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Min 05/05/2009 r 575 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 05, 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 Father John R. Skeldon, Pastor of Our Lady Guadalupe Catholic Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor proclaimed the month of May 2009 as "Motor Cycle Safety & Awareness Month" in Wichita Falls. Tracy Hennan accepted the proclamation. Item 3b Mayor proclaimed May 9, 2009 as "Letter Carrier's Food Drive Day in Wichita Falls": for the Area Food Bank. Mayor encouraged all citizens to feed those in need throughout the year and participate in this food drive. Item 3c Mayor proclaimed May 9-17, 2009 as "National Tourism Week in Wichita Falls". Pene Bridges, Convention &Visitors Bureau Director, and her staff accepted the proclamation. 576 Item 3d Mayor proclaimed May 6-12, 2009 as "National Nurses Week in Wichita Falls". Dr. Karen Polvado, Wilson School of Nursing, Midwestern State University and several other nurses accepted the proclamation. Item 3e Mayor recognized Mrs. Gwen Mills, Animal Control Officer in the Health Department, as Employee of the Month for May 2009. Mayor presented Mrs. Mills with a plaque, a check, and restaurant certificates. Councilor Barham recognized five graduates of the 2009 Leadership Wichita Falls who were present. Item 4 Kay Rios, 694 W. South Business Hwy. 287N, spoke about the White Sanitarium located at 500 Olen/2200 California. She stated that the White Sanitarium was built in 1925 for mental disorders. The building is solid concrete and it has been remodeled; it is zoned Residential Mixed Use (RMU). She asked that Brian Maurice Fuller explain their request. Brian Fuller, 1920 Pawhuska Drive, stated that he owns several properties in the City and the Parole Board of Wichita Falls approached him about setting up a group home for transitional living for parolees returning to Wichita Falls; currently there are five living in Wichita Falls. He was informed that in order to set up a group home they would have to rezone that location from Residential Mixed Use (RMU)to General Commercial. He does not understand why because group homes, boarding houses and that type of facilities are allowed under RMU. This is not a halfway house but a group home for transitional living. The Parole Board has offered to assist to help keep parolees in line by monitoring and supervising them. He questioned whether they needed to rezone and if so what they need to do to rezone. Mayor stated that Community Development and Legal staff will get together and we will call you to let you know what needs to be done. Councilor Elmore commented that he has been in contact with Mrs. Rios for some time and he feels the location is ideal and the building is virtually perfect for this particular purpose; however the zoning folks say it can not be zoned Light Commercial because it would be considered spot zoning and that would be illegal. Residential Mixed Use (RMU) specifically stipulates that it is okay to have something similar to this; I do not know why we have a restriction on this property because it seems to me it is the best and highest use for this thing. I would like for us to assist in this situation as much as we can. Councilor Ginnings wanted to know what the difference was between a halfway house and transitional living. Mr. Fuller explained that at halfway houses the prisoners come directly from prison. He informed that there were not any halfway houses in Wichita Falls but there are many throughout Texas. At halfway houses, the parolees live there until they can go out into the community. There is a waiting list from past Wichita Falls residents who want to come back here from the halfway houses. The Parole Board contacted me because they knew I had several properties. With the group homes the parolees have a place to go where they are still monitored and have a curfew and parole officers are involved daily with them. They make the transition from the prison to a halfway house to a group home where they originally resided. The Parole Board insists they return to the area where they originally resided. Councilor Smith stated that this building does have historical significance and we need to look at our history. How many would this facility take? Mr. Fuller replied that it would be around twenty men, but there is a need for a woman's facility as well. The building is currently not being used but is secured. Councilor Ginnings asked if it is an option for parolees to leave the halfway house and rent an apartment. Mr. Fuller replied it is and that is what they are doing now. Councilor Ginnings commented that this would provide an option between them getting an apartment and staying where they are. 577 Item 4 continued Mayor stated that the City would look into that and get back with Mrs. Rios and Mr. Fuller. Charles Barr, 2100 Indian Heights, provided information on the work being done at the church building located at 802 N. Broadway and asked for a variance on the requirement for an engineer's certificate in order to obtain a permit. He informed that they had obtained an engineer's certificate previously from John Glover. Mayor stated that we will follow up on that and will meet with Community Development Director Dave Clark and see what we can do. We do not want to go around anything but there are some ways that we can work through some things to find a solution and hopefully we can do that. Councilor Elmore said that he wants Council to review this particular ordinance that Mr. Barr is discussing. The requirement is a building under 5000 feet with a span in excess of 24 feet, neither of which is in this particular circumstance. I think the inspection folks need a little variance capability where they can make some judgment calls. I would like for us to review this. I have been out to the sight and the work that has been done on the building is great. Mayor stated that we will do both things to see what we can do about this particular case and we will look at the ordinance as well. Item 5 Minutes of the April 21, 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 Elmore that the Consent Agenda be approved. 