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Min 08/04/2009 643 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building August 04, 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 Rick Hatcher - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Jim Ginnings - Charles Elmore - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Pastor John Edwards, Wesley United Methodist Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor recognized Officer Jon Michael Challis, Police Department, as Employee of the Month for August 2009. Mayor presented Officer Challis with a plaque, a letter of appreciation, dinner for two, and a check. Item 3b Catherine Prose, Arts Commission Vice Chair, gave a power point presentation that highlighted the Arts Commission report submitted to City Council. A copy of the report is on file in the Office of the City Clerk. Mayor informed that this request will be taken up at the 2010 City Council Strategic Planning meeting. Item 4 Patricia Sutton, P.O. Box 8391, said she had not heard from City staff since she presented her concerns and request at the last Council meeting regarding the tax lien on her property. Mayor informed her that the City Attorney had researched her situation and he suggested she contact the City Attorney. 644 Item 4 continued Mrs. Sutton said she wanted the City Attorney to explain it now so the public could be aware of it. City Attorney explained that since this is not on the agenda we are limited from discussing this matter. My office will contact Mrs. Sutton today after this meeting to discuss issues distributed to the City Council. Mrs. Sutton said that you go by the statutes of the State and the City ordinances and you are not willing to give me one in public. I think there is something wrong with that. Bob Oden, 3402 Glenwood, said that his mechanical business is located at 1420 33rd Street. He explained his situation regarding two tax lien notices he received from the City for property at 1401 32nd Street and 1417 32nd Street. The notice on 1417 32nd said a lien existed for$39,000 for removal of a house. He purchased this property in June 2002; County Clerk's office told him there were no liens or property taxes in arrears. Notice on 1401 32nd Street showed an $890 mowing lien existing since 1971; he purchased the property in January 2005; County Clerk's office told him there were no liens or property taxes showing on this property. On July 22 2009 after receiving these lien notices; he checked again with the County Clerk's office and no records of City liens against this property. He contacted the City's Lien Supervisor and asked why the City after 38 years notifies a property owner of such a lien. He was informed that the City does not notify property owners of liens and City liens are very hard to trace. Mr. Oden stated that these being quit claim purchases there was no research done against the lien. I checked with the County to make sure there were no liens or taxes owed against the property and was told there were none so I purchased the property at $5000/lot. Years later discovered the liens against the property, but the County Clerk is not aware of the liens. If you buy a piece of property at $5000 you are not going to spend $2000 to have someone run a research against it. Owners should be made aware of this property every couple of years if there is any hope to collect these liens. I acted responsibly in the purchase of the property and have paid my property taxes promptly for the property since. It has been over 7 years since I purchased the property at 1417 32nd Street and over 4 years since I purchased the property at 1401 32nd Street. Mr. Oden informed that in 2007 the property tax for 1417 32nd was combined with 1419 32nd and taxes are now paid for a single address at 1419 32nd Street. There is yet another transaction where a lien would have been expected to be discovered. He requested that both liens be dismissed against his property at 1401 32nd and 1417 32nd. Both of These properties have been put together into one lot. There is neither a 1401 32nd Street nor a 1417 32nd Street; there is a 1405 32nd Street and a 1419 32nd Street. The City Planning Board, when they put these two lots together, should have said something about these liens. I did not know anything about them because if I had I would not have bought them with a $39,000 lien. Councilor Ginnings wanted to know how the County Clerk's office could say there is no lien when there is. City Attorney replied that the County Clerk does not do title searches and will not accurately tell you if there is a lien against a piece of property; you need a title