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Min 12/16/2008 482 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 16, 2008 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 Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Reverend Liz Talbert, Associate Pastor of Floral Heights United Methodist Church, gave the invocation. Item 2b Councilor Hatcher led in the Pledge of Allegiance. Item 3 Liz Talbert. 6217 Kovarik Road, asked Council to consider assisting persons who have been incarcerated and need help in restarting their lives. She asked that the City provide day bus passes to these persons to get to the necessary locations such as Texas Department of Public Safety, Social Security Office, and Texas State Optical. Mayor asked her to contact Mr. John Burrus so he can pass the information to Council. Item 4 Minutes of the December 2, 2008 Council meeting were approved as distributed. Item 6d was moved up and considered at this time. 483 Item 6d RESOLUTION NO. 179-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING CONSTRUCTION MANAGER AT RISK SERVICES TO ELECTRA CONSTRUCTION CORPORATION, INC. FOR CONSTRUCTION OF THE WICHITA FALLS FIRING RANGE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 179-2008 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 5a ORDINANCE NO. 79-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTIONS 78-116 THROUGH 78-127 OF THE CODE OF ORDINANCES RELATED TO GRAFFITI; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Ordinance No. 79-2008 be passed. Motion seconded by Councilor Smith. Mr. Dave Clark requested that Sec. 78-127(b) be amended by replacing the "Building and Code Administrator" with "Property Administrator or his/her designee". City Attorney clarified that this ordinance would apply to existing as well as future graffiti. Council discussed the proposed ordinance at length with Council members expressing their concerns and opinions on the proposed fee and the need for citizens as well as City employees to be more vigilant and report violations. It was expressed that graffiti was gang related and continued pressure should be placed on that issue as well as cleaning up the graffiti as soon as it is reported or noticed. It was also noted that the City needs to take the initiative to rid itself of what gives us a bad image. Rick Graham, 1347 Saratoga Drive, has numerous properties in Wichita Falls and he proposed a zero tolerance on graffiti. Moved by Councilor Smith to amend the proposed ordinance by lowering the $50 fee to $25. Motion seconded by Councilor Roberts-Burns. Cynthia Laney, Downtown Wichita Falls Director, stated that their organization is in full support of this ordinance. Motion on the amendment failed by the following vote. Ayes: Councilors Barham, Smith, Roberts-Burns, Nays: Mayor Lyne and Councilors Hatcher, Ginnings and Elmore Councilor Ginnings called for the question. 484 Moved by Councilor Barham to amend Section 78-127(b) by replacing "Building and Code Administrator" with "Property Administrator or his/her designee". Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None Councilor Ginnings called a point of order and asked that his call for the question be dealt with. Councilor Ginnings called for the question. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Councilors Barham, Smith, Roberts-Bums, and Ginnings Nays: Mayor Lyne, Councilors Hatcher, and Elmore Main motion was considered with the amendment. Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None Councilor Smith pointed out that a citizen can pay for this fee by adding it to their water bill. City Attorney clarified that legally it can be done but for practical purposes that would have to be worked out. City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m. Item 5b ORDINANCE NO. 80-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTIONS 90-66 AND 90-225 LIMITING COMPOST DISTRIBUTION TO YARD WASTE DISPOSAL PARTICIPANTS DURING FREE GIVE-A-WAYS AND INCREASING VENDOR COMPOST PURCHASE RATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Ordinance No. 80-2008 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 6a was moved up and considered at this time. Item 6a RESOLUTION NO. 176-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A 485 , Item 6a continued RENEWAL TO AN AGREEMENT WITH AETC HOUSING L.P. THAT PROVIDES MUNICIPAL SERVICES AS PART OF THE MILITARY HOUSING PRIVATIZATION INITIATIVE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 176-2008 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 5c ORDINANCE NO. 81-2008 ORDINANCE AMENDING THE 2007-08 BUDGET IN VARIOUS FUNDS AS PART OF THE 2007-08 FISCAL YEAR END CLOSING PROCESS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Ordinance No. 81-2008 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 6b RESOLUTION NO. 177-2008 RESOLUTION TO INCREASE THE LONG-TERM PARKING RATE FROM $2.00 TO $3.00 AT WICHITA FALLS MUNICIPAL AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 177-2008 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 Councilor Hatcher suggested that the height of the pay gate be increased to accommodate larger vehicles. Item 6c RESOLUTION NO. 178-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN EXPENDITURE BY THE WICHITA 486 Item 6c continued FALLS POLICE DEPARTMENT FROM THE SEIZED FUNDS ACCOUNT FOR A ONE-TIME EXPENDITURE OF $29,417.