Min 06/02/2009 597
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
June 02, 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 -
Matt Benoit - Assistant City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Lyne called the meeting to order.
Item 2a
Pastor Ron Barnard, of Heritage Assembly of God Church, gave the invocation.
Item 2b
Mayor Lyne led in the Pledge of Allegiance.
Item 3a
Sheila Catron with the Junior League of Wichita Falls presented Mayor
Lyne with a check in the amount of$15,051.25, proceeds from the 2008 Falls
Fest. Mrs. Catron provided information on the 2009 Falls Fest, which will take
place September 25-26 in Lucy Park. Mayor expressed appreciation to the Junior
League and informed that the proceeds go to the Park Department.
Item 3b
Mayor proclaimed June 6, 2009 as "Dr. Anthony Chelte Day" in Wichita
Falls and urged all citizens to thank him for all his work at Midwestern State
University and in our community. Mrs. Tricia Riley, Dr. Chelte's current assistant,
and previous assistant Shawna Kennedy accepted the proclamation and
expressed appreciation to the Council.
Item 3c
Mayor recognized Mr. Joe Garrison, Duplicating Services Assistant, Print
Shop, as Employee of the Month for June 2009. Mayor presented Mr. Garrison
with a plaque, a check, Castaway Cove tickets, and restaurant certificates.
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t
Item 4
Willie Rhodes, 1706 Avalon, asked Council to consider installing a water fountain at
the Skate Park. Staff will look into that.
John Welter, Faith Mission Executive Director, 1300 Travis, mentioned a problem on
the 1300 block of Travis Street with people parking in front of Faith Mission and drinking. He
cannot control that only if they are on Faith Mission's property so he suggested that parking
signs be put up limiting parking to 15-30 minutes. Staff will look into that.
Item 5
Minutes of the May 19, 2009 City Council Meeting were approved with one
correction.
Items 6-7c
Assistant City Manager Benoit 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 Barham and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings,
and Elmore
Nays: None
Item 6
RESOLUTION NO. 73-2009
Resolution Authorizing The City Manager To Execute All Documents
Necessary To Apply For And Accept Funding From The FY 2009
Bulletproof Vest Partnership Program.
Items 7a-7c
Minutes of the following boards and commission were received.
(a) Wichita Falls 4B Sales Tax Corporation, January 8, 2009
(b) Wichita Falls-Wichita County Public Health Board, February 27, 2009
(c) Planning and Zoning Commission, April 8, 2009
Item 8a
A public hearing was held concerning the proposed amendment to the Annual
Element of the Consolidated Plan to allocate $381,303.00 in CDBG-R Stimulus funding from
American Recovery and Reinvestment Act of 2009.
Mayor declared the public hearing open.
Mr. Dave Clark informed that the purpose of the proposed amendment is to allocate
CDBG-R stimulus entitlement funds in the amount of$381,303 received from HUD under the
American Recovery and Reinvestment Act of 2009. The proposed project for this funding is
to replace existing two inch water lines, which are failing, with 12 inch water lines along Tulip
Street from Duncan Street to Roosevelt Street, and tying into the existing 6 inch line on
Rosewood Street. This will be accomplished in the next few months.
Councilor Ginnings asked if the 12 inch water line was a feeder line. Mr. Schreiber
replied that it was; these lines were identified in the Freese & Nichols Distribution Master
Plan. We do have a lot of trouble with these lines and the 12 inch line is there to create better
circulation throughout the distribution system. Mr. Ginnings asked if the 12 inch line will feed
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Item 8a continued
the 6 inch line. Mr. Schreiber replied that it is a continuation of a 12 inch line and will be tied to
the 6 inch line.
Mr. Clark commented that this will benefit approximately 40 households in that
vicinity.
Mayor asked if this will be done in-house or bid out. Mr. Schreiber replied that we
would design it and bid it out.
Mayor called for additional public comments. There being none, Mayor declared the
public hearing closed.
Item 8b
RESOLUTION NO. 74-2009
Resolution (1) Approving An Amendment To The PY 2008 Action Plan Of
The 2005-2009 Consolidated Plan Of The City Of Wichita Falls To
Allocate $381,303 In CDBG-R Stimulus Funding Received From The U.S.
Department Of Housing And Urban Development (HUD) Under The
American Recovery And Reinvestment Act Of 2009, And (2) Authorizing
The Execution Of All Documents Necessary To Apply For, Accept, and
Allocate Funding Pursuant To Said Amendment.
