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Min 05/19/2009 589 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 19, 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 Jessica Wheat - Deputy City Clerk Mayor Lyne called the meeting to order. Item 2a Reverend Linda Marcum, Pastor of Beverly Drive United Methodist Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3 Mrs. Jane L. Osmond representing the Texas Department of State Health Services presented the City with the Heart and Stroke Healthy City Award. The award was accepted by Angie Gass, Fernando Tezaguic, and Jana Kaelin, Health Department staff. Mayor expressed appreciation to Health Department staff for their good work to make this happen for the City. Item 4 Returns of the May 9, 2009 Municipal General Special Election were canvassed. Following the canvass the following ordinance was considered. ORDINANCE NO. 32-2009 Ordinance Canvassing The Returns Of The Municipal General Special Election Held In The City Of Wichita Falls, Texas On May 9, 2009. 590 Item 4 continued Moved by Councilor Barham that Ordinance 32-2009 be passed with the following results inserted in the blanks. 1,081 voters voted COUNCILOR AT LARGE Glenn Barham (Unopposed) received 723 votes. COUNCILOR DISTRICT 1: Michael Smith (Unopposed) received 206 votes. COUNCILOR DISTRICT 2: Dorothy Roberts-Burns (Unopposed) received 57 votes. PROPOSITION 1: City Council Elections to be decided by Plurality Vote Yes 425 votes. No 649 votes. PROPOSITION 2: Appointment of Clerk by City Manager Yes 522 votes. No 547 votes. PROPOSITION 3: Unexpired Terms do not apply to Term Limits Yes 768 votes. No 300 votes. Councilor Barham was duly and legally elected Councilor At Large. Councilor Smith was duly and legally elected Councilor District 1. Councilor Roberts-Burns was duly and legally elected Councilor District 2. Proposition 1 and Proposition 2 failed. Proposition 3 passed. Councilor Elmore thanked everyone that voted in the election that had a very small turnout. He reminded everyone that one vote does count and he appreciates those voters that took the time to vote. 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 Councilor Ginnings reiterated what Councilor Elmore stated and thanked him for his comments. Item 5 Mayor presented Councilor at Large Glenn Barham, Councilor District 1 Michael Smith, and Councilor District 2 Roberts-Burns with Certificates of Election. Item 6 No one signed up to speak under public comments. Item 7 Minutes of the May 5, 2009 City Council Meeting were approved with one correction. Item 8 City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns that the Consent Agenda be approved. . 591 Item 8 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 Items 8a-8b Minutes of the following Commissions were received. (a) Landmark Commission, March 24, 2009 (b) Traffic Safety Commission, April 1, 2009 Item 9a ORDINANCE NO. 33-2009 Ordinance Amending Section 22-27 Of The Code Of Ordinances To Modify Section 106.1 Of The International Building Code To Eliminate The Requirement For Architect/Engineer Stamps For Assembly, Educational, And Institutional Occupancies Of Less Than 2,500 Square Feet And Clarify Requirements For Construction Documents To Be Prepared By Engineers or Architects. Moved by Councilor Elmore that Ordinance No. 33 -2009 be passed. Motion seconded by Councilor Barham. Councilor Elmore was glad to see this because it gives the building inspection people some latitude and leeway that they have needed for a long time in small structures like this one. Councilor Ginnings asked that if building inspection people believe that this latitude is an advantage to them and enforcement. Mr. Dave Clark replied that it is an advantage but they still pay attention and will be aware through the inspection process and the reviews of what is going on in detail. Councilor Ginnings asked if there is an effect on this that would be negative on something other than this structure. Mr. Clark stated that there still is a review process and will be subject to multiple inspections when it is under construction so that the staff will still know what is going on. Councilor Elmore asked if staff still has the latitude to require additional engineering documentation if they see a need for it. Mr. Clark replied that they still have latitude to require that documentation or extra documentation if needed. Motion carded by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9b ORDINANCE NO. 34-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Abandoning And Transferring Maintenance Responsibilities For A Public Sewer Easement At The Sam Houston Elementary School Site To The Wichita Falls Independent School District. Moved by Councilor Roberts-Burns that Ordinance No. 34-2009 be passed. Motion seconded by Councilor Elmore and carried by the following vote. 592 + Item 9b continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 10a RESOLUTION NO. 70-2009 Resolution Adopting An Updated Parks, Recreation, And Open Space Plan. Moved by Councilor Roberts-Burns that Resolution No. 70-2009 be passed. Motion seconded by Councilor Smith. Councilor Smith asked Mr. Jack Murphy to describe the Texas Wildlife and Parks Grant. How much money it would cost us and what would we have to do. Mr. Jack Murphy explained that the application would be requesting the maximum of$500,000 to their Local Park Grant Program. He explained the program in detail. Councilor Smith asked what the plans were for the eighty