search. It is wise to purchase title insurance even for a piece of property that is $5000; title insurance is relatively inexpensive. He further explained that they might say they do not see a lien but that does not mean they have done the equivalent of a title search; it could mean they simply pulled up the computer and shown you the transactions since the last purchase or looked at the grantor and grantee index and did not see a lien indexed; they may be only looking at the judgment lien index. He pointed out that he has never relied on what the County Clerk has told him about liens but they can be a good starting place. Mr. Oden stated that someone is missing the boat because you don't tell someone who has bought a piece of property 38 years later that there is a $890 mowing lien against that property. Mayer informed that we started this process three years ago and we did not have good records and we are trying to catch up. Mayor suggested he check with the Property Manager to make sure those are valid liens. However, we may not have a good resolution for you. Mr. Oden said he was not going to pay the $39,000 lien. Councilor Elmore asked if the City files those liens with the County. City Attorney replied that we do. Councilor Elmore asked if we re-file or follow up on a lien once it is established. City Attorney replied that we do notify them periodically and we have sent those notifications within the past 3 years which has prompted public inquiries. City Manager stated that we file hundreds of liens a year; no, we do not send follow up letters weekly or monthly reminding them nor do we remind them to pay their taxes. We follow the law which requires specific notifications at the beginning of the process which we do and we document that properly. If we do not have that documentation we do waive the lien, and have done that in the past. 645 Item 4 continued Mr. Oden commented that this seems like the "Boston Tea Party"—taxation without representation; you do not know this exists and all of a sudden you owe$39,000 and I think it is unfair to me and the other citizens. The City did this and the City could correct itself. Mayor suggested that he follow-up with the Property Manager, Mrs. Pat Hoffman. Councilor Ginnings commented regarding the lien process. He stated that he has his own misgivings about fairness but life is not fair. When a document is filed of record it is there for the entire world to see and if we fail to avail ourselves of that, adequately, unfortunately it is our own responsibility. You can consider it entrapment or'I just did not know' but that is the purpose of public records - for the entire world to see. If I were to buy a $1000 lot and someone offered to check the records for$2000, 1 would probably refuse; it is a business risk. If I did not know about liens that might be there and did not know about the effect of compound interest I would have just made a bad mistake and it would be my fault. It is a very perplexing situation. For the public's benefit, once those liens are filed we do not follow up on them because we do not have to, that is not the law, but they are there for all the world to see. Let the buyer beware. Item 5 Minutes of the July 21, 2009 City Council Meeting were approved as corrected. Items 6-7e City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Smith that the Consent Agenda be approved. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 6 RESOLUTION NO. 100-2009 Resolution Granting Extended Reservation Privilege To The Lamar Baptist Church To Use A Soccer/Football Field In Lake Wichita Park from September 12, 2009 to October 31, 2009 Items 7a-7e Minutes of the following boards and commissions were received. (a) Zoning Board of Adjustment, May 20, 2009 (b) Board of Adjustment, June 17, 2009 (c) Landmark Commission, June 23, 2009 (d) MPO Transportation Policy Committee,April 22, 2009 (e) MPO Transportation Policy Committee, May 28, 2009 Item 8a ORDINANCE NO. 47-2009 Ordinance Amending Sections 78-124 through 78-127 of the Wichita Falls Code of Ordinances to Modify the City's Graffiti Removal Program and Providing a Penalty of up to $500 upon Violation Moved by Councilor Roberts-Burns that Ordinance No. 47-2009 be passed. Motion seconded by Councilor Smith. 646 Item 8a continued Councilor Barham asked if a building is tagged or becomes in disrepair is there some way that this graffiti abatement process could come under Code Enforcement as far as zoning or anything like that goes. Mr. Bobby Teague replied that he does not believe there is anything that gives them that power. The Property Maintenance Code regulates things like painting houses but he does not know that it really address things like graffiti, however, we do not have that Code adopted. City Manager provided information on the graffiti abatement program. City has spent $34,276 on abatement and received $2,828 in revenue. 