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 Items 6a-6e Minutes of the following boards and commissions were received. (a) MPO Technical Advisory Committee, January 14, 2009 (b) MPO Transportation Policy Committee, January 28, 2009 (c) MPO Transportation Policy Committee, February 25, 2009 (d) Zoning Board of Adjustment, February 18, 2009 (e) Park Board, March 26, 2009 Item 7a A second 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. Dave Clark stated that this was the second public hearing to discuss this issue. This is a part of the federal stimulus package to prevent homelessness activities. It seems rather timely for the local circumstances because there is a local Homeless Coalition that has been formed and has some history on that nature of organization. There are several steps under the federal guidelines. One is a public hearing to hear public comments. Two, it changes the Annual Element of the Consolidated Plan. In the 5 Year Consolidated Plan it 578 Item 7a continued mentions the homeless and the development of a Homeless Coalition, which has been accomplished now and this is moving ahead. This funding would provide for staffing in the sense of direct contact staff to assist them with the many different factors. It would also allow folks to get into counseling and legal services. It is a three year program and has a potential to go on from there with other federal funding that will be sought for this. On the administrative side of it, Nortex Regional Planning Commission, the Housing Authority, and the City would be involved in this in the sense that the City is the grant recipient and they would be the sub grantees. City staff would be writing checks occasionally so there is an administrative cost in that sense and in doing the accounting to the federal government. This is an opportunity to deal with the homeless and provide a prevention aspect. Councilor Ginnings asked if the City had made this application in the past. Mr. Clark replied that the City has not; Nortex has made two applications previously. Councilor Ginnings wanted to know why we would not administer it ourselves. Mr. Clark explained that we have not established the Homeless Coalition and we are not set up to provide personal counseling. Councilor Ginnings wanted to know if we had made the application on our own and had a homeless coalition would it be true that we would contract counseling and things of that nature. Mr. Clark replied that the City does not normally get into one on one activity, we are not a social service entity, but what we have done with other agencies is a sub grantee. Councilor Ginnings asked to whom was the Homeless Coalition accountable? Mr. Clark replied that it was the Nortex Regional Planning Commission. Councilor Ginnings asked if this Coalition was formed under their auspices. Mr. Clark replied in the affirmative. Councilor Ginnings asked about the check writing. Mr. Clark explained that only in the sense when we are the grantee and have a sub grantee, the City is ultimately responsible for the nature of the accounting. Councilor Ginnings referred to an instance in the past where the City took money under a program and subbed it out for someone else to administer and we became liable for some differences with the government's idea on how the money was spent. Is this an instance where we might get into the same situation? Mr. Clark stated that there were major differences, in that Nortex is a long established entity who has been handling federal funds on a regular basis and they have accountability, much beyond the other circumstances you are referring to. It is also true that no matter what grant that we obtain and do a sub grantee agreement, we are still responsible, such as the Meals on Wheels, we are still ultimately responsible. Councilor Ginnings stated that the budget requires two case managers; are these basically two case managers one of which is designated as the director. Mr. Dennis Wilde, Executive Director of Nortex Regional Planning Commission, replied that it will require two case managers, one of which is the director to oversee the entire program but both will be serving the clients. He clari ied that they are the sub grant recipients but the liability does flow down to the sub grant recipient level. Councilor Smith asked how proactive the case managers would be to go out into the community and seek out the homeless, in particular those who camp along the Wichita River. Mr. Wilde explained that part of the intake is referrals from other agencies and we will rely on them in part, but there are some homeless persons that do not want to receive