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Min 11/18/2008 ,460 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 18, 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 Glenn Barham - Councilors Michael Smith - Rick Hatcher - Jim Ginnings - Charles Elmore - Dorothy Roberts-Burns - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Reverend Alice Hupp, Pastor of Park Place Christian Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Leslie Morrison, 2012 Huff Street, working with Environment Texas and they are working on a Solar and Energy Efficiency Campaign for the next Legislative Session. Texas has a potential to be a world leader in solar energy, and even if we tap into just a fraction of our solar energy we can become more energy independent and improve our environment, improve pollution and health, create jobs, and lower our electricity bills. It is important that you start thinking about this. She will be contacting Council members individually to discuss their platform and ask for their support in this effort. Item 4 Minutes of the November 04, 2008 regular meeting were postponed until the December 2, 2008 Council meeting. 461 Item 5 City Manager 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 Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None RESOLUTION NO. 168-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6a-6c Minutes of the following Boards and Commissions were approved. (a) 4B Sales Tax Corporation, September 4, 2008 (b) Civil Service Commission, October 10, 2008 (c) Traffic Safety Commission, October 1, 2008 Item 7a A public hearing was held to determine if certain buildings and/or structures to be dangerous. Mayor declared the public hearing open. Mr. Dave Clark, Community Development Director explained the process staff had followed to get to this point. Councilor reviewed each items and heard the following requests for extensions on the items as listed below. Item 6, 618 6th Street (Commercial), Albert Jimenes, 2934 Moffett, stated that the taxes were paid and he will check with the County on that. He requested additional time to rehab the structure. He plans to open a small store there. His partner, Henry Perez, is a contractor and together they plan to work on this. Councilor Ginnings commented that there was serious junk out there and asked if he plans to clean that up. Mr. Jimenes replied in the affirmative and explained that homeless people go into the structure and keep bringing junk in there but he has cleaned it up several times. He stated that he will be working at Certainteed until the end of this year and will be laid off at the end of the year and he plans to work on this full time at that point. His partner wants to begin working on it November 24, 2008. Councilor Elmore would agree to an extension if the property was cleaned up and secured. Councilor Ginnings suggested that this be considered by Council at the first meeting in January, 2009. Mr. Clark stated that Council had the option instead of bringing it back the first meeting in January to require that Mr. Jimenes obtain a Restoration Permit by the first meeting in January and that he be given an additional 120 days after that to do substantial completion. That will accomplish the task. Councilor Elmore suggested giving him until the first meeting in January 2009 and then 120 days after that. He will be required to have the property cleaned and secured in that . • .462 Item 7a continued time frame. Mayor reminded Council that Mr. Jimenes had said he would begin cleaning it up November 24, 2008. Item 1 - 12 Farris Street, Kevin Ernest Nelson, owner, said he had been working on the place to tear it down, but is willing to have the City tear it down. Mr. Clark stated that they could leave it on the demolition list and that will take care of it. Mayor explained that the City would tear it down and place a lien on it. Mr. Nelson agreed. Item 7 - 3200 Birch, Baker Garrett enterprises, Inc. is the owner. Mr. Garret submitted a letter to Council expressing his desire to begin cleaning it up before January 1, 2009. It was suggested that the same extension of time that was given to Mr. Jimenes be given to Mr. Garrett. Councilor Ginnings had spoken with Mr. Garrett, and he stated that the property is in a nice area and can be rehabbed. He asked that Council consider allowing him time to rehab the structure. Councilor Ginnings commended the staff because they have been very compassionate with Mr. Garrett and have tried to help him in this. Item 8 - 1626 Collins (main and accessory structure), Judith A. Hudson, owner, informed that she had put new roofs on both structures and has hired Ricky Murchison Contractor to begin working on it next week. He will get a permit at the end of this week or next week. She is in the process of paying the back taxes now. Council agreed to allow 30 days to obtain a Restoration Permit and 120 days and Council will follow up in January, 2009. Item 9 - 302 Polk (main and accessory structure), Mark E. Pinson, owner, stated that they are going to obtain a permit to tear it down. They are going to tear it down and they already have a crew out there. Mr. Clark informed that under the process he has 30 days to tear it down. Item 10 -4140 Burkburnett (commercial), DTC LLC are the owners. Councilor Hatcher informed he has been in contact with the owners and they intend to tear the structure down and plan to put in storage units. Councilor Hatcher stated that the owner is very reputable and he will do what he says he will do. He will have it down by the first of the year. He has only owned it for one year. Mayor stated that it be left as is on the demolition list. Mr. Clark stated that they will work with the owners. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7b ORDINANCE NO. 72-2008 ORDINANCE FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; REQUIRING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY; 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. 72-2008 be passed with the following extensions. Owners of properties located at 618 6th Street, 3200 Birch Street, and 1626 Collins Street were allowed until January 5 to obtain a Restoration Permit and an additional 120 days for substantial completion. It was noted that if owners do not accomplish this in that time frame structures will be demolished. 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 463 „ Item 8 ORDINANCE NO. 73-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES BY ADDING ARTICLE XII, EXISTING BUILDING CODE; 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. 73-2008 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 Item 8b ORDINANCE NO. 74-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE NO. 37-2008 TO GRANT ADDITIONAL TIME FOR THE OWNER OF THE PROPERTY AT 1004 WOODS STREET TO REHABILITATE THE STRUCTURE; DECLARING AN EMERGENCY; 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. 74-2008 be passed. Motion seconded by Councilor Hatcher. Mr. Dave Clark informed that no work has been done so the City authorized a demolition contract and it was awarded. Anna Bell Stephen, currently resides at 1307 Central Freeway East, is the owner of 1004 Woods, and informed that she had a situation with her daughter and was unable to proceed with the work. She asked for an extension so she can get some money together. She would like until the first of the year to begin working on the Structure; she can obtain a permit before the end of this year. Mayor asked if she would need a contractor. Mr. Clark replied that she would need a contractor. Mr. Clark went out there yesterday to look at the property and one of the neighbors expressed concern that it might be taken off the demolition list and was concerned about the maintenance of this property. Councilor Ginnings asked if part of the problem was that she does not have a place to keep her things in that house. Ms. Stephen replied that she only wants to keep some of those things and she will get rid of the rest. She is willing to clean the inside of the house as well as the yard, move the panel truck, and secure the structure with ply boards. She wants to move back into her house at 1004 Woods and give her daughter privacy. Councilor Ginnings asked her if it would not be easier for her to get an apartment instead of spending thousands of dollars to work on this structure. What do you plan to do with the asbestos siding? Ms. Stephen replied that she plans to take that down and put vinyl siding. Councilor Ginnings stated that she has not be able to keep the grass mowed and has a junked vehicle there, and asked her how she was going to do this if she cannot do the minimal . Ms. Stephens replied that she has her husband's best friend who is willing to help her do the yard work. Councilor Ginnings asked about the demolition contract that has been issued. Mr. Clark replied that she did not seek a Restoration Permit and if it has .464 Item 8b continued not been obtained within the time given by Council and we have not heard from the property owner we order the demolition. The contract would have to be negotiated with the demolition contractor to see if they would let that out or require some kind of payment. Councilor Elmore mentioned that he had talked to the contractor and he wants the van in lieu of contract. If Ms. Stephan wants to fix the house and has the capability to do that, Council would require that she obtain the Restoration Permit by January 5 and have substantial completion within 120 days. The demolition contractor was not ready to start on this demolition and he would pass on this particular contract if Council agrees. Mr. Bobby Teague added that the contractor also required that it not to go back through the bidding process. Councilor Roberts-Burns agreed to an extension if she gets the yard cleaned up very soon, front and back and the house rehabbed. It makes the rest of the neighborhood look bad. Councilor Ginnings stated that there is more than just weeds and grass. He asked her what kind of a commitment on the junked vehicle. Ms. Stephen replied that she plans on moving it from the property and getting rid of it. Councilor Ginnings said that two days would be enough to get that done, including mowing the grass; she did not need until January 5 to do that. Ms. Stephen agreed that she could get that done this weekend. Councilor Ginnings informed that he had gone out there and a neighbor spoke with him and they are pretty frustrated about this. I am always glad to give someone that is willing to make a commitment an opportunity, but we have to see progress or we are not being fair to the rest of that neighborhood and they have a right to have a neat neighborhood maintained. Life's circumstances can deal us some bad events but we are responsible for what we have and what is ours. We cannot live our life on excuses because it affects other people. If we do this and I will support it, but on January 6 1 already know what my answer is if this has not happened. Councilor Elmore said he had spent time with Ms. Stephen and she knows she had an opportunity and she let it get away but if we give her this one and nothing happens it is gone; there is no question. City Clerk clarified that a yes vote would authorize Ms. Stephan until January 5, 2009 to obtain a Restoration Permit and an additional 120 days for substantial completion. Mayor concurred. Motion carried by the following vote. Ayes: Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: Mayor Lyne Item 9a RESOLUTION NO. 169-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE SCOTT STREET/WARREN STREET INTERSECTION RECONSTRUCTION PROJECT — CWF09-552-04; 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. 