291 graffiti cases were inspected by Code Enforcement and out of that number 194 cases were abated voluntarily without the City spending funds to do that; in 90 cases the City hired a contractor to take care of the graffiti. The good news is the ordinance is working; owners for the most part voluntarily complied. The bad news is that under the new legislation the City has to pay for it before we can take legal action; who would not take us up on that. There will be businesses that are good stewards that will volunteer to take care of their issues. We may have to judiciously apply this ordinance and allow some of these businesses to voluntarily take care of the graffiti, but there will be others who will not do anything. Under the new law we have to offer to do it for free. City Manager mentioned the dilemma being faced in the budget process. In his preliminary budget he has $37,000 budgeted for graffiti abatement but under this new law, that may not be enough. We can keep moving forward as we are and be judicious with our application and reserve our right to pay for graffiti abatement that is the most offensive and those that the visitors to the City will see and not be so aggressive to those that are hidden in a dark alley to make sure we have enough funds to get through the rest of the year. We are asking for direction from Council. Mr. Dave Clark informed that he had administered the Property Maintenance Code in other cities and a ramification is that folks still have to have the money to get that accomplished and it becomes just a big a problem. Many people do not have that funding. Mayor directed that the amount in that account be increased to $50,000 and monitor it through the year and see how we can find the other$13,000- $15,000. Councilor Ginnings referred to Councilor Barham's question on a property maintenance ordinance and asked that staff prepare an ordinance for Council to consider. Mayor Lyne suggested that statistics and cost involved be sent to our State Representative and our State Senator. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None City Council recessed at 9:40 a.m. and reconvened at 9:50 a.m. Item 9a was moved up and considered at this time. Item 9a RESOLUTION NO. 101-2009 Resolution Authorizing The City Manager To Execute All Documents Necessary To Accept An Unconditional Deed Transferring Lots 1 Through 7 Of Block F Of The R.E. Montgomery Second Subdivision, With Sculptures Affixed Thereto, From Wichita Falls Streams And Valleys, Inc. 647 Item 9a continued Moved by Councilor Elmore that Resolution No. 101-2009 be passed. Motion seconded by Councilor Hatcher. Property Manager Pat Hoffman suggested obtaining a title search on this property. Roby Christi, 3309 Cumberland, informed that their purpose in offering this property to the City is stewardship. Who knows what will happen in another 50 years and stewardship would be better served if the City has ownership. We have looked at the title but do not mind getting title insurance. Councilor Elmore expressed appreciation to Mr. Christi for everything he has done for this community. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8b ORDINANCE NO. 48-2009 Ordinance Rezoning Approximately 6.45 Acres Of Land Generally South Of Lake Wellington Estates, North Of Kell Boulevard, And West Of And Including Property Owned By Burlington Northern And Santa Fe Railroad Co., From Multifamily Residential And Single Family-2 To General Commercial, And Amending The Land Use Plan To Change The Area From Low Density Residential To Commercial Moved by Councilor Hatcher that Ordinance No. 48-2009 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 8c ORDINANCE NO. 49-2009 Ordinance Closing, Abandoning, And Vacating Melvina Street, Which Consists Of A 30 Foot Right-Of-Way That Is Approximately 510 Feet Long Beginning At The East Right-Of-Way Line Of Holliday Road And Continuing East To Holliday Creek Moved by Councilor Roberts-Burns that Ordinance No. 49-2009 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 648 Item 8d ORDINANCE NO. 50-2009 Ordinance Authorizing The City Manager To Execute All Documents Necessary To Accept $40,496 From The U.S. Department Of Homeland Security, Governor's Division Of Emergency Management, As Part Of The Federal Emergency Management Performance Grant (EMPG) Program, And Appropriating Said Funds To The Special Revenue Fund For Emergency Preparedness Moved by Councilor Barham that Ordinance No. 50-2009 be passed. Motion seconded by Councilor Hatcher. Councilor Hatcher stepped out of Council Chambers. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings and Elmore Nays: None Councilor Hatcher returned to Council Chambers. Item 8e ORDINANCE NO. 51-2009 Ordinance Authorizing The City Manager To Execute All Documents Necessary To Accept A Public Health Emergency Preparedness Grant In The Amount Of $165,188.70 To Support Public Health Emergency And Laboratory Preparedness And Said Amount Is Hereby Appropriated In The Special Revenue Fund For The Public Health Emergency Preparedness And Laboratory Preparedness Grant Moved by Councilor Roberts-Burns that Ordinance No. 51-2009 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 9b RESOLUTION NO. 102-2009 Resolution Awarding Bids For The Annual Supply Of Chemicals For Water And Wastewater Treatment to Various Vendors Moved by Councilor Roberts-Burns that Resolution No. 102-2009 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 649 Item 9c RESOLUTION NO. 103-2009 Resolution Authorizing The Officials Of The City Of Wichita Falls And The Wichita Falls-Wichita County Public Health District To Execute Interlocal Agreements With The Independent School Districts Of Burkburnett, City View, Electra, Iowa Park And Wichita Falls, For The Use Of Schools During Declared Public Health Emergencies Moved by Councilor Elmore that Resolution No. 103-2009 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 9d RESOLUTION NO. 104-2009 Resolution Awarding Bid For The 7th Street And Martin Luther King Boulevard And Southwest Parkway Median Rehabilitation Project (CWF09-100-22) To Scales Concrete Construction Company, Inc., In An Estimated Total Amount Of$110,512.00 Moved by Councilor Roberts-Burns that Resolution No. 104-2009 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 9e RESOLUTION NO. 105-2009 Resolution Awarding Bid for the Hike and Bike Trail Sanitary Sewer Realignment Project (CWF09-444-21) to Bowles Construction Company, in an estimated total amount of$66,452.00 Moved by Councilor Barham that Resolution No. 105-2009 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 9f RESOLUTION NO. 106-2009 Resolution Authorizing The City Manager To Execute A Professional Services Agreement For Engineering Services For The Quail Creek Drainage Improvement Project, Phase II (CWF10-552-05) With Proven Cornerstone Engineering, PLLC, In The Amount Of$106,300 Moved by Councilor Roberts-Burns that Resolution No. 106-2009 be passed. 650 Item 9f continued 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 9g RESOLUTION NO. 107-2009 Resolution Awarding A Bid For The Cypress Water Treatment Plant 2010 10 MGD Conventional Treatment Plant Project, (CWF07-544-06) To Archer Western Contractors In An Estimated Total Amount Of $42,686,000 Moved by Councilor Hatcher that Resolution No. 107-2009 be passed. Motion seconded by Councilor Ginnings. City Manager informed that they did not know if there would be sufficient bonds to fund the remaining projects. This $118 million bond issue was passed in 2000. Given this bid price we think we can fit this project and the one remaining, High Pressure Pump Station Project, into the $118 million bond issue and not have to search for additional funds and that does not leave much room for change orders for the future for this project. We are estimating the High Pressure Pump Station Project at $2-$2.5 million price range. The only project envisioned in 2001 that has not been built is the Re-use Project; it was the last project put out there but there are no funds to build the Re-use Project. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9h RESOLUTION NO. 108-2009 Resolution Determining The Necessity For The Acquisition Of Properties Located At 300 and 306 Scott Avenue For The Purpose Of Building A Downtown Transit Hub And Authorizing Purchase And/Or Condemnation Moved by Councilor Barham that Resolution No. 108-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 10a There were no Staff reports. ' 651 Item 10b Councilor Elmore referred to the budget and the shortfalls being faced and asked that staff look into the possibility of outsourcing our solid waste program if there is a financial benefit to our community. City Manager informed that staff has looked at that in the past and we can do a more formal study if Council wishes, but our preliminary look does not show that that would save the taxpayers money. In regards to the budget we are in a fortunate position with the Sanitation Fund, we are balanced; the two deficit funds are the General Fund and Water Sewer Fund, not the Sanitation Fund. He