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Min 04/21/2009 r 564 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building April 21, 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 - Dorothy Roberts-Burns - Rick Hatcher - Jim Ginnings - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Captain Bill Schafer, of Salvation Army, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor recognized the Decennial Census 2010 and proclaimed full support and participation in the 2010 Censuses and encouraged all residents to participate in order to ensure a full and an accurate count. Mrs. Karen Montgomery accepted the proclamation and informed that today is the kickoff of the 2010 Census and count day will be April 1, 2010. She emphasized the importance of the accuracy of a census count. Item 3b Mayor proclaimed May 4, 2009 as "Leadership Wichita Falls Day in Wichita Falls", and informed that Leadership Wichita Falls was founded in 1979 and is an excellent leadership orientation training program. This is one of 700 programs all over the country and for the past 30 years has trained over 988 graduates locally including four members of the current City Council. Mr. Ralph Dunkelberg accepted the proclamation and expressed appreciation to Mayor Lyne and the City Council for recognizing the 30 years of serving the City of Wichita Falls. The 30th graduation will be May 4 at the Kemp Center for the Arts and everyone is welcome to participate. t 565 Item 4 One citizen signed up to speak but was not present. Item 5 Minutes of the April 7, 2009 City Council Meeting were approved with a correction. Item 6a-6b 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 Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 6a-6b Minutes of the following Commissions were received. (a) Traffic Safety Commission, March 4, 2009 (b) Planning and Zoning Commission, March 11, 2009 Item 7 A public hearing was held concerning the proposed amendment to the Annual Element of the Consolidated Plan to facilitate application to the Homeless Prevention and Rapid Re-Housing Program. Mayor declared the public hearing open. Mr. David Clark informed that as part of the American Recovery and Reinvestment Act of 2009 the federal government is offering a homeless amount of funding for the prevention and assistance for homeless folks. In order to seek this funding several things are occurring, 1) the Consolidated Plan, that the City develops on a five year basis, when it was originally written mentions the homeless and the potential development of a Continuum of Care Program. Since that has been adopted and utilized in more recent times the Continuum of Care operation has been established. The folks involved in that now have the opportunity to seek funding in the amount of $583,425 and they wish to do that and in order to accomplish that, this would be the first of two public hearings with hopefully an endorsement from Council to apply for the funding. Council has been provided a preliminary budget in the agenda packet which gives you an idea of some of the things that are going on. Basically, what this funding would be used for is for some case management folks and then the services that are provided for that first off with the operation of that regard. However, the direct benefit to the homeless involves short-term rental assistance, medium-term rental assistance, utility deposits, moving cost assistance, hotel/motel vouchers, and support services. There is a tracking system program they would be seeking which minimizes any duplication. The idea being to prevent homelessness from happening and to catch things as they are declining rather than when they hit bottom. Mr. Clark informed that this funding will not require a match from the City. The folks doing this are aware of the longer term and plan to apply for funding that would carry the program onward. This funding is for a 3 year term; beyond that there is funding available to continue that effort. The Continuum Program has been headed by Donna Piper, Director of the Housing Authority, with agent in charge of this being Nortex Regional Planning Commission. We have to amend the Annual Element of the Consolidated Plan to facilitate this application and will add some of the things he just mentioned. 566 Item 7 continued City Manager pointed out that on the budget sheet you see the various expenditures and his understanding is that the City of Wichita Falls would pass through the grant in that the City will pass all the funding on through the Nortex Regional Planning Commission to the Homeless Coalition. So the Administrative costs, salary, none of that would stay in our budget. All that will be passed through; although we are going to be doing the grant administration paperwork we would not be withholding funds for that. Mr. Clark concurred stating that the Neighborhood Resources Staff will have involvement in this as will Finance for the administration of the billing programs. That is the City's cost, administrative action. He commented that in January a homeless count was done and there were 177 homeless, but since then it is very likely there are more. Dennis Wilde, Executive