the services, however, we will make the attempt to target them and do active recruitment. Councilor Smith referred to the population along the Wichita River that camp out there and stated that we hope you will be able to do something about this"phantom homeless population". Mayor stated that when the Homeless Coalition did the survey they went out not only where services are rendered but "hunting" people that are in need of this type of program. Some will take advantage of it and some won't; it is the nature of the persons involved in homelessness. Councilor Elmore asked if there were any thoughts or plans to provide a facility like the folks who spoke about the White Sanitarium, other than the Salvation Army and Faith Mission. Mr. Wilde stated that they feel transitional housing is one thing they can focus on and with this grant we can provide short term rental assistance so transitional housing can help us in transitioning them back into housing. 579 Item 7a continued Donna Piper, Housing Authority Director, provided information on outreach and the entities involved. The Coalition has several members that are a part of churches like New Birth Church and Colonial Baptist Church, and they do extensive outreach with the population that is along the Wichita River. We will get that information from them, and we also have connections with different organizations and will make a serious attempt to reach this population. Mayor commented that if we did not have a Homeless Coalition we would not be able to do this; it would be out of our capacity. What makes our community unique is this type of cooperative work and communication. The City can do a lot of things but there are some things we are not equipped for and there are people in the community that are and can do this type of work. He expressed appreciation to Mr. Clark and those involved. Mrs. Kay Rios informed that there are 20 parolees on a work release program and they will contribute about$200 each to the community; they spend that much. She is open to anything for the building. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7b RESOLUTION NO. 100-2009 R,seb*1on (1) Approving An Amendment To The PY 2008 Action Plan Of The 2005-2009 Consolidated Plan Of The City Of Wichita Falls To Develop And Implement Eligible Programs For Homeless Prevention And Assistance As Designated Through The Homeless Prevention And Rapid Re-Housing Program (HPRP) Funded By The U.S. Department Of Housing And Urban Development (HUD), (2) Authorizing The City Manager To Apply To The U.S. Department Of Housing And Urban Development (HUD) For approximately $583,425 In Stimulus Funding Through The HPRP With No Matching Funds Expected From The City Of Wichita Falls, And (3) Authorizing The Execution Of All Documents Necessary To Accept Said Funding And Sub-Grant All Or Part Of Said Funds To Third Parties, Including, But Not Limited To, The North Texas Regional Planning Commission. Moved by Councilor Elmore that Resolution No. 100-2009 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 City Council recessed at 9:30 a.m. and reconvened at 9:50 a.m. Item 8a ORDINANCE NO. 29-2009 Ordiria= Of The City Council Of The City Of Wichita Falls, Texas, Amending The Wichita Falls Code Of Ordinances, Appendix B, To Add Section 5800, To Provide Alternative Energy Regulations, And To Amend Appendix A, Section 6.10, Subsection P, To Allow Wind Generators To Exceed The City's Maximum Height Limitations. Moved by Councilor Elmore that Ordinance No. 29-2009 be passed. Motion seconded by Councilor Hatcher. 580 Item 8a continued Mr. Dave Clark informed on the changes made from the last Council meeting regarding this proposed ordinance and provided information on wind generators as well as pictures. He commented that most cities are not doing the Conditional Use Permit but that is a Council decision. He clarified that we are not talking about the great big turbines on huge fields that are on the grid that manufacture electricity for the electrical producers. We are talking about a personal per property wind generator that is meant for one residence, one owner, not multiple residences. It will be self-limiting. The ordinance does address decibel maximums. Councilor Elmore commented that he is familiar with a style that is totally different from this. We have a minimum distance from the ground that I am concerned about; if you have a whirling blade that is one thing but if the blade is the full structure length and has to be 20 feet off the ground; it will be a problem. Mr. Clark stated that he understands that they have to be 40 feet off the ground to work. Councilor Elmore stated that he would like to leave us where we can embrace new technology. Mr. Dave Clark informed that as things change we can come back and look at that as time goes by, but to move forward with this is a positive thing. We do move along with changes in technology. Councilor Elmore asked if wind generators could be put on adjacent lots. Mr. Clark replied that they cannot be put on an adjacent lot unless it is re-platted and was made all one lot; this is not intended to go on a single vacant lot as a principle structure. David Smith, 4520 Weeks Park Lane, Wind Eagle Corporation, representing the wind energy business locally in Wichita Falls, stated that the proposed ordinance change is a very proactive move by the City and he is impressed with what has been brought