reminded that we transfer upwards to half a million dollars plus from the Sanitation Fund to the General Fund each year for street maintenance that we would loose if we got out of that operation. Councilor Elmore said that was not exactly the information he had received and he will pursue that. He would like to look at that and make sure there is not some significant benefit that can be achieved. Councilor Barham referred to the citizens who previously spoke at a Council meeting in regards to increasing our recycling efforts. Under the conditions that exist today our community does an admirable job of recycling. In my mind it does not make economical sense to attempt to do more than we currently do. There are two countries, Iceland and Norway that have less than 3.5% of our population and our size that have higher pounds per capita of trash every year. The demand for commodities like paper and glass has plummeted and the price for recyclables has fallen from $200/ton to $35/ton today. A lot of people say that recycling would give the City an additional revenue stream but it is obvious that it would be a great expense for us to go to recycling and would probably necessitate a tax increase to implement recycling. He read that Harvard University used to receive $10/ton for its recyclables every year but not has to pay $35/ton to get rid of them. The City of Wichita Falls is in great shape. He thanked the City Manager, his staff, and Public Works for their continued efforts to do what is in the best interest of our citizens and do what is right for our community in regard to recycling, etc. Councilor Barham informed that Leadership Wichita Falls is in the planning stages for its program next year. If anyone is interested in applying, go on line or contact me or Councilor Hatcher. Councilor Hatcher welcomed Mayor Lyne and Councilor Roberts-Burns back. He joked that the television ratings on the July 21 City Council meeting were extremely high. Councilor Hatcher referred to Councilor Elmore's comment about outsourcing solid waste and said lets take a look at that and the flip side of that; if it is that good a deal let's do it and maybe take their trash. Let's look at every thing possible. City Manager stated that we have a project that is looming that he thinks will come to fruition —methane to energy project at our landfill. If we get out of that business we would also give up that revenue potential. Councilor Ginnings said he wanted to say some things when Mrs. Sutton was before Council because it seemed it would be appropriate to answer. His review of the City Attorney's memo regarding the questions raised by Mrs. Sutton: 1) we can charge for mowing, 2) we can charge interest at 10%, 3) we are not prohibited from compounding the interest, and 4)we are not subject to statue of limitations. That is for her and the public. Councilor Ginnings commented that the public knows we are in litigation with MW Builders in state and federal court, and the City Attorney informed Council in a memo that the federal case has been dismissed. It was dismissed largely at the efforts and expertise of our Assistant City Attorney Julia Vasquez. According to the City Attorney, her opponent, plaintiff's attorney, was one of the best in the state and her arguments prevailed over the "best of the best". I think that is commendable; she has always done a good job and this is an exemplary job. Councilor Ginnings asked if a final determination had been made on the power failure at the Central Dispatch. City Manager informed that we are still working through that process. We are going to set a day aside when call volume is lowest where we can duplicate that situation to troubleshoot it. 652 Item 10 continued Councilor Ginnings stated that Matt Benoit will be missed and the City will miss his good spirit and good work. I suppose this means when the City Manager is away... City Manager stated that Jim Dockery will be in charge. City Manager informed that he will be out September 15 and Jim Dockery will sit in for him. Councilor Smith asked about the Armory Reserve Center Project. Mr. Dave Clark informed that they have received all the approvals and at this point are waiting until the Army gives it up. We have done all we can do. City Manager added that that unit is moving up to Ft. Sill and they have to build facilities for that and a lot of other things. They probably will not relocate until that point and that is what is holding it up. All the paperwork and decision by the Federal Government to donate that facility to us has been decided. Councilor Smith stated that the City is getting ready for Hotter'N Hell Hundred. Does the