Director of Nortex Regional Planning Commission, stated that the Coalition was formed four or five years ago; he is the Treasurer and Donna Pipe is the President. Our mission is to the homeless; catering to their needs and getting them back into society. Over the past two years we have applied for Continuum of Care funding under HUD but were denied. It is a very competitive process at the national level, but we feel the third time is going to be a charm. This fund if it is available to us would help jump start locally in Wichita Falls and from there we hope to get the regular funding. Serving on the Continuum of Care is First Step, Salvation Army, City of Wichita Fall, and faith based professionals serving in that capacity. We are pretty professional in our level of serving in that particular organization. Councilor Smith asked if there would be an effort to seek these folks out and what would this money do at the starting point. Mr. Wilde replied that there would be an outreach effort in regards to working with social services agencies within the community and I think we will have a lot of referrals. Once the announcement of these funds is made public I think you will see a lot of people knocking at our doors. The need is there and the numbers in the homeless count have increased. I feel that through the interaction we will have with other agencies we will get the referrals. Councilor Smith commented that he assumes the school districts will be involved if they know of a child that is in a homeless situation. Mr. Wilde replied that he certainly hopes so. Councilor Ginnings asked if there was a program underway now at a lesser level that you are overseeing. Mr. Wilde replied that the Coalition is in existence but the funding level that we are operating on is a shoestring budget; we have no federal dollars and that is why we applied to HUD the past two years for the Continuum of Care application. There is no program underway with significant financial support. Councilor Ginnings asked what the City's role was and if this was a joint effort? Mr. Wilde stated that he felt it was a joint effort; this is the stimulus package where the City has a direct allotment coming down from the federal government. Councilor Ginnings asked if the program is going to extend throughout the Nortex area or just Wichita Falls. Mr. Wilde replied that this particular round of funding will be targeted for the City of Wichita Falls. It came down as the City of Wichita Falls and will stay in the City limits of Wichita Falls. We hope into the future funding on the regular Continuum of Care grant applications to expand this to the rest of the region. Councilor Ginnings asked if the administrative costs reflect start up or is this preliminary budget a typical budget on the out years assuming the cliental was about the same. Mr. Wilde informed that the administrative budget is pretty much set from the grant application with a 5% cap on the budget. That is the reflection that the feds want to see the dollars to go to program services. This is a typical program we administer; we do a lot in case management for the elderly and we are involved in the work force area; I think we have a pretty good feel for case management. I feel that the start up costs are going to be minimal. Councilor Ginnings asked if this was his proposed budget or was it something sent down to you. Mr. Wilde replied that this budget is what we submitted the past two years with some minor modifications. Councilor Ginnings stated that he is hearing that there are no start up costs and you have the staff to administer it. Councilor Ginnings commented that the budget was top heavy in the areas of salary, supplies office, and paying benefits, approximately $413,000, and only $170,000 goes to provide a roof over someone's head. He asked what if anything should be 567 Item 7 continued done about that. Mr. Wilde stated that a lot of that has to do with case management; dealing one on one with the homeless clients, trying to get them engaged into other services within the community, as well as us providing the financial assistance. A lot of the grant service dollars are pretty much targeted in the announcement from HUD, and one area is financial assistance. The whole point behind this is to get them into some type of sheltered housing or housing arrangement as quickly as possible. Councilor Ginnings asked if Council was going to vote on this. Mr. Clark informed that they will, later. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 26-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Section 14-209, "Required Permission For a Registered Cat Colony," of the Wichita Falls Code of Ordinances. Moved by Councilor Roberts-Burns that Ordinance No. 26-2009 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 8b ORDINANCE NO. 27-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Making An Appropriation To The Special Revenue Fund For Ryan White Part B Grant Funding In The Amount Of $217,950 To Be Received From Tarrant County, Texas, And Authorizing The City Manager To Execute A Contract Accepting Same. Moved by Councilor Elmore that Ordinance No. 27-2009 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 8c ORDINANCE NO. 28-2009 Ordinance Making An Appropriation In The Sanitation Fund In The Amount Of $670,512 To Budget For The Purchase Of Four Additional Refuse Collection Vehicles. Moved by Councilor Barham that Ordinance No.28-2009 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 568 Item 9a RESOLUTION NO. 62-2009 Resolution Authorizing The Purchase Of Eight Refuse Truck Cabs & Chassis From Bruckner's Mack In The Amount Of $836,536, Six Service Bodies from Heil of Texas via The BuyBoard Purchasing Cooperative In The Amount Of $564,345, and Two Service Bodies From Equipment Southwest, Inc. via The BuyBoard Purchasing Cooperative In The Amount Of$147,636. Moved by Councilor Roberts-Burns that Resolution No. 62-2009 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. 63-2009 Resolution Authorizing The City Manager To Determine The Methods Of Purchasing That Provides The Best Value For The Municipality And Electing To Utilize The Methods Of Purchasing Authorized Pursuant To Texas Local Government Code Chapters 252 And 277. Moved by Councilor Barham that Resolution No. 63-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None Item 9c RESOLUTION NO. 64-2009 Resolution Authorizing The City Manager To Execute An Encroachment Agreement To Allow An Encroachment Into The Alley Right-Of-Way Between 710 8th Street (a/k/a 728 Indiana) And 712 8th Street. Moved by Councilor Hatcher that Resolution No. 64-2009 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 9d RESOLUTION NO. 65-2009 Resolution Awarding Bid For The Purchase Of Four 35-Foot Low-Floor Buses To Gillig Corporation In The Amount Of$1,338,144. Moved by Councilor Barham that Resolution No. 65-2009 be passed. 1 r 569 Item 9d continued 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 9e RESOLUTION NO. 66-2009 Resolution Authorizing The City Manager To Execute A Professional Services Agreement With URS Corporation For Consulting Services To Develop A Master Plan For Wichita Falls Municipal Airport, In The Amount Of $346,741, With 95% Of Said Amount To Be Paid By The Federal Aviation Administration. Moved by Councilor Roberts-Burns that Resolution No. 66-2009 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 10a(1) City Clerk provided detailed information on the May 9, 2009 General Special Municipal Election in English and in Spanish. Item 10a(2) Pene Bridges, Convention Visitors Bureau Director, provided a written report to Council and gave a brief summary on the work being done by Convention Visitor's Bureau to promote our City and bring more tourism here. Councilor Barham suggested utilizing Channel 11 more to advertise what is going on in the community. Also, to provide free transportation next year to the hockey games to and from Sheppard Air Force Base. City Manager said that we did that in the past and there were only a few, but we will gear that up again. Item 12b Councilor Smith informed that they had received a letter from Family Practice Residency making us aware that because of funding challenges their program may be in danger of going away. He encouraged everyone to support this program here in Wichita Falls. It provides a great service to a large population of Wichita Falls. Once it is gone it will not be back; hopefully there are resources out there to keep this program alive. Councilor Smith informed that our transportation group is starting a "Fly Wichita Falls" campaign to try to make people aware of the air travel options from Wichita Falls to anywhere in the world. Watch for that and if you are going to fly, check Wichita Falls. A lot of people are missing options by not flying out of Wichita Falls. Councilor Smith informed that the stamped brick area at 10th Street and Hayes Street is complete; it has been redone by the City and it is a smooth area that looks like the old brick streets but is actually concrete stamped with brick. 7 , 570 Item 12b continued The intersection of Harrison and Speedway has also been redone. He encouraged everyone to go out there and see this wonderful piece of work. Councilor Smith informed that"Downtown Proud" signage is going up downtown and all over Wichita Falls that point out different attractions, museums, fine arts facilities, and a variety of things to do in Wichita Falls. We need to get people who are just passing through to be aware of what is in Wichita Falls. They are wonderful signs. Take a drive downtown and see these signs. Our City sign shop made those and put them up. Councilor Smith informed that the rescheduled Curtis Jenny Air Demonstration will be May 2 beginning at 11:00 a.m. then at 11:30 there will be a Branding Iron meal; tickets are $40. They will have a P-51 Fighter from World War II., several acrobatic planes, in particular a Russian Yak acrobatic plane. There will also be other World War II type war birds; the Curtis Jenny will fly that day, weather permitting. If you have never seen the Curtis Jenny fly this is a wonderful opportunity. The Curtis Jenny hangar has been refurbished and there are many World War I historical artifacts on display including a 1917 staff car. It is a wonder to