forward by Mr. Clark and his department. I have visited his office many times to seek approval for placement of wind generators inside the City and by establishing an ordinance it is going to be much easier for us to move forward. Mr. Smith provided information on what one of these units would provide for an average household. He gave an example and informed that the cost for a 34 k.w. wind generator installed would be approximately $100,000. Mr. Clark said he had visited another one that was on a smaller scale and the cost was $10,000. Councilor Elmore commented that there are several different sizes. Mr. Smith commented that he has been here for several presentations of this ordinance and when the Conditional Use Permit was brought up my personal feeling is that they have written an excellent ordinance and if someone inside the City of Wichita Falls has adequate land to allow a fall over zone and is in complete compliance of the ordinance, they should not have to ask their neighbor whether or not they can put up a wind generator. Councilor Ginnings stated that the big point of debate will be the question, "Do you have entitlement with the power company to pay you to generate the power you send back?". It was noted that the 35 decibel sound/noise limit is very low and can barely be heard if inside. Councilor Barham agreed with Mr. Smith about the Conditional Use Permit, to do one of these you are going to have a substantial piece of property to put one of these things on it and have the fall over distances required. Moved by Councilor Barham to amend the proposed ordinance by removing Section 5408, Conditional Use Permit, from the ordinance. Motion seconded by Councilor Elmore. Councilor Hatcher stated that if you are talking about a large enough piece of land and that there is no way a neighbor would care, then why would they have a problem? I think we owe it to every neighbor not to do certain things if it is offensive to them. If there is enough land and space and it is not going to be an 581 Item 8a continued issue, it would not be an issue. I think we should leave the Conditional Use in the ordinance. If you sell them I know you do not want that in there. He felt having a Conditional Use Permit requirement in there is important and would like some support on that. Councilor Elmore said that if you are dependent in your neighborhood 100% that every one of your neighbors needs to agree with what you do then you would never get anything done. Councilor Barham stated that staff had stated that the norm across the country is not to have a Conditional Use Permit. Councilor Hatcher corrected that and said that what Mr. Clark said is that most cities do not do this. Mr. Clark clarified that these ordinances are just now being done nationally and not very many are putting in Conditional Use Permits. Councilor Hatcher thought that it is an issue where some neighborhoods have restrictions on what you can do where you live. I am all for it but most of this town does not have $100,000 to put one of those up which means that in most neighborhoods it is not going to be an issue. But part of my district might have that kind of money and space to put one up so I am looking out for their neighbors if they do not want one up. Mr. Clark gave the procedures of a Conditional Use Permit, noting that the responses from the neighbors are provided to Planning & Zoning and they decide. Councilor Hatcher said he wants one but his neighbors probably will say "no". Councilor Smith asked if under the Conditional Use Permit there is a due process that someone can challenge one of these once it is up if it is exceeds 35 decibels or is not aesthetically pleasing. Mr. Clark informed that the Planning Commission has authority to approve a Conditional Use Permit and if the neighbors do not like what happens they can appeal to the City Council. Under the maintenance aspect it would be looked over by Code Staff. The Code officers would go out, issue letters, and eventually a citation for whatever the problem is. Councilor Ginnings thought that the decibel level is a non issue because a lawn mower or hedge cutter is louder than 35 decibels. I am going to vote against this because it would create a real burden on our Code people and the Planning Commission in trying to make a decision with an irate neighbor in their face. I believe the Conditional Use Permit procedure is very appropriate here. The Planning &Zoning Commission can grant those on their own and there is adequate public hearing; and there is an appeal process to this Council. Ripley Tate, Planning &Zoning Chair, stated that the Conditional Use Permit is not a 100% block of someone being able to do something; it is more of a process to allow us to review each individual case on a case by case basis. Often in Planning & Zoning we see that people bring things they perceive as a problem to the Council and in light of reviewing that we have the opportunity to educate those individuals which often times changes some opinions. Another aspect he wants everyone to be aware of is that there are other systems out there that are not as high as Wind Eagle's that someone could place in their back yard that may or may not be in a safe situation. I would encourage, even though I highly support Mr. Smith and this type of activity, and would support keeping the Conditional Use process in place so that we have the opportunity to look