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Min 03/17/2009 547 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building March 17, 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 Charles Elmore - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Rick Hatcher - Jim Ginnings - Dorothy Roberts-Burns - Absent Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Mayor Lanham Lyne gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Mayor Lyne informed that Councilor Roberts-Burns was out due to illness. Item 3 Mayor proclaimed March 19 as "Absolutely Incredible Kid Day in Wichita Falls". Mayor encouraged everyone to tell our kids what they mean to us and all children in our lives; write a letter of encouragement to them and other children. This event is sponsored by North Texas Council of Campfire, USA. Item 4 One person, Bruce Copeland, submitted a Public Comment Card but was not in attendance. Item 5a-5b Minutes of the following Council meetings were approved with one correction to the March 3, 2009 minutes. 548 Item 5a-5b continued ' (a) March 3, 2009 City Council Meeting (b) March 9, 2009 City Council Meeting Item 6-7e City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Smith stated that the Health Board minutes of January 13, 2009 (Item 7c) were incorrect. He informed that the minutes reflected he was absent, however he was present. Mayor stated that those minutes would have to be corrected at the next Health Board meeting. Moved by Councilor Smith that the Consent Agenda be approved with the exception of Item 7c. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings, and Elmore Nays: None Item 6 RESOLUTION NO. 47-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF AN ION CHROMATOGRAPH, MODEL IC3000 FROM DIONEX IN THE AMOUNT OF $79,208.30; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Items 7a-7e Minutes of the following Boards &Commissions were approved. (a) WF Economic Development Corporation, January 9, 2009 (b) Landmark Commission, January 13, 2009 (c) WF-Wichita Co. Public Health Board, January 23, 2009 (d) Park Board, January 29, 2009 (e) Traffic Safety Commission, February 4, 2009 Item 8a RESOLUTION NO. 48-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A CONTRACT FOR CONSTRUCTION OF THE WICHITA FALLS POLICE DEPARTMENT FIRING RANGE WITH ELECTRA CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $3,146,833.62; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 48-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings, and Elmore Nays: None 549 Item 8b RESOLUTION NO. 49-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ENGINEERING SERVICES TO COMPLETE DESIGN OF THE TRAIL EXTENSION FROM HAMILTON PARK TO SCOTT STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 49-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings and Elmore Nays: None Item 8c RESOLUTION NO. 50-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE CITY COUNCIL'S 2009 STRATEGIC PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Smith that Resolution No. 40-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings and Elmore Nays: None Item 8d RESOLUTION NO. 51-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN AMENDMENT TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION 2008-2009 BUDGET IN THE AMOUNT OF $1,802 FOR THE REGIONAL MARKETING TASKFORCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 51-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings and Elmore Nays: None 550 Item 8e ' RESOLUTION NO. 52-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING A BID FOR A FIVE-YEAR CAPITAL LEASE TO SUNTRUST EQUIPMENT FINANCE & LEASING CORPORATION FOR A FIRE LADDER TRUCK; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 52-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings and Elmore Nays: None Item 8f RESOLUTION NO. 53-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING A BID TO BREEGLE BUILDING PRODUCTS FOR FURNISHING AND INSTALLING CARPET TILES, BROADLOOM CARPET, CERAMIC TILES AND RESILIENT WALL BOARD AT THE WICHITA FALLS PUBLIC LIBRARY, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 53-2009 be passed. Motion seconded by Councilor Barham. Mayor stated that he had met with the City Manager and Finance Director regarding this item and although there was some confusion in the bidding process, I feel that Breegle's did everything they were supposed to do in this process and had no reason to think there was going to be something different than they expected. Tandus US, Inc., attempted to do everything but they sent their second sample after the ten days. Mayor recommended the bid be awarded to Breegle Building Products. Councilor Hatcher clarified that his motion was to award the bid to Breegle Building Products. Councilor Barham, having made the second, concurred. Motion as clarified carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, Ginnings and Elmore Nays: None Item 9a There were no Staff reports. Item 9b Councilor Barham congratulated Jan Banta for being nominated Wichitan of the Year by the Board of Commerce and Industry at their luncheon. She is very deserving of this award; she has done so much for our community. Councilor Barham said that a Colonial Park