see. Councilor Ginnings stated that he was overwhelmed with the CVB presentation and thanked Pene Bridges. Councilor Ginnings referred to the Family Residency Program and stated that there is some legislation that was passed for cities that have a four year university and there may be a population requirement; but we qualify where 4A funds can now be used for scholarships. He asked the City Manager to look into building a bridge between that and the intern program. We need doctors because there is a shortage and we want to maintain our medical presence here adequately. Councilor Ginnings asked Mrs. Cynthia Laney to make brief comments about the downtown curfew and those situations as to how that is going along. Mrs. Laney reported that Planning and Zoning Commission had not recommended the ordinance that was requested by the Downtown Board of Directors. The Commission's concern was that they were afraid it would inhibit and restrict future businesses to come to downtown. We, as a board, are still in favor of the proposed ordinance and were disappointed with some of the thoughts of some of the Planning and Zoning Commission members. Our purpose for the ordinance was for protection of our present downtown property owners as well as residents living downtown. The whole precipitating situation was that people were coming to downtown at 4:00 in the morning leaving messes, and property owners were having to pick up and clean up the sidewalks. There were also some issues with noise, especially for the Holt Hotel residents but also with those at LaSalle Crossing. We have visited with the Police Chief, the Mayor, and others. She informed that there have been some closures and one of the after hours clubs was closed because of occupancy and Code Enforcement was able to go in and close it. We are still having a couple of issues with this and I know the law enforcement has been able to come down there a little bit more but there are still a few issues. Councilor Ginnings commented that Mrs. Laney mentioned several different departments or agencies and possibly the solution is to continue to work with a multi department/agency approach, Law Enforcement ,Code Enforcement, Health, TABC, and maybe take a look later on. I see a large degree of cooperation there; I believe we have a process that may be very helpful to you. Stay in close communication with each other. Mrs. Laney stated that the only problem with TABC regarding the after hour clubs is that they are not licensed so TABC does not have any control over some of that but we are tying to cooperate with everyone and the City has stepped up and answered some of these questions. Councilor Elmore asked what kind of licensing was there for these clubs. City Attorney informed that BYOB establishments are not required to be licensed because they do not sell alcohol. Councilor Elmore said that it seems one of the things he would like to see is an increased police presence. 571 Item 12b continued Councilor Ginnings congratulated Chief Bachman, his men, the County and the feds for the multiple arrests. He asked for Chief Bachman's comments and outlook on this. Chief Bachman commented that a lot of people get frustrated because they think their government agencies are not working on problems and we worked on this for a year and a half. It takes quite some time although the general public does not see what we are doing. Sometimes we just have to wait until the information comes to you. I expect that in the future we will have more arrests. It was nice to have the FBI Safe Streets work with us. We did have a Wichita Falls FBI work with us on this. It was a cooperative effort. All the other agencies assisted us with the arrest because we had nine locations of arrests at one time. We had 24 we arrested but there may be some arrests that will come from those arrests. I think this took a pretty big dent in the PLM organization and we plan to do more if they want to continue this. Everyone did an outstanding job; it was very difficult with long hours and a lot of work to put this together and to prosecute. Fourteen are going to serve ten years in prison. Councilor Ginnings stated that the Council was aware about Mr. John Burrus initiative on the Falls Ride Program for the Boys and Girls Club members and it is good to see a proactive effort there. The underlying thing there is to grow up riders for our public transportation, and I would like to see it done but to consider a five cent charge. The reason being that as we are growing up our kids to be public transportation participants and customers, and that it not be considered an entitlement, that there is a cost to life so charge a nickel, it is not much. Councilor Ginnings referred to the Planning and Zoning minutes and a business on Kemp Street mentioned in the minutes that put their merchandise out on the front yard during hours then put it back h in after hours, which is a violation. The definition of storage does not fit his definition of storage. He asked if it would be possible to redefine the word storage and resolve the problem that Planning & Zoning was struggling with on outdoor storage and what had to be screened