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 178-2008 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 6e RESOLUTION NO. 180-2008 RE$ ITN APPROVING THE TRANSFER OF VARIOUS AGED RECEIVABLE ACCOUNTS TO DORMANT STATUS AS PART OF THE CITY'S FISCAL YEAR END CLOSING PROCESS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 180-2008 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 6f RESOLUTION NO. 181- 2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AMEND JOINT FUNDING AGREEMENT FOR WATER RESOURCE INVESTIGATIONS, NUMBER 09C4TX039000000, WITH THE U.S. GEOLOGICAL SURVEY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 181-2008 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 7a Kevin Pearson, Vice President, Economic Development Board of Commerce and Industry gave a presentation on the efforts to stimulate entrepreneurship in Wichita Falls. A copy of this presentation is attached hereto as Exhibit A. Vanda Wright, Director of Dillard College of Business Administration, MSU, L.O. Nelson, Assistant Director, SBDC, and Dr. Jeff Stambaugh, Director, Lalani Center for Entrepreneurship, College of Business Administration, MSU, were also present and participated in this presentation. r , 487 Item 7b Councilor Smith asked for the possibilities of having a "City Hot Line" for all but emergency calls. City Manager said staff has looked into that before we did our new website and new City Access, and it was pretty expensive, but we will look into that again. Our website has been redesigned and it is pretty easy to find what you are looking for but there is always room for improvement. Councilor Smith mentioned a letter in the paper regarding the Falls Flyover which was pretty negative, and requested that updates received from TXDOT be put out to the citizens. Councilor Smith asked if we had rules on use of cell phones for employees driving a City vehicle. City Manager replied that we do not have anything formal but we do encourage them to use those cell phones safely and pull over. Mr. Dockery said that staff will continue to look into that. Councilor Smith read in the newspaper that there was some thought about what the City might or might not do with Lake Ringold. This is a communication issue and the more information we can get out to the citizens the better; it will help to keep people from being overly negative. Councilor Smith asked for a copy of the 100 year map that FEMA is going to redo. Public Works will provide that to Council. Councilor Smith wished everyone a Merry Christmas and a happy and safe New Year. Councilor Ginnings referred to the letter on Lake Ringold and agreed that we need to examine all the issues; other comments in that letter really are not relevant to the situation. There seems to remain with many people that some kind of water right goes with ownership of land but that is not true, however we are going to look at everything. The right course will be determined and acted on. Councilor Ginnings commended Police Chief Bachman for his expeditious implementation of the Multi-Housing Crime Training, and asked how many apartment managers attended? Chief Bachman replied that the first session was not well attended because of scheduling problems but the rest of the sessions were very well attended and we had very good comments. He will provide a detailed report to Council. Councilor Ginnings commented that the Ordinance requires Level 1 Training to be in the business. Chief Bachman concurred and stated that all of the managers are very willing to attend the training. Councilor Ginnings commented on something that came up and he wanted to emphasize citizen awareness. A citizen noted a problem with access in his alley and he also noted some problems with our fire trucks getting down that alley, and the solution was very simple. Here is someone who saw something and brought it up and it was easy to fix. Citizen awareness and responses are very essential and it works. Councilor Ginnings asked staff if we couldn't do more to clean up the alleys and streets downtown. Councilor Ginnings asked staff to review the relevancy of the qualifications on the Water Resources Commission. He felt that with motivated and educated individuals if there was a need for technical input they would require it and ask for it. These qualifications hinder filling vacancies. One example is the requirement for an irrigator; he did not think this qualification was needed. Chief Bachman provided the attendance on the Multi-Housing Criminal Training sessions. Attendance was 53 out of approximately 150 apartment managers. Councilor Ginnings asked if our current Sex Offender Ordinance could be revisited to eliminate the grandfather defense or would there be a window to address that when a renter or lessee lease expired. 