Moved by Councilor Roberts-Burns that Resolution No. 74-2009 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 9a
A second public hearing was held to determine if certain buildings and/or
structures are dangerous.
Mayor declared the public hearing open.
Mr. Dave Clark informed that there are 27 properties and some of these
are still left from the 2007 flood and others are regular demolition action items.
You have been provided with an individual sheet on each property of photos and
we have a power point; we also have the videos.
Each item was listed and the following properties were addressed by
property owners or interested parties.
Item 3, 308 Whitney
Robert Mitchell, 2144 Avenue E, stated that he has reached an agreement
with the property owner to purchase this property; however he needs to obtain the
correction repair list to begin work.
Council agreed to leave it on the list 30 days and allow Mr. Mitchell an
opportunity during those 30 days to get whatever arrangement is necessary with
the owner and to work with Building Inspection to obtain a permit. If there is no
movement or Mr. Mitchell changes his mind, the City will proceed with demolition.
Item 6, 701 MLK
Councilor Ginnings asked if there was any information on the tanks on this
property. Mr. Clark replied that they checked into it and the tanks have been
removed.
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Item 9a continued
Item 9, 409 Elm
Allen Howell, 2163 Avenue G, stated that he and his wife had acquired
this property about a month ago and are requesting 8 months to fix it up. He is
aware that the foundation is deteriorated.
Council agreed to 90 days extension. Mr. Howell said he could not
complete it in one month but he can start. He has 30 days to pull a permit, 60
days to show significant progress then Staff will look at it again. Mr. Howell said
he would pull a permit and begin.
Item 10, 604 Juarez
Erma Jean Brooks, 1221 St. Andrews, San Angelo, TX, informed that she
had spent over $8000 repairing that house but the City is not doing its job with the
drug house next door. They have come in and destroyed and trashed my
property. She said she will not repair it until something is done about the drug
house and the vagrants who destroy it. Her plans were to repair it and lease it as
Section 8 Housing.
Mayor stated that the City does what it can, but there is a vacant property
and somebody is going to get into it. It is not going to be 100% unless somebody
is going to live in it. We can look at increasing patrols out there but that is all we
can do.
Councilor Hatcher commented that someone needs to be there to watch
and maintain it; maybe there is someone who wants to purchase it and repair it.
He mentioned that a gentleman was here earlier and he was interested in
purchasing these types of houses.
Mayor stated that there is nothing we can do; it will be left on the list and if
you find a resolution you can let us know. Mrs. Brooks said she would try to find a
buyer.
Councilor Ginnings stated that the drug activity Mrs. Brooks mentioned is
right. He went out to the property and spoke to the people there. That house is a
junk pile with multiple people in and out of there. That house needs to be on a
watch list. There are no other neighbors in the area. He suggested that Mr.
Teague give Mrs. Brooks contact information on the gentleman that was here
earlier who was interested in purchasing property. He asked if there could be a
Code check on the house next door, 606 Juarez, maybe some increased focus.
Item 12. 207 Lakewood
Nancy White, 209 Lakewood, next door neighbor provided some
information on 207 Lakewood. She has concerns and is afraid for her safety
because of the empty structure. She would like to see the property cleaned and
repaired if possible.
Brian McLaren, 3215 Avenue Q, said that he had done the foreclosure
proceedings on 207 Lakewood.
Jason Winters, 1112 George, Altus, Oklahoma, informed that US Bank
NA, property owner, uses a national carrier to provide services to its properties
throughout the country and we do the services in the near area, such as maintain
the yard, board up windows, winterize, etc. This falls into another category. The
Bank was aware of the fire and we provided them with names of contractors in the
area. The contractor needed money up front and the Bank would not provide the
1/3 up front. We do other work for the Bank so we asked them if they were
interested in us taking a second look at it. Mr. Winters informed that they did
winterize and have been cutting the grass.
Mr. Winters provided additional information on the property situation. At
the beginning of the month we obtained a contractor who is from Oklahoma, but
there were several requirements that needed to be met before we could obtain a
permit. Brian McLaren became the contact on these requirements and on May 22
we sent off the registration to the State for a builder remodeler. We are waiting
for that and the surety bond and once everything is in place we can get this
process in action. We did complete the tear up but did not put anything back.