City go out in the downtown area and clean up, spill up? City Manager informed that we will do that on public property whether the event is here or not. We do not go on to private property but we can watch for private property that is out of compliance say with weed ordinance and make sure we step up Code Enforcement efforts to make sure the property owner takes care of it we still have time to cut the weeds and grass. Councilor Smith referred to the Arts Commission report and thanked them for compiling that information. He stated that as we would with any other information we need to see if we are comparing apples to apples. Some of that information is from cities that do not do the same thing with their hotel motel tax money as we do. It is good information to consider for next year's budget not this budget coming up. We need to review that information at our next Strategic Planning meeting in January 2010. Councilor Smith mentioned the graffiti issue and stated that it is a sad day when what we want to do for our City and our citizens gets rear ended by a governmental edict like has happened. I am not sure those that brought this legislation forward and then got support for it was maybe a last minute situation as so often happens. It got passed our radar screen and our organization did not tell us to be looking for this. I would ask that City staff, without spending a lot of time and effort, review this Property Maintenance Code. Would there not be and see if there would be a way to have selective enforcement of sections of a Property Maintenance Code that would lead us to the same end to not have our City marred and defaced, looking bad from this kind of vandalism. Think about this. Let's think outside the box, maybe there is something out there. There are probably other meetings saying the same thing on how to make this work and be feasible in our budget. We may hear more about this at our annual TML meeting. Councilor Smith reminded everyone that Museum Day in Wichita Falls will be held Saturday, September 12 from 10 a.m. to 4 p.m. All museums and other participating fine arts facilities will have free admission. There will be many special offerings that day. Shuttle will run in the downtown area that day. Mark that on your calendars. This event will be followed starting at 4 p.m. by the Downtown Associations' Wine, Art and Shrimp Festival at the Kemp Center for the Arts. Mayor Lyne stated that our buses look great now that we are starting to get wrapped and that is good revenue for the City. It is eye catching advertising and should be working for those who have it, Kiowa and Midwestern State University. I am sure there will be others that will come on board. Items 11, 12, and 13 City Council went into Executive Session at 11:40 a.m. in accordance with Texas Government Code Sections 551.071, 551.072 and 551.087 At 12:09 p.m. in open session, Mayor Pro Tern Hatcher announced that City Council would temporarily recess from Executive Session. City Council returned to Executive Session at 12:20 p.m. City Council reconvened at 12:43 p.m. ► 653 Items 11, 12, and 13 Mayor Pro Tern Hatcher stated that no votes or poles were taken in Executive Session City Council adjourned at 12:44 p.m. PASSED AND APPROVED this l�day of 2009. MA OR ATTEST: ydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, August 4, 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 John Edwards Wesley United Methodist Church (b) Pledge Of Allegiance 3. Presentations (a) Employee Of The Month — Jon Michael Challis, Police Dept. (b) Arts Commission on Funding 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 July 21 , 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolution Granting Extended Reservation Privilege To The Lamar Baptist Church To Use A Soccer/Football Field In Lake Wichita Park from September 12, 2009 to October 31 , 2009 (Council Bill # 151) 7. Receive Minutes (a) Zoning Board of Adjustment, May 20, 2009 (b) Board of Adjustment, June 17, 2009 (c) Landmark Commission, June 23, 2009 City Council Agenda Tuesday, August 4, 2009 Page 2 (d) MPO Transportation Policy Committee, April 22, 2009 (e) MPO Transportation Policy Committee, May 28, 2009 REGULAR AGENDA 8. Ordinances (a) Ordinance Amending Sections 78-124 Through 78-127 Of The Wichita Falls Code Of Ordinances To Modify The City's Graffiti Removal Program And Providing A Penalty Of Up To $500 Upon Violation (Council Bill # 152) (b) Ordinance Rezoning Approximately 6.45 Acres Of Land Generally South Of Lake Wellington Estates, North Of Kell Boulevard, And West Of And Including Property Owned By Burlington Northern And Santa Fe Railroad Co., From