at these cases. I have a friend who installed a smaller unit that cost them $8,000 to install and is 15 feet above the ground. They noticed a 30-40% reduction in electric cost the first month they installed it. This was not in Wichita Falls. I want everyone to be aware that there are other avenues out there. Motion on the amendment failed by the following vote. Ayes: Councilors Barham and Elmore Nays: Mayor Lyne, Councilors Smith, Roberts-Burns, Hatcher, and Ginnings 582 Item 8a continued Original motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8b ORDINANCE NO. 30-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending The Code Of Ordinances By Adding Division 9 To Chapter 106, Article II, To Regulate The Installation Of Landscape Irrigation Systems And By Amending Section 2-906, Subsection (13)f, To Provide For An Extraterritorial Increase In The Permit Fee, And Providing A Penalty Not To Exceed $2,000 Per Violation And As Described In Section 1-14 Of The Code Of Ordinances. Moved by Councilor Barham, that Ordinance No. 30-2009 be passed. Motion seconded by Councilor Hatcher. Council expressed disapproval, frustration, and a burden in having to comply with this State mandate. It was a good intention but it was poorly written, poorly designed, and poorly implemented. It is the principal that has this Council upset. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Nays: Councilors Ginnings and Elmore Item 8c ORDINANCE NO. 31-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Appropriating $9,966.00 To The Special Revenue Fund For Additional Grant Revenue From The State Of Texas For The Texas Department Of Transportation Selective Traffic Enforcement Program (STEP) "Click It Or Ticket" Wave Grant FY 2009 For Traffic Enforcement And Authorizing The City Manager To Execute All Documents Necessary To Accept Said Grant. Moved by Councilor Barham that Ordinance No. 31-2009 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 9a RESOLUTION NO. 68-2009 Resolution Awarding a Bid for the Faith Village Drainage Improvements Project — Phase II & III (CWF05-552-03) To Earth Builders L.P., In an Estimated Total Amount of$4,247,308.00. 583 Item 9a continued Moved by Councilor Roberts-Burns that Resolution No. 68-2009 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 9b RESOLUTION NO. 69-2009 Re soffth Authorizing The City Manager To Execute A Department Of The Air Force Lease Of Property On Sheppard Air Force Base, A Joint Use Agreement Between The City Of Wichita Falls, Texas And The United States Air Force For Parts Of Sheppard Air Force Base, And Documents Related Thereto. Moved by Councilor Hatcher that Resolution No. 69-2009 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None City Council recessed at 11:05 a.m. and reconvened at 11:20 a.m. Item 10a Health Director Lou Franklin provided an update on the H 1 N 1 flu situation. Item 10a (1) A discussion was held on a possible ordinance on commercial closure times in the central business district. City Attorney informed that the Planning &Zoning Commission decided not to approve a proposed ordinance to require commercial closure times in the central business district. In response to continued interest by some Council members we tweaked it to make it inapplicable to retail trade establishments and reduce the hours of closure slightly. We are putting it before you for direction. Mr. Clark stated that this came for downtown property and residents and are looking for a longer term solution and there is a consciousness of trying to facilitate all night businesses as well. There are representatives here from the downtown area. Cynthia Laney, Downtown Wichita Falls Development, informed that they have been in conversation with their property and business owners. Everybody realizes that as long as this is protecting our property and businesses, as well as our residents. We are hoping that in the future as people want to bring their businesses downtown they will see that protection and that it is already in place. It will be to our advantage to bring more businesses downtown. We are in full support of this ordinance. Councilor Ginnings mentioned an opinion by Chief Bachman that we should let this run, observe it and evaluate it. He asked Chief Bachman if he had 584 Item 10a (1) an opinion about this at this time. Chief Bachman mentioned the activity that has taken place downtown and what they have been doing. He commented that in order to stop the litter problem you are going to have to have an officer standing around catching people doing that. Councilor Ginnings commented that what is proposed here does not increase the drinking hours. What it does is make exception that retail establishments that are not involved in that can remain open like a gym or a grocery store. Do you have any objections to this ordinance? Chief Bachman stated that they can still let their program run and evaluate it. I do not have any problem with the ordinance. Councilor Hatcher asked what the parameters of the district were. How would this impact a wholesale business that loads trucks at 3 or 4 in the morning? Mr. Clark clarified that this is talking about being open to the public. Councilor Hatcher asked for the boundaries, street wise that would be impacted. Mr. Clark replied that it is an actual zoning district and is probably from 5th Street down to 12th Street and from the railroad tracks to Travis