Once all the permits are in place we are looking at a completion target date of 60
days. We will renovate the property and the Bank will still have it; once it meets all
criteria they will return it to HUD, then it will go up for sale.
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Item 9a continued
Mayor suggested 30 days to get the permit and 30 days for substantial
completion, if not it will come back here. Staff will keep track of the property and
stay in touch with the neighbors.
Councilor Ginnings asked Mr. Bobby Teague if he agreed with what has
been stated here and that the time line is possible. Is there any problem
remaining then with the City, assuming these two things take place? Mr. Bobby
Teague stated that there will not be a problem with the City as far as obtaining the
permit. TRCC is the State organization for the Registration to be a remodeler or a
home builder. As far as a requirement to have an address within the State I do
not know about that. Once they get their TRCC registration and Code compliance
bond, they are ready to go. The City would not require a local address. Mr.
Teague does not have a problem with the 60 days but he would recommend 30
days for the permit and 60 days for substantial completion.
Council agreed to 30 days for the permit and 60 additional days for
substantial completion. Staff will keep track of that.
City Council recessed at 9:45 a.m. and reconvened at 10 a.m.
Item 13, 2402 9tn Street
Gus Arakelian, Plano, TX, represented his father John Arakelian, property
owner. Mr. Arakelian stated that they will tear the structure down and requested
90 days.
Mr. Dave Clark stated that he has 30 days to tear it down and if they see
he is progressing they will allow that to occur.
Mayor instructed Mr. Arakelian to remain in contact with Mr. Teague. It will
remain on the list but still know that you are going to tear it down.
Item 15, 1201 Taylor
Aaron Lindsey, 1202 North Morgan, Petrolia, TX, is representing his
mother, Gail Lindsey, property owner. Josh Hill is a contractor out of Aubrey and
is in the process of purchasing this property; this will happen within the next two
weeks. Mr. Hill will clean the property and build something else there. We are
asking for a little bit of time.
Mayor stated that it will be kept on the list and instructed that Mr. Hill
contact Mr. Teague, Building Inspection. If he does not clear it the City will
demolish it.
Item 17, 2412 Buchanan (main and rear structure)
Gregory Chapa, 3301 Barrett Place, owner, said that he purchases
property for investment property and he is going to remodel this and give it up for
investment property. He requested 90 days to get it up and going.
Council agreed to 30 days to obtain a permit and 90 days for substantial
completion.
Item 20, 4411 Henry Grace Freeway
John Welter, 1300 Travis, Executive Director Faith Mission, informed that
they have been looking for property to expand Faith Mission ministry. This is one
of three properties they have looked at and are in negotiation with the property
owner. We plan to use it for a women and family facility. The Bonny Homes
community at this time has not been all in favor of us doing this at that location,
but we will talk to them. We will meet this afternoon but have not determined we
want this space but need more time to determine if this is financially feasible for
us to obtain this space for the project ahead.
Councilor Ginnings commented about the need and possibility for the City
to connect Bonny Drive to the Access Road so traffic will not need to go through
the neighborhood. This would also be a major improvement.
Mr. Dave Clark informed that we do not have the funds to have this
structure demolished.
Council agreed to leave it on the list whether we have 120 days or not
because we do not have the money to demolish it either.
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Item 9a continued
Item 24, 9 N. Brook
Wayne Larsen, 1311 N. 2"d Street, said they were going to remodel it and
have begun repairs. Mr. Bobby Teague stated that this property can be fixed and
they have obtained financing for it and he has no problem giving them additional
time. He suggested 30 days for permit and 90 days substantial completion.
Council agreed to 30 days to obtain a permit and 60 additional days for
substantial completion.
Willie Rhodes, 1706 Avalon, had signed up to speak on 500 Tulsa; Mayor
informed him that 500 Tulsa was not on this list. Mr. Rhodes stated that he
missed the date to get a permit and requested 30 days and 120 days so he can
get back to work on it.
Mr. Teague informed that this structure had a permit a year ago and it
expired with not much work being done on the property.
Mayor instructed Mr. Rhodes that if it does not get done this time in
another 30 days, it is his last chance.
Mayor called for additional public comments. There being none, Mayor
declared the public hearing closed.
Item 9b
ORDINANCE NO. 35-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Finding Certain Buildings And/Or Structures To Be Dangerous, Requiring
Property Owners To Demolish Said Buildings And/Or Structures Within
30 Days Of The Date Of This Ordinance, And Declaring An Emergency.
Moved by Councilor Barham that Ordinance No. 35-2009 be passed with the
notations stated in the public hearing and are incorporated into the ordinance; the photos are
incorporated into the ordinance and referenced therein as well.