in and what did not. He asked that thought be given to this - deal with the word storage and its definition. Councilor Ginnings asked if there was a problem with placing some temporary housing on a Lake Arrowhead lot where the house has been damaged by the wild fire during the time it is being repaired with the expectation that after it is repaired that it be removed. Mr. Clark stated that the property on Lake Arrowhead is subject to lease restrictions not to City ordinance restrictions. I do not know the status of a particular issue like that and I would have to read the lease to determine that, but if Council wants to facilitate that sort of thing it could be accomplished. City Manager stated that we would look at the lease and see what the pros and cons are to allow that on a temporary basis with a finite period of time. We will look at that this week to see what the options are. Councilor Hatcher complimented Pene Bridges and her staff for the work they are doing; marketing is critical and you are on top of that. That is going to show some good results, I think. Councilor Hatcher stated that he is very interested in the downtown situation and how it will evolve. I struggle with the concept of limiting the hours of a legitimate law abiding business but at the same time residents do have rights and need to sleep. I will remain very interested in that situation; it is a tough call to make. Council Hatcher referred to the day when the runway lights were not working on the flight in from Dallas and the plane flew around a little while and went back to Dallas, and asked why it could it not be diverted to Kickapoo. Mr. John Burrus informed that the runway is not long enough and Kickapoo does not have a 139 certificate, which is significant for commercial aircraft. There are minimum requirements that have to be established primarily in the fire fighting and rescue operation. This was a fluke deal caused by a faulty cable and we had a failure on the whole airfield. 572 Item 12b continued Councilor Hatcher mentioned stimulus funds and encouraged Staff to be very careful of strings attached; what may look like a free deal may not and probably is not a free deal. I know we are on top of that. Councilor Barham reminded citizens that Thursday, April 23 at 10:30 a.m. we will have the grand opening of Maplewood. Kudos to Public Works for getting that project done on schedule. It is a nice roadway and will benefit the businesses and the people who live in that area. Councilor Barham echoed Councilor Smith's comments on the stamped concrete work done on 10th and Hayes Streets and Harrison and Speedway. It is a nice piece of work out there. If you didn't know it was stamped concrete by driving over it and seeing it you would think it was brick. Councilor Barham referred to Councilor Ginnings comments on the PLM arrests, I am familiar and know the amount of work involved, coming up with all those warrants, long hours, surveillance, and the paperwork required is tremendous. Kudos to your guys, Chief Bachman, and the cooperation with the FBI in getting that job; it was a job well done. Getting 14 people off the street, and when you get those types of folks off the streets, and the influence they have among their peers and younger people in that environment just speaks to the dedication of your guys. Councilor Barham referred to the issue where the road was cut in from the east side of Holliday Creek and south of Southwest Parkway. It is probably an illegal curb cut into Southwest Parkway. I don't know if the accident that occurred there a couple of days ago involving a motorcycle operator was a result of that road but I know there was a U-turn made there and a citizen was seriously injured as a result of having to lay his motorcycle down or run into the vehicle.. If it came out of that roadway I am even more concerned because I think that road surface needs to be taken out and TXDOT needs to take the ball and run with it; it is their highway and their issue as far as I am concerned. He noticed that Councilor Ginnings put on Comcate that the old pawnshop there is closed and the building is now vacant. Code Enforcement needs to look into that. He stated that he was aware that it has been assigned. We really need to get TXDOT to correct that situation before someone gets killed because of an accident out there with those students coming across the road and immediately making a U-turn in front of the fire station. Councilor Elmore stated that the Sonic on Loop 11 is very difficult to get in and out of especially if you want to go to the south. As you exit, there is a turn lane off Maurine Street that has barricades so you cannot make a turn going back to the left. Please look into that. Councilor Elmore received several calls about Time Warner and their monopoly in Wichita Falls; we need some competition. When does that contract end? City Manager replied that it ends in 2010 so this summer we will have to gear up and start working on that with Time Warner and others. Councilor Elmore stated that people have gone to the cable company and they have expressed a complete disdain as far as what their concerns are, and