resident called him about the Colonial Park Project and said that when this project began he was told that if they tore up his yard they would put it back in the same condition, for instance if • 551 Item 9b continued they tore up dirt they would put sod back in; he asked if that was the case. Mr. Schreiber, Public Works Director, replied that it was not the case; the project of reseeding and resodding was not included in the project because there are too many varieties of grass and to spec that out and expect the contractor to put those different varieties of grass back in was something we decided not to do. City Manager added that this is all out in the utility easement, not really in the common yard. If someone plants flowers or does something in the utility easement that is a risk. When we tear it up we will do our best to level it and not leave big chunks of rock or concrete but to put it back in the same condition, we really do not do that. Councilor Hatcher commented that it is a sad thing for that home owner because he does not have the option to say that he will not mow that any more; it is unfortunate, but it is true that there is an easement that gets up into everyone's yards. City Manager commented that they will get better flood control because of the project. Councilor Hatcher informed the residents on Tobago Street that their alley is coming up soon; he has confirmed that. Councilor Ginnings asked the Boy Scout in attendance to introduce himself. The Boy Scout stated that his name is Harmon Hunter and he is in Scout Troop 22, and he informed that he is working on his Community Badge; his rank is First Class and he is working on the Star. Mayor welcomed him and his Troop Leader to the Council meeting. Councilor Ginnings thanked Danny Ahern for all the expense he went to again this year for the St. Patrick's Day Celebration. Some of that music sounded like country & western; that band was awesome. Councilor Ginnings commented that his wife remembered that one of the instrumentalists with Michael Martin Murphy said his violinist goes to Ireland periodically because the roots of country music are found over there. The violinist goes to Ireland to study and listen and does things to keep him on track. It has to cost a lot of money to bring those fellows over here from Ireland to be presented to the public for a small cost of a ticket. Danny Ahern is a great guy; he came from Ireland and is a naturalized citizen and made his way. He has done some things to help the downtown area and that is just great. Councilor Ginnings mentioned that some facilities that have been built here in connection with a business and offered employment and been very beneficial, but have left, for example the General Mills building, Saint Gobain Vetrotex, Certainteed. You just cannot sell that structure so what do you do with it? You can sell the land but not the structure. When a business moves away and leaves the structure it may become a place that is vandalized or is an "attractive nuisance"; it becomes a danger and a threat. We are at a loss as to how to deal with it effectively. He would like to schedule a time with the City Attorney, City Manager, Community Development Director, and Council representatives to see what we can do to create polices that would be forward looking that would not leave us so unable to deal with situations like that. Some people do not care about our ordinances that deal with some of those situations. The problems continue to exist and we need some forward looking policy to deal with something like that. Councilor Ginnings stated that in the area where he lives, Taft Boulevard, they are having problems with people running into the roll out carts. He explained that Taft does not have curbs and that could be part of the problem. Three of those carts have been completely destroyed within a week. He asked if it would be legal to build a small guard around the cart, realizing it would almost be in the City right of way. He added that those carts can be put out only during certain hours by City requirement. City Manager replied that staff will look at that concern; there may be several options; however putting bollards around it may not be the answer; we would not want anyone hitting those. The best answer may be to budget for curb and gutter for that section of the street; which has been on our above current for several years to widen that to urban standard with curb and gutter. 