Of Up To $2000 Upon Violation (Council Bill # 235) Ord. 81-2009 (b) Ordinance Amending The Code Of Ordinances Of The City Of Wichita Falls To Add Chapter 48, Fees, And Establish Article VI II, Division 1, Therein, Which Will Establish Fees For Food Vendors And Food Establishments (Council Bill # 236) Ord. 82- 2009 (c) Ordinance Amending Chapters 106 and 48 of the Code Of Ordinances Of The City Of Wichita Falls To Modify the City's Industrial Wastewater Discharge Permit Fees (Council Bill # 237) Ord. 83-2009 (d) Ordinance Authorizing The City Manager To Execute All Documents Necessary To Accept A Public Health Emergency Response Grant From The Department Of State Health Services For H1 N1 Influenza Response And Appropriating $246,016 To The Special Revenue Fund For Said Grant (Council Bill # 238) Ord. 84-2009 (e) Ordinance Amending Sections 3700 Through 3750 Of Appendix B Of The Code Of Ordinances Of The City Of Wichita Falls To Modify Zoning Regulations Governing The River Development District, And Providing A Penalty Of Up To $500 Upon Violation (Council Bill # 239) Ord. 85-2009 9. Resolutions (a) Resolution Authorizing The City Manager To Enter Into A Contract With Edwards Risk Management, Inc. For Third Party Administration Of Workers Compensation Program (Council Bill # 240) Res. 148-2009 City Council Agenda Tuesday, November 3, 2009 Page 3 (b) Resolution Authorizing Payment To Insituform Technologies Inc. For Emergency Sanitary Sewer Repairs In The Amount Of $159,039.50 (Council Bill # 241) Res. 149-2009 (c) Resolution Awarding Bid For The Plum Creek Upper Drainage Project (CWF08-442-16) To W.S. Construction Company In An Estimated Total Amount Of $609,255.50 (Council Bill # 242) Res. 150-2009 (d) Resolution Authorizing The City Manager To Execute All Documents Necessary To Offer $ To Brook Avenue Associates, LP, To Purchase the Castaway Cove Water Park, And Endorsing An Application To The 413 Sales Tax Corporation To Fund Such Purchase (Council Bill # 243) Res. 151-2009 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions,ordinances,and other actions concerning any word, phrase,or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street,water pipe, sewer, drainage structure,department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. 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. City Council Agenda Tuesday, November 3, 2009 Page 4 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