acres the City purchased off Seymour Highway. Mr. Murphy replied that it will remain a public open space for the appreciation of vegetation is has to offer. The trail will allow the public to enjoy the view it has to offer as well. Councilor Smith asked if a gazebo would be placed in that area. Mr. Murphy replied that it could happen but as of now it remains to be planned. Councilor Smith asked if we have received any Federal stimulus money in this parks and recreation trail. Mr. Murphy stated that not as yet but that is not to say that there won't be at a later time through other areas of funding. Councilor Ginnings asked if the listing of the projects on this plan are in order of prioritization and if they are doable. Mr. Murphy replied yes and define doable. Councilor Ginnings stated how the projects were listed and commented that he knows staff and Mr. Murphy would like to see a funded orderly plan of development. I would really like to see that come forward so that we could fund it from this plan in a list of doable projects. Mr. Murphy stated that the way the projects are listed are in order to the ones that are doable and the ones that will give us more points for the grant. These are the top three listed on the information given to Council. Councilor Elmore requested that Hawk Ridge be added as another project to be made into a park. He would like to see this added in the not too distant future. City Attorney commented for the record that the attachment is as previously provided to the City Council and made available for public review in the City Manager's office. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None .593 Item 10b RESOLUTION NO. 71-2009 Resolution Authorizing The City Manager To Execute A Bus Advertising Contract With Transit Advertising, Inc. For The Purpose Of Selling Advertisement On City Buses. Moved by Councilor Elmore that Resolution No. 71 -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 10c RESOLUTION NO. 72-2009 Resolution Authorizing The Purchase Of A Six-Acre Tract Of Land At 1207 Hatton Road For The Purpose Of Building An Animal Reclaim Shelter. Moved by Councilor Roberts-Burns that Resolution No. 72 -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 9:39 a.m. and reconvened at 9:55 a.m. Item 11 a There were no staff reports. Item 11 b Councilor Smith reminded everyone that Saturday, September 12, 2009, is Museum Day in Wichita Falls. It is an effort by museums and other art attractions in Wichita Falls to advertise their existence and to show their many offerings they have to the people of the City. Be watchful for news on this. Transportation will be provided in the downtown area and hopefully to the outlying areas as well. The time will be from 10 a.m. to 4 p.m. and I will give more information as the summer progresses. Councilor Smith commented that as the "Hotter`N Hell" ride approaches he would like to see the City departments and staff make a maximum effort to beautify downtown, especially where the race begins on Scott Street. It is not a very inviting part of town anyway but we can sure make it is beautiful. Councilor Smith asked for the status on the Brine Line Project, if there was a problem before the rains with the levels at the area lakes. Mr. Schreiber informed that the water is being sampled and there are no indications of any violations; there was not a problem before the rains. We looked into that before we started this project. 594 ' Item 11 b continued Councilor Smith has discussed the fireworks issues that will arise when the 4th of July comes around. He would like to see the Fire Department and the Police Department look into the top ten most violated areas and take care of all the people that are violating this matter. I received letters that were just terrible and dangerous and we need to get control of this situation. Councilor Smith stated that an idea was discussed with District One's Neighborhood Association, concerning trustee lots that we have in town. These are lots that come back to the City because someone didn't pay taxes or is just a vacant lot and we can't determine ownership. He asked if there was a legal way to use the lots and turn them into gardens. City Attorney replied that it can be done because we own the titles to these lots. Councilor Ginnings commented on the fireworks issue and asked if it was illegal to shoot fireworks at Lake Wichita. City Manager stated that it was illegal on the City's side of the lake. Councilor Ginnings mentioned an article in today's paper that the Senate, behind closed doors, discussed a plethora of tax proposals to finance healthcare. Behind closed doors when we have open meeting restrictions on us that we cannot go anywhere together to even get a bite to eat. Councilor Ginnings complimented the City Manager for his letter to the editor on recycling; it was not only very informative but a good lesson in civility. He congratulated the City Manager on a job well done. You teach us all. Councilor Ginnings complimented Mr. Bob Sullivan and his staff on the rave reviews they received on a couple events, most noticeably the Texas Alliance, which was a big event that filled up both of the MPEC buildings. Mr. Sullivan received nice letters and I just want the public to be aware of that. Councilor Ginnings referred to the Maplewood Extension Project and stated that some people thought the road is way too rough when driving on it. I understand that there are different types of machines that do the finish work on