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 10
ORDINANCE NO. 36-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Waiving Section 26-761(b) Of The Code Of Ordinances To Permit Jody
Wade To Have A Pecuniary Interest In More Than One Towing
Company On The City's Wrecker Rotation List.
Moved by Councilor Roberts-Burns that Ordinance No. 36-2009 be
passed.
Motion seconded by Councilor Barham.
Staff recommends that Council repeal Section 26-761(b) to avoid a
potential equal protection violation if Council denies such a waiver to a different
person in the future.
Police Chief Bachman expressed one concern in that if something
happened with Jody Wade having three companies it would leave us with only
one wrecker company. It is good to have as many wrecker companies as we
have now to provide wrecker service.
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Item 10 continued
Jody Wade, 7712 Highway 79, stated that we have to have the same
number of wreckers and we plan to will retain the same number of wreckers and
will hire additional drivers. We are prepared to provide the necessary service. We
will run these companies separately but in the future will consider combining the
three companies into one.
Council directed City Attorney to prepare an ordinance to repeal Section
26-761(b) for their consideration at the next Council meeting.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and
Elmore
Nays: None
Item 11 a was moved up to be considered at this time.
Item 11 e
RESOLUTION NO. 79-2009
Resolution Approving Change Order No. 1 For The Colonial Park
Drainage Improvements Project (CWF08-422-07).
Moved by Councilor Elmore that Resolution No. 79-2009 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 11 a
RESOLUTION NO. 75-2009
Resolution Authorizing Tommy Swanson Oil Co., Inc. To Conduct Oil
Drilling Activity On A 90.52 Acre Tract Of Land Located At 2505 Iowa
Park Road And Establishing Conditions For Said Activity.
Moved by Councilor Elmore that Resolution No. 75-2009 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 11 b
RESOLUTION NO. 76-2009
Resolution Authorizing The City Manager To Execute An Encroachment
Agreement With The Wichita Falls Country Club For A Driveway Across
The City Aqueduct For Access Between Hamilton Boulevard And The
Country Club Maintenance Barn.
Moved by Councilor Elmore that Resolution No. 76-2009 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
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Item 11 b continued
Nays: None
Item 11 c
RESOLUTION NO. 77-2009
Resolution Authorizing The City Manager To Execute Two Encroachment
Agreements With Gary Mehan To Provide For Gary Mehan's Sign To
Encroach On City Right-Of-Way And To Provide For A City Sidewalk To
Encroach On Gary Mehan's Property At 3127 Lawrence Road.
Moved by Councilor Roberts-Burns that Resolution No. 77-2009 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 11 d
RESOLUTION NO. 78-2009
Resolution Approving Change Order No. 1 For The Cypress Water
Treatment Plant 20" Brine Discharge Pipeline Project (CWF07-544-04).
Moved by Councilor Ginnings that Resolution No. 78-2009 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 11 f
RESOLUTION NO. 80-2009
Resolution Approving An Amendment To The 2008-2009 Budget Of
The Wichita Falls 4B Sales Tax Corporation In The Amount Of
$600,000 For the Weeks Park Pond Project.
Moved by Councilor Ginnings that Resolution No. 80-2009 be passed.
Motion seconded by Councilor Smith.
Councilor Barham stated that he had supported Councilor Ginnings in
getting this item on the agenda back in April; following that Mr. Jack Murphy
provided Council information regarding the number of acreage in parklands in the
different districts. He was surprised that District 5 has less than 31 acres of
parkland and the other four districts have a minimum of 250 acres each and that
is quite a bit of disparity. I think as a City and a Council we need to do something
to alleviate this situation and as a result I am going to vote against this resolution.
I think we need to direct some funds to the north side of town.
Council Elmore agreed that there was a lot of disparity. One thing that he
will request to go on the next agenda is to pursue the acquisition of Hawk Ridge
Golf Course for District 5 parkland which consists of 110 acres and it has
everything you can ask for in the way of a park. He will vote for this resolution with
the expectation that Council will in fact be on board with the pursuit of the
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Item 11f continued
acquisition of Hawk Ridge. He would like to see some contact with the present
owners, determine the cost, and how to pay for it. There are several ways to
include this in some other things that we will be seeking funding for. He is very
encouraged by the support he has heard for the purchase of this property.