552 Item 9b continued Councilor Ginnings referred to guardrails that you put on bridge approaches and asked if they were legal to put along the street like Taft in certain sections. City Manager replied that it would be okay if we do it and is done to Traffic Code Regulations. We will look at that. Councilor Ginnings explained that down the street from where he lives new houses have been built and the yards go right up to the street, no curb, and people are driving across there. That is dangerous if children are out there playing; there is also a lot of speeding; if we had that type of guardrail no one could do that. He clarified that this does not pertain to the roll out carts. Councilor Smith reminded and invited everyone to the April 4 air demonstration at Kickapoo Downtown Air Park. The Museum of North Texas History is sponsoring a fund raiser and there will be several types of"war birds" on demonstration, as well as the Curtis Jenny will fly that day. Tickets are $40 and the Branding Iron will be catering. Councilor Smith reviewed some things that he was interested in regarding the Strategic Planning process. Flood control is still on our radar scope and he was very interested in seeing that continue. He commented that many of these things that did not make the actual Strategic Plan list are ongoing and have been for some years. He is interested in improving the downtown with the business improve district a downtown transit center, new airport terminal building, street reconstruction, overall City beautification, completion of the trail system, and a branch library. Mayor Lyne stated that in our town hall meetings the green refuse carts keep coming up and he would like to discuss the fee and options with City Manager and Public Works Director. Mayor Lyne referred to the carts being destroyed and stated that he had noticed that too since he drives out that way. He would like to think that it is people not paying attention by his guess is that young people that have had a few drinks are making this a game to smash the carts, and the same thing is probably true on driving through those yards. Taft is an issue there and is becoming a cross street between Southwest Parkway to Old Lake Road and it is getting pretty well traveled and we are going to have to look at that. It is becoming a more heavily traveled street where it didn't use to be. I am afraid that the damage that is being done is probably vandalism and intentional. Mayor Lyne referred to Councilor Ginnings' ideas on the unoccupied structures and what happens to them and stated that he and Community Development Director Dave Clark will put together something, a committee or otherwise. The same thing on moving toward a new city hall and he wants Councilor Elmore to be involved in that. Mayor Lyne informed that we have a new Mayor's Journal keying up tomorrow on public safety talking about weather. We have Police Chief Bachman, Fire Chief Foster, and Emergency Management Coordinator John Henderson talking about spring weather and things that are going on. Mayor gave a reminder that we want people to sign up for the Code Red Weather Warning; it is free and you do not have to have a computer to be listed. What this does is to allow you instant notice on severe weather that is happening. It is the fastest you will get notified and it is very effective. Along with that, you want to make sure you have a plan for your family on where to meet up with them when something happens. Have an emergency kit. All this plus more is mentioned on the Journal and is on the Emergency Management portion of our website. Mayor Lyne reminded everyone that we are on low lake levels and you can keep up on those conditions on our website. This information as well as water restrictions and watering tips are on our City website. City Council adjourned at 10:05 a.m. • J 553 PASSED AND APPROVED this day of 2009. MAYOR ATTEST: ydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, March 17, 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. Proclamation — Absolutely Incredible Kid Day — Campfire 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. (a) Approval Of Minutes Of March 3, 2009 Regular Meeting Of The Mayor And City Council. (b) Approval Of Minutes Of March 9, 2009 Special Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolution Authorizing The Purchase Of An Ic3000 Ion Chromatograph From Dionex, A Best Value, In The Amount Of $79,208.30 (Council Bill # 73) 7. Receive Minutes (a) WF Economic Development Corporation, January 9, 2009 (b) Landmark Commission, January 13, 2009 (c) WF-Wichita Co. Public Health Board, January 23, 2009 City Council Agenda Tuesday, March 17, 2009 Page 2 (d) Park Board, January 29, 2009 (e) Traffic Safety Commission, February 4, 2009 REGULAR AGENDA 8. Resolutions (a) Resolution Approving A Contract For Construction Of The Wichita Falls Police Department Firing Range With Electra Construction Company, Inc., In The Amount Of $3,146,833.62 (Council Bill # 74) (b) Resolution Authorizing The City Manager To Sign An Advanced Funding Agreement With The Texas Department of Transportation For Engineering Services To Complete Design Of The Trail Extension From Hamilton Park To Scott Street (Council Bill # 75) (c) Resolution Approving The City Council's 2009 Strategic Plan (Council Bill # 76) (d) Resolution Approving An Amendment To The Wichita Falls Economic Development Corporation 2008-2009 Budget In The Amount Of $1,802 For The Regional Marketing Taskforce (Council Bill # 77) (e) Resolution Awarding A Bid For A Five-Year Capital Lease To SunTrust Equipment Finance & Leasing Corporation For A Fire Ladder Truck (Council Bill # 78) (f) Resolution Rejecting Bids For The Library Flooring Project (Council Bill # 79) 9. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Adjourn City Council Agenda Tuesday, March 17, 2009 Page 3 Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. 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