Street. Mrs. Rowena Jackson, Wichita Theater owner, commented that it would be to the advantage of the central business district to have a reputation of being protected and if we can communicate this as well would be beneficial. The patrol cars are of benefit if they only drive by. As long as the public knows they might get caught, and the word gets around. There have been some burglaries in several of the businesses downtown. Mr. Ripley Tate said he had no problem with this coming back to Planning & Zoning. Cynthia Lane has done a fantastic job and we support her efforts. He stated that some of the things that have come out in the media are that the Planning &Zoning Commission shot this down to keep potential business from coming in the future. What I want to bring out is that this community has had zero and possibly negative growth over six decades because of this negative growth and because of some of the attitudes of our people in Wichita Falls that the City leaders are anti- business or against bringing business. In order for this community to grow and we have a prime situation to grow this community but by City leaders placing these type of restrictions on how and where a business can go into place is going to retard some of this growth and perpetuate the overall feeling that we are anti-business. This community is more pro business and more proactive to see this community grow than it has been in the last 25 years. We want to support the downtown development and we recognize the problem we have with the after hour places, but I think we have other laws that can take care of the problem and not restrict trade and place more burden on a business coming into town. I think if we were to pass the ordinance as it was previously presented then we would be counteracting against some of the good actions we are trying to overcome. I think the retail piece of this is a good step in that manner and I am not so sure that won't get passed at the next Planning &Zoning meeting. Mayor stated that the balance this has struck is good. To encourage the type of business that revitalizes downtowns is not going to be the wholesalers, and he hopes they move to our Business Park. To have a 24 hour pharmacy would be great and that type of business. We need to establish an environment from a business standpoint. We have people living downtown and to revitalize we need more people living down town then more businesses will come downtown. These are working out a compromise that works for both parties and to me is important and I am happy the way it has flowed here. We are not going to be able to stop everything and private businesses will probably have to increase security. As we revitalize and work downtown it will move some of those folks out that we do not want downtown. Diane Walser, owner of Somewhere in Time, stated that some of her customers' comments are that we have such a history with downtown as being a negative and unsafe place to be that one incident can have such an impact on the perception of downtown. Downtown is unique in that we have to change the perception of the people in this City. We just need the extra support in trying to get a positive perception of downtown. 585 Item 10a (1) continued Councilor Elmore stated that some of the clubs downtown has created some problems, but downtown Austin has a large residential contingency and they have club after club and that is one of the big attractions there. We talk about businesses that we do not want downtown but I don't know that is necessarily the position I want to take. I don't know that there is an after hours aspect that I would particularly want to be involved in but I would be very careful before putting restrictions on downtown. Councilor Smith would like to see this go back to Planning & Zoning. We do need that element of residential folks downtown and we need to protect them being there as far as noise and trash. Just a feeling of this is not a safe place is something we need to work on. I would like for this to come back to Council. It may be that we need to pursue a business improvement district in downtown. The business owners have to work with us and we have to work with them to provide a livable workable business oriented downtown. I would like to see more of this come back to Council. Mayor noted that the general concept of Council was to send this ordinance to the Planning & Zoning Commission. Item 10a (2) Mr. Jack Murphy gave a presentation on the South Weeks Park Pond Project, which is on the Council's five year Capital Improvement Plan. City Manager clarified that the only projects you have approved are in the first year and those outer years in the Capital Improvement Projects. I think sometimes there is a misunderstanding that they will actually get done in those years and most of them are not because there is no funding and they keep rolling into the next year. Keep that in mind. Mr. Murphy informed that the budget would be $2 million dollars for all proposed ponds and he provided detailed information on the purpose, benefits, and the process of this project. Councilor Ginnings stated that he would like to see Council agree to place this on the next Council agenda and at that time there would be other public comments as well as other statements where we can vote on it. If Council agrees to see this go forward, the recommendation I am looking for is to recommend it to the 4B