that. He asked for a brief comment on the type of machine used to finish the street. Mr. Schreiber explained that all the streets such as Maplewood, Gregg Road and Langford Street have met the City's specifications that are set out by the North Texas Council and Government. He described the specifications and the machinery the contractors are allowed to use on the new streets being poured. Councilor Ginnings asked if there was a mobilization question when using the self propelled machines in a three to four block radius. Mr. Schreiber stated that it is not economical to use in that small of an area. It's better to use in larger areas than one or three to four block areas. Councilor Ginnings commented that as long as standards were adhered to that he was okay with the area worked on. He asked why the last hundred yards of the Maplewood extension was smoother than the other areas of it. Mr. Schreiber replied that it was already there when they created the shopping center and was poured by what he thought was another contractor but was not sure. Councilor Ginnings wanted to discuss the provisions of eminent domain and wondered if it had been resolved or passed. City Attorney will check on the status. Councilor Ginnings commented on the relocation provision and the process once you have gone through eminent domain. He asked if it was normally adverse to the City, in terms of pricing historically. City Attorney stated that when you have to comply with the Federal Uniform Relocation Act, it can, especially with small purchases, it can double, triple or quadruple the price you have to pay for some of the pieces of property. Councilor Ginnings asked if this was Federal and if it is something we cannot do anything about anyway. City Attorney stated that it is not a Federal Act it's called the Federal Uniform Relocation Act. He explained why it was created. Councilor Ginnings wanted to know if there is an opportunity for input will this raise the cost of our doing local business, and if there is a way I feel Council 595 Item 11 b continued should mitigate this. We must contact our representative on this matter. City Attorney stated that most of this bill is well balanced. TML is doing their job but there are so many bad bills in Austin at this time; about 80 percent of the bills died last week. Councilor Hatcher wanted to commend everyone that worked at the Transfer Station. He commented on how friendly, resourceful and helpful they were and I really appreciate all of them. Councilor Barham stated that he would like to echo Councilors Ginnings and Elmore's comments this morning concerning the election turnout. It is very disappointing to have less than 1.7 percent turnout at an election that was somewhat important as far as I am concerned. It doesn't speak well of our community and we have a great community. Councilor Barham stated that we don't thank our staff often enough on a job well done; that includes everyone that works for the City. Every member of our organization does a yeoman's job and that speaks well of the City Manager's management philosophy and I am most appreciative of that. Councilor Barham commented that he didn't know why someone thought badly of the Maplewood Extension; I think it is great. I drive it everyday and wished we had that ten years ago. It's a good piece of work and a good addition to the community. Councilor Elmore received a complaint from a handicapped person that there is no button to push for the doors to automatically open for handicap patrons at MPEC, and the same is true for the Kay Yeager Coliseum. Mr. Bob Sullivan stated that it was in fact correct, however action was taken about a month ago to correct this. Councilor Elmore thanked everyone that voted. Decisions are made by people who show up to vote. If you do not vote your voice will not be heard. Councilor Roberts-Burns stated that she has received several complaints about Lynwood Park; the shrubs are overgrown and people cannot see around them. Mayor Lyne referred to the topic of fireworks and suggested that we may want to consider getting with the media and putting on a campaign about the danger and illegality of shooting off fireworks in the City; a kind of click or ticket campaign and let them know we will be watching for them. We do not have the funds for it but that is one thing we can do. Mayor Lyne echoed Councilor Barham's comments about the Maplewood extension and said that he thought it was a pretty good deal. Mayor Lyne stated that Councilor Ginnings brought up a good point about a lot of the stuff at the State. He went through the Legislative Update last week and there are eminent domain things, billboard things, and red light camera things. We do not use red light cameras here but for those cities that do, they ought to have the right to use them if they want to without the State stealing the money. That is their choice if they think it is going to help traffic and help safety that is their decision; the State does not have a right to be involved in that. That is my personal opinion. Mayor Lyne pointed out that 25 cities using red light technology sent $7.3 million to the State in 2008. It is money I am sure their communities could have used. Likewise, TXDOT changed some things to get local sponsors to help with some of their street projects like FM 369, Southwest Parkway and other State highways that go through our City. If there is work to be done they want us to pay for that. Mayor Lyne mentioned that billboards and eminent domain have been signaled out to receive special treatment, in a good way, for that industry. That is a lobbying thing. 