Councilor Smith stated his support for this resolution but he would also like
to support the information on the pursuit of the purchase of Hawk Ridge property.
We really need to look at that.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Smith, Roberts-Bums, Hatcher, Ginnings and
Elmore
Nays: Councilor Barham
Jackie Dixon, Fields & Streams, stated that Council has no idea the
number of children you are making happy. She informed that it is open to the
entire City and we will keep the fish in it for everybody. She thanked Council from
the bottom of her heart; they have been praying for this for three years.
City Council recessed at 11:06 a.m. and reconvened at 11:15 a.m.
Item 12a
There were no staff reports.
Item 12b
Councilor Roberts-Burns stated that Duncan Street needs to be
resurfaced. Mr. Schreiber stated that it is included in this mill and overlay and he
believes the contractor is starting with that street.
Councilor Elmore would like to see Hawk Ridge on the next Council
agenda to pursue that.
Councilor Elmore had a call on Bacon Switch regarding the bad condition
of the road. Mayor stated that it is a County road. Councilor Elmore will contact
the County.
Councilor Elmore encouraged citizens who are interested in transportation
and roads to attend the MPO meeting at the Public Library on June 6. You will
receive a lot of information.
Councilor Elmore wished Councilor Barham a happy early birthday, June
11.
Councilor Barham wished Councilor Elmore a happy birthday on the same
day.
Councilor Barham thought it would be a good idea to put stickers on the
green carts to remind users what should and should not go into those carts. Mr.
Schreiber informed that they have been designed and are being printed now.
Councilor Hatcher reminded everyone that the Relay for Life was going to
be held this Friday at 7:00 p.m. at McNiel Jr. High School track and encouraged
everyone to watch and participate.
Councilor Hatcher congratulated our Crime Stoppers for the State wide
recognition they received. They had the largest amount of recovered stolen
property, $4.5 million, and they were recognized for that. Way to go Crime
Stoppers.
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Item 12b continued
Councilor Hatcher referred to the Circle Trail System in the Long Range
Plan and stated that he would like for Council to designate the west side of
Barnett Road as linear park. That is not much park land but would allow the City
to continue mowing that 30-40 strip that stretches from Langford to the other side
of Starwood. It would address mowing concerns of the residents in that area.
Councilor Hatcher mentioned the fence along Langford across from
McNiel Jr. High, and asked if the City put that in. Mr. Dave Clark said that he
thought the developer had done that. Councilor Hatcher commented that it was a
good looking fence. Maybe Wichita Falls Independent School District could go
across the street when they are mowing and mow that piece.
Councilor Ginnings invited everyone to attend the June 9 District 4 town
hall meeting at Heritage Assembly of God Church on Southwest Parkway at 7:00
p.m.. He notified the Sikes Neighborhood Watch group that that would be a good
opportunity to have a meeting prior to this meeting.
Councilor Ginnings stated that the Animal Control officers have a difficult
and often times unappreciated job; sometimes it gets worse on the weekends. He
mentioned the recorded phone message on the Animal Control phone which may
be rather lengthy; he suggested reviewing the message and get the essential
Police and Dispatch information at the beginning of the message instead of at the
end, in the event the caller has an emergency situation.
Health Director Lou Franklin clarified that contacting the Police Dispatch is
not on the Animal Control phone message but if someone is having an
emergency, Police Dispatch has the ability to page the Animal Control officers out
and contact them. The message asks them if it is an emergency and gives them
the pager number. If it is not an emergency it also tells them to leave their name
and number and we will get back with them. If someone has an emergency and
fears for their lives where an aggressive animal is involved, call the Police
Department as well as Animal Control.
Councilor Ginnings wanted to know what we do about people putting
rotting refuse such as animal remains, fish entrails, into the dumpsters? City
Attorney stated that if it is a City Code violation, can be documented and proven,
the person can be prosecuted but we have to have the witness testify.
Councilor Ginnings asked if there was a City Code violation, are we
creating a health hazard. Mrs. Franklin replied that there is not a Code that
addresses that issue. Councilor Ginnings commented that it appears we cannot
prosecute then. If they put that in someone else's dumpster that is violation,
correct? Mr. Russell Schreiber replied that it would be considered illegal
dumping. Police Chief added that you can dump in the dumpster that is in your
alley.