Board, and as a member of the 4B Board I would want to make the case to fund it. Mayor suggested that Mr. Murphy go straight to the 4B Board. City Manager stated that it has been Council's best practice has been to go to the Council before it goes to the 4B Board. Mayor thought it should just go straight to the 4B Board. Matt Benoit could schedule a meeting and we could save two weeks. I think we do have the funding there and this is one of the things what fits for 4B and what 4B should be doing. This is what we should be working toward and this is a great opportunity. Initiate this, make the presentation, and move forward with that. Councilor Ginnings asked if there was anyone opposed to this. Councilor Elmore said he was not opposed to the procedure but he has a question. He asked that staff provide him with an approximate percentage total square footage of parks by district. We spend a lot of money on the south side and that is fine but I know that District 5 has less acreage in parks than any other district in town. This is fine and I think this is wonderful but I would also like to see some extension of funds to the other parts of the community. 586 Item 10a (3) City Clerk provided an Election update and provided dates, times and possible polling location changes. This information was also translated into Spanish. Item 10b Councilor Roberts-Burns reminded and invited everyone to the Mayor's Town Hall meeting in District 2 at Kate Burgess School, 3601 Maurine, May 12tn at 7 p.m. Councilor Elmore asked about our Sister City sign and if we are still actively pursuing our relationship with them. City Manager informed that we remain a Sister City but he does not know what we have done recently, activity wise but not much. Mr. John Burrus informed that it was a TXDOT requirement to remove those signs. He will get more information to Council on what led to that removal. Mayor stated that we stay in contact with our Sister City. Barry Levy and I exchange things with them back and forth and make sure we remain in contact. Councilor Elmore would like to maintain and encourage that relationship with our Sister City. Councilor Elmore congratulated Judge Mark Price on his efforts to try to bring the Zephyr to Wichita Falls. We have asked for it but have not heard back but we are actively pursuing that. He stated that there are some things he wants to use 4B funds for in the Railroad Museum. Councilor Barham received a call from a person at 3000 Pennsylvania regarding storage on the property, tall weeds, etc., particularly on the west side and 3000 block of Colquitt and the alley between the two. He asked that staff look into that. Councilor Hatcher reminded everyone that the Cajun Fest is happening downtown this Saturday and encouraged everyone to participate. Councilor Hatcher reminded voters to get out and vote. Councilor Ginnings thanked the Lord for sending rain. There was a big jump in water volume at Lake Arrowhead. Councilor Ginnings said he received some reports from Legal about favorable actions and prosecution of our gang cases. That is good news for our community. He said he has a word for gang members. I would think that peace and tranquility would be an attraction to almost anybody except a very few. He invited gang members to come in out of the cold and work with us and help us preserve that for the benefit of not only our communities that exist today but for women and children who need and should have and be able to depend on peace and tranquility. Councilor Ginnings commented that at every Council meeting we have a police report that points out the positive effects of the Burglary Prevention Program. Locking you car prevents burglaries and car theft. We are down to 49% reduction in crime for vehicles that are locked. That is still a big percent; what does it take for people to get the message? I appreciate what is going on and would like to see the results that ought to make an impression on the general public. Councilor Smith informed that beginning May 7 there will be an additional Eagle flight form Wichita Falls to Dallas. He encouraged everyone to "Fly Wichita Falls". Councilor Smith informed that the Jenny flight last Saturday was a great success. He thanked Monica Morris and the staff at the Airpark for all their help. The P51 was unable to fly but will be back later to fly. 587 Item 10b continued Councilor Smith noticed that the 11th Street Campus roadway, approximately two blocks, is taking a beating. Are the contractors going to repair it? Some people have almost tripped crossing there; you cannot even see the cross walk. It is almost dangerous. He asked staff to take a look at it. Public Works Director Russell Schreiber informed that he has been in contact with the contractor but will take a more in-depth look at it. Councilor Smith asked for an update on lake levels. Mr. Schreiber informed that Lake Arrowhead has risen 3 feet; it is at 76%; Lake Kickapoo only came up a couple of inches; we did not get any rainfall in that water shed. Lake Kemp increased by six inches; it is at 63%. If we can get a good rain event over Lake Kickapoo we will be in good shape. Mayor Lyne pointed out that the Texas Council on Cardio Vascular Disease and Stroke - Heart and Stroke Healthy City Recognition has recognized the City of Wichita Falls as a heart and stroke healthy City. That is an improvement from two years ago and that goes to our Health