488 Item 7b continued City Attorney replied that the answer to the second question is "perhaps" since they do not have a property interest at that point. In response to the first question he informed that when the sex offender ordinance went up through the Georgia Supreme Court it was struck down because it did not grandfather existing occupancy or residency. We will go back and look at that again. Councilor Hatcher stated that he absolutely has been and will continue to be strongly opposed to graffiti. Zero tolerance is good and is the way to go; let's go fight that battle. My reservations about doing an ordinance the way we did it stems from the idea that we already fund the Police force and given the appropriate tools, like cameras and other things, they can handle this situation without potentially increasing our budget to handle it. I am 100% against graffiti and that is why I supported the vote although I had indicated I would not. Councilor Hatcher wished everyone a Merry Christmas. Councilor Hatcher noticed that Fire Station No. 8 looked like it was pretty near completion and he hopes we can move the firemen in there soon. Councilor Hatcher stated to the people in Colonial Park that we are getting closer and related to that, all the lighting on Taft Street is going to be delayed a little bit but the old lighting may be hooked up in a short time while we resolve the issue on the new lighting which was not our fault, it was a TXDOT issue. Councilor Hatcher asked if the City has an agreement with the cable company. City attorney replied that they have a franchise with us that will expire in 2010, but it is not exclusive to them. Councilor Barham wished staff and the citizens a Merry Christmas and a Happy New Year; be safe in the holiday season and be responsible with what you are doing during New Year's eve. Councilor Elmore gave an update on the newspaper vendor that had collapsed on the median. He had a seizure but he is doing well. Councilor Elmore stated that Loop 11 is great and we are very pleased. There is a lot of traffic going through there and the only problem is that Airport Drive from City View to Loop 11 is full of potholes. Councilor Elmore wished staff and everyone in the community a Merry Christmas and a Happy New Year. Councilor Roberts-Burns stated that complaints continue about the train stopping on 7th Street; the train is staying longer and more often. She asked that Legal talk to Burlington Northern again. City Attorney stated that the National League of Cities was going to take that up at the Congressional level to try to get some relief and get us some authority but we do not have any authority at all. Councilor Roberts-Burns thanked the Mayor, Councilor Barham, and those who attended the District 2 Town Hall meeting; it was a very cold night. Councilor Roberts-Burns wished everyone a Merry Christmas and a Happy New Year. Mayor Lyne wished everyone a Merry Christmas and Happy Holidays and a good New Year. Councilor Ginnings said that he had not wished everyone a Merry Christmas but he wanted to do that now. He wished everyone a Merry Christmas. Items 8 and 9 City Council went into Executive Session at 12:10 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 12:27 p.m. Mayor announced that no votes or polls were taken during Executive Session. 489 Item 10 Moved by Mayor Lyne to appoint Mr. Tim Short to the Construction Board of Adjustments and Appeals, Place 7, with term to expire December 31, 2010. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None City Council adjourned at 12.30 p.m. PASSED AND APPROVED this _day of 2009. MAY R ATTEST: L dia Ozuna ity Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, December 16, 2008 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 Liz Talbert, Associate Pastor Floral Heights United Methodist Church (b) Pledge Of Allegiance 3. 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. 4. Approval Of Minutes Of December 2, 2008 Regular Meeting Of The Mayor And City Council. REGULAR AGENDA 5. Ordinances (a) Ordinance Amending Sections 78-116 Through 78-127 Of The Code of Ordinances Related To Graffiti (Council Bill #265) (b) Ordinance Amending Chapter 90 Of The Sanitation Code To Limit Compost Distribution To Yard Waste Disposal Program Participants During Free Give-A-Ways and Adjust Vendor Compost Purchase Fees (Council Bill #266) (c) Ordinance Amending The 2007-08 Budget In Various Funds As Part Of The 2007-08 Fiscal Year End Closing Process (Council Bill #267) City Council Agenda Tuesday, December 16, 2008 Page 2 6. Resolutions (a) Resolution Authorizing The City Manager To Execute A Renewal To An Agreement With AETC Housing L.P. That Provides Municipal Services As Part Of The Military Housing Privatization Initiative (Council Bill #268) (b) Resolution To Increase The Long-Term Parking Rate From $2.00 To $3.00 At Wichita Falls Municipal Airport (Council Bill #269) (c) Resolution Authorizing Expenditure By The Wichita Falls Police Department From The Seized Funds Account In The Amount Of $29,417.00 (Council Bill #270) (d) Resolution Awarding Construction Manager At Risk Services To Electra Construction Corporation, Inc. For Construction Of The Wichita Falls Police Firing Range (Council Bill #271) (e) Resolution Approving The Transfer Of Various Aged Receivable Accounts To Dormant Status As Part Of The City's Fiscal Year End Closing Process (Council Bill #272) (f) Resolution To Amend A Joint Funding Agreement For Water Resource Investigations With The U.S. Geological Survey (Council Bill #273) 7. Other Council Matters (a) Staff Council Discussion 1) Presentation By The Board Of Commerce And Industry On Efforts To Stimulate Entrepreneurship In Wichita Falls (b) Discussion Of Items Of Concern To Members Of The City Council. 8. Executive Session For Deliberations Regarding The Employment Of The City Attorney As Authorized By Section 551.074 Of The Texas Government Code 9. Executive Session To Consider Qualifications Of Possible Appointees To The Construction Board of Adjustments & Appeals As Authorized By Section 551.074 Of The Texas Government Code. 10. Open Session: Appointments To The Construction Board of Adjustments & Appeals 11. Adjourn City Council Agenda Tuesday, December 16, 2008 Page 3 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