would like for us to look into that. Councilor Elmore mentioned the parking lot going in at John Tower Elementary and said that a citizen who lives on Hooper Street across from the School was very complementary of City Engineer and the people who had been going out there looking at that situation. The school districts and city boundaries are completely at odds with each other and we wind up with a portion of Wichita Falls area ending up in the Burkburnett School District. That has created some confusion, some conflict and unhappiness in that particular area because the Burkburnett School District folks that have been contacted by the Wichita Falls residents and they have indicated a complete disregard. That concerns me a lot. As far as the parking lot is concerned the man is saying that rain water comes off that area down his drive way now and once that is paved, his property is going to flood him every time. I would like to be kept in the loop on that. Another concern is the lights as to when they are going to be on and the amount of light involved. Councilor Elmore referred to Councilor Smith's suggestion about historic scenes on buses and suggested scenes on a wall downtown if not on the buses. Councilor Smith commented that that is a mural and we need to work on that. 573 Item 12b continued Councilor Elmore referred to "Museum Day in Wichita Falls" and stated that it is going to be an exciting time and there are a lot of things going on. A lot of information is going to be disseminated to the public about this event. It will be an outstanding event. Councilor Elmore stated that Maplewood looks great and people out there are excited about it, as well as City staff. Councilor Elmore commented that hopefully we will have the Zephyr. He spoke to the head of the Railroad Museum and they are pursuing that with due diligence. I am very excited about that. Councilor Elmore gave kudos to the Fire Department on Fire Station No. 8. It turned out really nice and is a real benefit to the City and the guys out there are very pleased with it and excited about it. Councilor Elmore informed that they had final dispensation of funds from the Mane Event; those guys did an absolutely fantastic job. He encouraged everyone to purchase a horse so we could have them all over town. This is a benefit to the City and a major art event for the City. Councilor Roberts-Burns complimented Pene Bridges for the great CVB report; it was outstanding. Councilor Roberts-Burns was glad that M.T.'s Cafe will be able to continue to be downtown; we do not need to lose another business from here. Councilor Roberts-Burns stated that the ditch between Woods and Tulsa Streets and between Tulsa and Flood Streets is full of weeds and needs to be cleaned out. Mayor Lyne stated that Kickapoo would be a great place to land the planes and they could land there but their company probably would not be too happy about that with the restrictions they have and the AFR 39 problem. That is why we built, widened, and lengthened that so we could handle a lot more things and we do, medium size jets and planes. Unfortunately, when you start serving people in a commercial sense that restricts that out there. Mayor Lyne congratulated Major General Richard Deveraux for his promotion from Brigadier General. There have been three generals who have come through Sheppard Air Force Base who were recently promoted, Major General Whitmore was promoted from Brigadier General, and Major General Kimberly A. Siniscalchi was promoted from Colonel. These three Major Generals were promoted in the last three years here. That says good things about them and the quality of leadership we have at Sheppard Air Force Base, and the day in and day out impact they have on our community. They are two great men and one great woman. We wish them well. Mayor Lyne informed that Old Dominion Freight Lines will have a ribbon cutting and lunch ceremony today at our Business Park and we thank them for that investment in our community. Hopefully, this is one of many to come. Mayor Lyne referred to the stimulus funds and informed that they do not create jobs. Look at the things we have on board, the buses are not creating jobs here; it may help the bus company up there but is not doing anything here. Also, the trail system, our engineers and TXDOT's engineers are not adding anybody to do that work. We have concrete guys who will get work and some sales but no additional jobs. When you transfer money from one government entity to another, I would not want the City Manager to hire people just because you have stimulus funds coming in temporarily. There are a lot of funds out there and we are going out for our share and we are going to fight for what we can. City Manager informed that another piece of the stimulus funding that we will receive is close to $1 million for an energy efficiency grant and that will have a payback to the citizens of Wichita Falls. We propose to use that money to replace a lot of our street lighting, illumination, with LED (Light Emitting Diode) technology which is very energy efficient; it uses 50%-60% less electricity. We will see a direct payback from that for