Councilor Ginnings referred to an item they discussed at a previous
meeting regarding large structures that are abandoned and were no longer
useable or able to be rehabbed; the purpose of that was how we might deal with
that. He mentioned that some entities have dealt with situations like that and
would like for staff to provide Council with some information that would give us
some sense of direction.
Councilor Ginnings commented that we encourage businesses to come
here with our sales tax revenue or we augment an existing business with sales
tax revenue. If we do that, does that give us any kind of connection if that
business leaves and we are left with something on our hands to then access
those same sales tax funds to help us remediate the property to make it salable or
useful? I would like something in writing on that; if nothing else for site
preparation. Based on the meeting we had, I would like to see that followed up.
Councilor Ginnings said he would like some input on the status of the
deferred properties. Mr. Clark stated that they will provide a status report at the
next council meeting on the projects to which Council has given additional time.
Councilor Ginnings stated that the landfill gas project seems to be moving
rather slow. Mr. Schreiber informed that Ameresco was given six months to have
a contract in hand. We have met with them several times and are trying to find in-
use for that gas; they are on the edge as to whether this is a viable project. There
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Item 12b continued
were several legislative bills that if passed will make this deal more doable. They
have a six month window and we cannot control that.
Councilor Smith congratulated the Police Department on their recent car
burglary program. There was a tremendous reduction of burglaries from
February 10 to May 20 compared to last year, a 32% reduction. This is based on
advertising and educating the public on car burglaries. I think that was a great
program. I think we need these types of programs to refresh our minds; we have
to do something to keep our property safe from burglaries.
Councilor Smith informed that coming up JulyA we will have several
activities downtown like the Kell House Parade Celebration; City of Wichita Falls
4th of July Extravaganza at MPEC, Kids Fest in the morning; quite a bit of
activities. Mr. Bob Sullivan informed that Kids Fest will begin at 3 p.m. to 9 p.m.
instead of the morning; fireworks begin at 9:30, and there will be three bands
beginning at 7 p.m.
Mr. Sullivan reported that there will be 3000 Shriners this weekend at
MPEC to attend their state wide convention. He credited Pene Bridges, CVB
Director, forgetting them to come here; she jumped on this convention when the
Shriners were here last year.
Mayor Lyne commented that the Shriners were here a few years ago and
this is not your normal parade; the things you will see in this parade you will not
see anywhere else. If you have kids, it is great fun and worth attending; it is a long
parade about one and a half hours. They try to outdo each other and it is a
competition for them. It is an opportunity for us as a city to get out there and let
them know we are glad they are here. The parade begins at 10:00 a.m. at MPEC.
Mayor Lyne stated that several things have popped up today. I do not
know if it is the day and time we live in or if it is we are just busy. One thing we
have to remember in our community is that each of us at the City, whether the
police, sanitation, health, or any other department, there is only so much we can
do with the revenues we have. We have to be responsible for what happens in
our neighborhoods. We do have to confront our neighbors when they are not
doing what they should. One thing I always appreciated is when other folks told
my kids to behave if they were not behaving. We have to take the responsibility
for our community to be and have the type of community we want to have and live
in; we cannot rely on someone else to take the lead. We have the responsibility
to ourselves and to each other for the type of community we have and we have a
remarkable and unique community. I have never been a great fan of
confrontation but that is part of life and we are going to have it, but if it is handled
with principles above personalities and keep on track about what the issue is and
not that someone is x, y, or z. Lets talk about what is important to make our
community better and take the responsibility to do it. This City does it better than
any other city.
Councilor Elmore stated that in a situation like you are discussing if
someone has a problem, starting a Neighborhood Watch Program is the best
possible thing you can do for your neighborhood.
Mayor Lyne agreed that it is a great thing but it does not just have to be a
Neighborhood Watch, it can be a neighborhood. What a concept to get to know
your neighbors and that is a wonderful thing for us to take the time to do that.
Item 13
City Council went into Executive Session at 11:43 a.m. in accordance with
Texas Government Code § 551.071.
City Council reconvened at 12:23 p.m.
Mayor announced that no polls or votes were taken during Executive
Session.
608
City Council adjourned at 12:23 p.m.
PASSED AND APPROVED this � �Q-V--day of 2009.