Multifamily Residential And Single Family-2 To General Commercial, And Amending The Land Use Plan To Change The Area From Low Density Residential To Commercial (Council Bill # 153) (c) Ordinance Closing, Abandoning, And Vacating Melvina Street, Which Consists Of A 30 Foot Right-Of-Way That Is Approximately 510 Feet Long Beginning At The East Right-Of-Way Line Of Holliday Road And Continuing East To Holliday Creek (Council Bill # 154) (d) Ordinance Authorizing The City Manager To Execute All Documents Necessary To Accept $40,496 From The U.S. Department Of Homeland Security, Governor's Division Of Emergency Management, As Part Of The Federal Emergency Management Performance Grant (EMPG) Program, And Appropriating Said Funds To The Special Revenue Fund For Emergency Preparedness (Council Bill # 155) (e) Ordinance Authorizing The City Manager To Execute All Documents Necessary To Accept A Public Health Emergency Preparedness Grant In The Amount Of $165,188.70 To Support Public Health Emergency And Laboratory Preparedness And Said Amount Is Hereby Appropriated In The Special Revenue Fund For The Public Health Emergency Preparedness And Laboratory Preparedness Grant (Council Bill # 156) 9. Resolutions (a) Resolution authorizing the City Manager to execute all documents necessary to accept an unconditional deed transferring Lots 1 City Council Agenda Tuesday, August 4, 2009 Page 3 through 7 of Block F of the R.E. Montgomery Second Subdivision, with sculptures affixed thereto, from Wichita Falls Streams and Valleys, Inc. (Council Bill # 157) (b) Resolution Authorizing Award Of Bid To Various Vendors For The City's Annual Supply Of Chemicals For Water And Wastewater Treatment (Council Bill # 158) (c) Resolution Authorizing The Officials Of The City Of Wichita Falls And The Wichita Falls-Wichita County Public Health District To Execute Interlocal Agreements With The Independent School Districts Of Burkburnett, City View, Electra, Iowa Park And Wichita Falls, For The Use Of Schools During Declared Public Health Emergencies (Council Bill # 159) (d) Resolution Awarding Bid For The 7th And Martin Luther King Boulevard And Southwest Parkway Median Rehabilitation Project (CWF09-100-22) To Scales Concrete Construction Company, Inc., In An Estimated Total Amount Of $110,512.00 (Council Bill # 160) (e) Resolution Awarding Bid For The Hike And Bike Trail Sanitary Sewer Realignment Project (CWF09-444-21) To Bowles Construction Company, In An Estimated Total Amount Of $66,452.00 (Council Bill # 161) (f) Resolution Authorizing The City Manager To Execute A Professional Services Agreement For Engineering Services For The Quail Creek Drainage Improvement Project, Phase II (CWF10-552-05) With Proven Cornerstone Engineering, PLLC, In The Amount Of $106,300 (Council Bill # 162) (g) Resolution Awarding A Bid For The Cypress Water Treatment Plant 2010 10 MGD Conventional Treatment Plant Project, (CWF07-544-06) To Archer Western Contractors In An Estimated Total Amount Of $42,686,000 (Council Bill # 163) (h) Resolution Determining The Necessity For The Acquisition Of Properties Located At 300 and 306 Scott Avenue For The Purpose Of Building A Downtown Transit Hub And Authorizing Purchase And/Or Condemnation (Council Bill # 164) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Executive Session in accordance with Texas Government Code § 551 .071 , consultation with attorney on matter involving pending or City Council Agenda Tuesday, August 4, 2009 Page 4 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, Greg Muehlbauer v. City of Wichita Falls, Marquardt v. City of Wichita Falls, DTC, LLC v. City of Wichita Falls, and all other cases currently pending against the City in state and federal court). 12. 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 purchase and/or value of various real property interests in the vicinity of the business park, airport, and Scott Street) 13. Executive Session in accordance with Texas Government Code § 551 .087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, potential incentives for an aircraft development and manufacturing company). 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, August 4, 2009 Page 5 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, August 4, 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. AMENDMENT TO REGULAR AGENDA 13. Executive Session in accordance with Texas Government Code § 551 .087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, potential incentives for a biodiesel plant and an aircraft development and manufacturing company). 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. 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