many years to come. We are seeing funding coming from the Stimulus Act. We may not have initially voted for it if we were sitting in 574 Item 12b continued Congress but now that it is passed we ought to get as much as we can to stay in Wichita Falls or it is going to go elsewhere. Mr. Dave Clark mentioned that we also talked about another stimulus package which is a weatherization program and to administer that program the City would have to hire staff for about a year. Mayor Lyne commented that those are the types of things we have to be aware of and know how it fits into our system long term The LED is a great thing. I talked to John Burrus six months ago about his discussions with TXU and they were not too excited about us putting in LED lights since they do would sell as much electricity. Mayor Lyne stated that he was asked about the stability of Wichita Falls as a city. Financially we are an extremely strong City because of the management of the City Manager Darron Leiker and the Finance Director Jim Dockery, and the staff. We did not over extend ourselves and we could have done that and had a lot of neat stuff but we didn't and because of that we are in good shape and are going to get through this period of time pretty well compared to a lot of cities. He thanked the City Manager, Finance Director, and staff for the work they did of keeping us in line, from a financial standpoint, as well as the Council because that is our job to say Yea or Nay on a lot of things and sometimes that is not easy. City Council adjourned at 10:55 a.m. PASSED AND APPROVED this -�— day of 2009. \'A' Z4.1 MAYOR ATTEST: ydia Ozuna ity Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, April 21, 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: Captain Bill Schafer Salvation Army (b) Pledge Of Allegiance 3. (a) Proclamation — Planning for Census 2010 (b) Proclamation — Leadership Wichita Falls 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 April 7, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Traffic Safety Commission, March 4, 2009 (b) Planning & Zoning Commission, March 11 , 2009 REGULAR AGENDA 7. A Public Hearing To Receive Public Comments Concerning The Proposed Amendment To The Annual Element Of The Consolidated Plan To Facilitate Application To The Homeless Prevention And Rapid Re-Housing Program City Council Agenda Tuesday, April 21, 2009 Page 2 8. Ordinances (a) Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Section 14-209, "Required Permission For a Registered Cat Colony," of the Wichita Falls Code of Ordinances (Council Bill # 91) (b) Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Making An Appropriation To The Special Revenue Fund For Ryan White Part B Grant Funding In The Amount Of $217,950 To be Received From Tarrant County, Texas, And Authorizing The City Manager To Execute A Contract Accepting Same (Council Bill # 92) (c) Ordinance Making An Appropriation In The Sanitation Fund In The Amount Of $670,512 To Budget For The Purchase Of Four Additional Refuse Collection Vehicles (Council Bill # 93) 9. Resolutions (a) Resolution Authorizing The Purchase Of Eight Refuse Truck Cabs & Chassis From Bruckner's Mack In The Amount Of $836,536, Six Service Bodies from Heil of Texas via The BuyBoard Purchasing Cooperative In The Amount Of $564,345, and Two Service Bodies From Equipment Southwest, Inc. via The BuyBoard Purchasing Cooperative In The Amount Of $147,636 (Council Bill # 94) (b) Resolution Authorizing The City Manager To Determine The Methods Of Purchasing That Provides The Best Value For The Municipality And Electing To Utilize The Methods Of Purchasing Authorized Pursuant To Texas Local Government Code Chapters 252 And 277 (Council Bill # 95) (c) Resolution Authorizing The City Manager To Execute An Encroachment Agreement To Allow An Encroachment Into The Alley Right-Of-Way Between 710 8th Street (a/k/a 728 Indiana) And 712 8th Street (Council Bill # 96) (d) Resolution Awarding Bid For The Purchase Of Four 35-Foot Low-Floor Buses To Gillig Corporation In The Amount Of $1 ,338,144 (Council Bill # 97) (e) Resolution Authorizing The City Manager To Execute A Professional Services Agreement With URS Corporation For Consulting Services To Develop A Master Plan For Wichita Falls Municipal Airport, In The Amount Of $346,741, With 95% Of Said Amount To Be Paid By The Federal Aviation Administration (Council Bill #98) City Council Agenda Tuesday, April 21, 2009 Page 3 10. Other Council Matters (a) Staff Council Discussion (1) Election Information (2) CVB Report (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 potential grant or award, administrative policy, substandard building, police or fire response, commendation, celebration, local organization, code enforcement action, future meeting time or item, zoning category, requested staff report, construction activity, penal ordinance, development regulation,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. This agenda has been reviewed and approved by the City Attorney's office, and the presence of any subject 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 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