596 Item 11 b continued Mayor Lyne thinks it is important, and the paper made that point today in the editorial section, that the gun control bill can still carry, whether you are for or against is up to you. But when you are talking about something that is going to go to a university and you are the senator where the university is located you need to pick up the phone and call the university to let them know you are thinking about doing this. That is what good service is, and what we are talking about here and several councilors have mentioned it here and what our City does. We pick up the phone, call and ask them what they think. Along the same line, Mayor Lyne received an email from Representative David Farabee asking where we stood on one of the other transportation issues that would give us the opportunity to make a decision about how to spend or not spend money on that. We had already received information form John Burrus and Lin Barnett on that and we were aware of all that stuff. Mayor Lyne stated that the most important thing you can do is to contact the Governor and say just let everything die of the pocket veto and life will be good. One advantage of the State of Texas is that if the Governor does not sign anything they just die. This is an ongoing issue and I am glad to know that 80% of the bills have failed, that is 5600 of 7000, because there are not that many and there is just not that much stuff wrong. There is also a Constitutional push on some of the eminent domain issues and those are not good ideas, they are bad ideas. The Texas Constitution is weird to begin with but we do not need to add more things to be permanent when they are designed to be an ordinance or a law that should be flexible to meet growing needs and demands. Mayor Lyne thanked everyone on the City staff for the great work they do; they show up at all our town hall meetings. He mentioned the thank you notes from two citizens where the Police Chief spent so much time with them and they walked through things and they were very satisfied. It is that type of response citizens receive from our City Staff and I appreciate City staff saying they do not know but will find out. If we do not know we will look it up and get back to people. That is what City government is about. Mayor stated that is what disturbs him about the vote. They say that all politics is local but we will have more voters turn out for a national election where they have so little influence in the decision making and nobody show up for a City election where they have all the influence in the world because we are right here; we are their neighbors. Mayor Lyne wished everyone a good day and a good week; enjoy the nice weather. City Council adjourned at 10:27 a.m. PASSED AND APPROVED this c;�L: day of 2009. MAYOR ATTEST: Lydia 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, May 19, 2009 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1. Call To Order 2. (a) Invocation: Reverend Linda Marcum, Pastor Beverly Drive United Methodist Church (b) Pledge Of Allegiance 3. Presentation Of Heart & Stroke Healthy City Award — Jane L. Osmond, MPH, RRT, Texas Department of State Health Services 4. Ordinance canvassing the returns of the Municipal General Special Election held in the City of Wichita Falls, Texas on May 9, 2009 (City Council Bill #106) 5. Presentation of Certificates of Election 6. 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. 7. Approval Of Minutes Of May 5, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 8. Receive Minutes (a) Landmark Commission, March 24, 2009 (b) Traffic Safety Commission, April 1, 2009 City Council Agenda Tuesday, May 19, 2009 Page 2 REGULAR AGENDA 9. Ordinances (a) Ordinance Amending Section 22-27 Of The Code Of Ordinances To Modify Section 106.1 Of The International Building Code To Eliminate The Requirement For Architect/Engineer Stamps For Assembly, Educational, And Institutional Occupancies Of Less Than 2,500 Square Feet And Clarify Requirements For Construction Documents To Be Prepared By Engineers or Architects (Council Bill # 107) (b) Ordinance Abandoning And Transferring Maintenance Responsibilities For A Public Sewer Easement at the Sam Houston Elementary School Site To The Wichita Falls Independent School District (Council Bill # 108) 10. Resolutions (a) Resolution Adopting An Updated Park, Recreation, And Open Space Plan (Council Bill # 109) (b) Resolution Authorizing The City Manager To Execute A Bus Advertising Contract With Transit Advertising, Inc. For The Purpose Of Selling Advertisement On City Buses (Council Bill #110) 11. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions,ordinances,and other actions concerning any word, phrase,or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including,without limitation, any street,water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether City Council Agenda Tuesday, May 19, 2009 Page 3 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 AMENDED 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 19, 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. ADDENDUM TO REGULAR AGENDA 10. (c) Resolution Authorizing The Purchase Of A Six-Acre Tract Of Land At 1207 Hatton Road For The Purpose Of Building An Animal Reclaim Shelter (Council Bill # 111) 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 , 2008 at o'clock (a.m.)(p.m.). City Clerk