MAYOR
ATTEST:
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Ozuna
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, June 2, 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: Pastor Ron Barnard
Heritage Assembly of God Church
(b) Pledge Of Allegiance
3. Presentations
(a) Presentation - 2008 Falls Fest Proceeds by Junior League -
Sheila Catron, Stephanie Jones
(b) Proclamation — Dr. Anthony Chelte Day — Tricia Riley, MSU
(c) Employee Of The Month — Print Shop — Joe Garison
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 May 19, 2009 Regular Meeting Of The Mayor
And City Council.
CONSENT AGENDA
6. Resolution Authorizing The City Manager To Execute All Documents
Necessary To Apply For And Accept Funding From The FY 2009
Bulletproof Vest Partnership Program (Council Bill # 112)
7. Receive Minutes
(a) Wichita Falls 4B Sales Tax Corporation, January 8, 2009
(b) Wichita Falls-Wichita County Public Health Board, February 27, 2009
City Council Agenda
Tuesday, June 2, 2009
Page 2
(c) Planning & Zoning Commission, April 8, 2009
REGULAR AGENDA
8. (a) Public Hearing To Receive Public Comments Concerning The
Proposed Amendment To The Annual Element Of The
Consolidated Plan To Allocate $381 ,303 in CDBG-R Stimulus
Funding From American Recovery and Reinvestment Act of 2009
(b) Resolution (1) Approving An Amendment To The PY 2008 Action
Plan Of The 2005-2009 Consolidated Plan Of The City Of Wichita
Falls To Allocate $381,303 In CDBG-R Stimulus Funding
Received From The U.S. Department Of Housing And Urban
Development (HUD) Under The American Recovery And
Reinvestment Act Of 2009, And (2) Authorizing The Execution Of
All Documents Necessary To Apply For, Accept, And Allocate
Funding Pursuant To Said Amendment (Council Bill # 113)
9. (a) Public Hearing to Determine if Certain Buildings and/or
Structures are Dangerous
(b) Ordinance Finding Certain Buildings And/Or Structures To Be
Dangerous, Requiring Property Owners To Demolish Said
Building And/Or Structures Within 30 Days Of The Date Of This
Ordinance, And Declaring An Emergency (Council Bill # 114)
10. Ordinance Waiving Section 26-761(b) Of The Code Of Ordinances To
Permit Jody Wade To Have A Pecuniary Interest In More Than One
Towing Company On The City's Wrecker Rotation List (Council Bill #
115)
11 . Resolutions
(a) Resolution Authorizing Tommy Swanson Oil Co., Inc. To Conduct
Oil Drilling Activity On A 90.52 Acre Tract Of Land Located At
2505 Iowa Park Road And Establishing Conditions For Said
Activity (Council Bill # 116)
(b) Resolution Authorizing The City Manager To Execute An
Encroachment Agreement With The Wichita Falls Country Club
For A Driveway Across The City Aqueduct For Access Between
Hamilton Boulevard And The Country Club Maintenance Barn
(Council Bill # 117)
(c) Resolution Authorizing The City Manager To Execute Two
Encroachment Agreements With Gary Mehan To Provide For Gary
City Council Agenda
Tuesday, June 2, 2009
Page 3
Mehan's Sign To Encroach On City Right-Of-Way And To Provide
For A City Sidewalk To Encroach On Gary Mehan's Property At
3127 Lawrence Road (Council Bill # 118)
(d) Resolution Approving Change Order No. 1 For The Cypress Water
Treatment Plant 20" Brine Discharge Pipeline Project (CWF07-
544-04) (Council Bill # 119)
(e) Resolution Approving Change Order No. 1 For The Colonial Park
Drainage Improvements Project (CWF08-422-07) (Council Bill
#120)
(f) Resolution Approving An Amendment To The 2008-2009 Budget
Of The Wichita Falls 4B Sales Tax Corporation In The Amount Of
$600,000 For The Weeks Park Pond Project (Council Bill # 121)
12. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
13. Executive Session in accordance with Texas Government Code §
551 .071, consultation with attorney on matter involving pending or
contemplated litigation or other matter in which the duty of the attorney
to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the
Texas Open Meetings Act (including, but not limited to, City of Wichita
Falls v. Gary Mehan dba GM Properties).
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 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.
City Council Agenda
Tuesday, June 2, 2009
Page 4
CERTIFICATION
I certify that the above notice of meeting was posted on the bulletin board at Memorial
Auditorium, Wichita Falls, Texas on the day of , 2009
at o'clock (a.m.)(p.m.).
City Clerk