Department and the knowledge and the health fairs they conduct here. He thanked the Health Department and everyone who is taking care of their heart as well as learning about heart and stroke disease. Mayor Lyne gave a letter to Chief Bachman from a person who complemented a patrol officer for how he handled himself when giving that person's son a speeding ticket. The Officer was very courteous and helpful. This was a very nice thing and it shows the type of quality people we have in our City. Everybody can have a bad day but 99% of the time our folks are "on", and I thank them for that. Item 11 a and Item 11 b City Council went into Executive Session at 12:08 p.m. as authorized by Texas Government Code Section 551.072 and as authorized by Texas Government Code Section 551.074. City Council reconvened at 12:58 p.m. Mayor announced that no votes or polls were taken during Executive Session. Item 12 Moved by Councilor Elmore to reappoint Mr. Glenn Barham, Place 1, to the Wichita-Wilbarger 9-1-1 District Board of Directors, with term to expire May 5, 2011. 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 13 In accordance with Local Government Code Section 392.031 Mayor Lyne appointed Mr. Bobby Dinwiddie to Place 5 of the Housing Authority Board of Directors of Wichita Falls, with term to expire July 31, 2010. City Council adjourned at 1:05 p.m. 588 PASSED AND APPROVED this _day of 2009. MAYOR ATTEST: L 'a Ozuna it 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, May 5, 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: Father John R. Skeldon, Pastor Our Lady Of Guadalupe Catholic Church (b) Pledge Of Allegiance 3. Presentations (a) Proclamation - Motorcycle Safety & Awareness — Tracy Hennan (b) Proclamation - Letter Carrier's Food Drive - WF Area Food Bank (c) Proclamation — National Tourism Week — CVB (d) Proclamation — National Nurses Week, Dr. Karen Polvado, Wilson School of Nursing, MSU (e) Employee Of The Month — Health — Gwen Mills, Animal Control 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 21, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) MPO — Technical Advisory Committee, January 14, 2009 (b) MPO Transportation Policy Committee, January 28, 2009 (c) MPO Transportation Policy Committee, February 25, 2009 (d) Zoning Board Of Adjustment, February 18, 2009 City Council Agenda Tuesday, May 5, 2009 Page 2 (e) Park Board, March 26, 2009 REGULAR AGENDA 7. (a) Second 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. (b) Resolution: (1) Approving An Amendment To The PY 2008 Action Plan For Homeless Prevention And Assistance, (2) Authorizing Application To The U.S. Department Of Housing And Urban Development (HUD) For approximately $583,425 In Stimulus Funding, With No Matching Funds Expected From The City, and (3) Authorizing The Execution Of All Documents Necessary To Accept Said Funding And Sub-Grant All Or Part Of Said Funds To North Texas Regional Planning Commission (Council Bill # 100) 8. Ordinances (a) Ordinance Amending the Wichita Falls Code Of Ordinances To Provide Alternative Energy Regulations (Council Bill # 101) (b) Ordinance Amending The Wichita Falls Code Of Ordinances To Regulate The Installation Of Landscape Irrigation Systems and Provide For An Extraterritorial Increase in the Permit Fee (Council Bill # 102) (c) Ordinance Appropriating $9,966.00 To The Special Revenue Fund For The Texas Department Of Transportation STEP "Click It Or Ticket" Wave Grant FY 2009 And Authorizing The City Manager To Execute All Documents Necessary To Accept Said Grant (Council Bill # 103) 9. Resolutions (a) Resolution Awarding a Bid For The Faith Village Drainage Improvements Project — Phase II & III (CWF05-552-03) to Earth Builders L.P., in an estimated total amount of $4,247,308.00 (Council Bill # 104) (b) Resolution Authorizing The City Manager To Execute A Department Of The Air Force Lease Of Property On Sheppard Air Force Base, A Joint Use Agreement Between The City Of Wichita City Council Agenda Tuesday, May 5, 2009 Page 3 Falls, Texas And The United States Air Force For Parts Of Sheppard Air Force Base, And Documents Related Thereto (Council Bill # 105) 10. Other Council Matters (a) Staff Council Discussion (1) Possible Ordinance On Commercial Closure Times In Central Business District (2) South Weeks Park Update (3) Election Update (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Executive Sessions: (a) Executive Session in accordance with Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the value and possible purchase of various real property interests for the construction of an animal services center and the value and potential purchase of property in the vicinity of Lake Wichita.) (b) Executive session in accordance with Texas Government Code § 551 .074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee (including, but not limited to, the appointment and evaluation of members of the Wichita-Wilbarger 9-1-1 District Board of Directors and the Wichita Falls Housing Authority Board of Directors) 12. Select Appointments To The Wichita-Wilbarger 9-1-1 District Board of Directors 13. Mayor's Report to City Council Concerning Selection of Directors of the Housing Authority of Wichita Falls. 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 City Council Agenda Tuesday, May 5, 2009 Page 4 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. 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