169-2008 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 465 Item 9b RESOLUTION NO. 170-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REPLACEMENT OF FAILING CELLS WITHIN ONE OF THE VARIABLE FREQUENCY DRIVES AT LAKE ARROWHEAD; 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. 170-2008 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 9c RESOLUTION NO. 171-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO PURSUE EFFORTS TO SELL LAND OWNED BY THE CITY AT THE LAKE RINGGOLD SITE, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 171-2008 be passed. Motion seconded by Councilor Ginnings. City Attorney explained that this Resolution would authorize the City Manager and Staff to proceed to begin marketing this property by obtaining an appraisal, having a discussion with the Boddy Family as to their intent for this property. Also, obtain direction from Council as to how you want to have the property marketed if you decide in the future to sell it. Councilor Barham stated that he was not convinced that at this point we need to sell this property but agrees to the appraisal and talking to the Boddy family. City Manager added that we will be contacting other water district utilities to see if there is any interest on their part. All that will be a part of the marketing plan and before this is actually sold we would come back to Council with the price and terms. You taking action this morning does not lock us into selling it. Basically, this would authorize me to start the process to get the information together that we need. Councilor Ginnings pointed out that the City Manager mentioned that a survey would be made of entities to determine what if any interest exists to building a lake out there. There have been a number of property sales out there and he suggested that staff contact those brokers that handled those sales to get input from them. I am in favor of proceeding with this on the terms that have been expressed. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None •466 City Council recessed at 10:40 a.m. and reconvened at 10:55 a.m. Item 10(a)(1) A discussion on the $3 yard waste charge was held. Councilor Elmore informed that he had received calls, comments and concerns about this fee. I understand this was our attempt to help balance the budget but when I look at it, there is a very limited amount of money involved. I have had real concern from the public. I am a staunch recycler and I would like to see the City recycle everything. My concern is that we are going to lose recycling rather than gain from this. If we could take the money and add additional products to our program; we are not going to do a house to house pick up of other products. At this time I need additional information of how many of these carts have been returned and how many are still out there. Do we still have a waiting list now? Mr. David Lehfeldt informed that we have not had a waiting list for the last year or so. We have 7,894 participants in the program and have lost 1,125 customers since the middle of September, or 10% of our customer base. We do not know how much of that 10% is based on the fee; there have been a variety of reasons given such as "it is not the fee but the principle", "I can't afford it", "I never used it". On the flip side, we have had some citizens call in and say they did not know about the program so we have gained some customers. Another thing we discovered is that some thought it was an alternative trash can and we have had serious contamination and working to get those out of our organics recycling; the State is involved telling us how bad the contamination issue is. It is a recycling container but we do not recycle aluminum and plastics or some of the other things. Councilor Elmore asked how many carts we had available. Mr. Lehfeldt replied that probably around 1100. Councilor Elmore said that he was concerned with the $3 charge and thought it would help us but I don't know if it helped or hurt us. We have not given it a long term opportunity yet, but I am concerned about it. City Manager reminded Council that they had discussed this fee at budget and explained how they had settled on the $3 charge; if Council wants to eliminate the fee you will have to add the 2% rate increase across the board to sanitation customers. He mentioned a citizen's suggestion of allowing yard waste customers to receive the compost free. City Manager suggested referring those who are not paying the $3 fee to the vendors that purchase the compost from the City. I am hesitant to eliminate the $3 fee because we have just begun the program and we are sending out a wrong message to the public that recycling is free. He added that curbside recycling carries a hefty price. Our true cost to operate that recycling is approximately $6 so we are only covering half of our cost with the $3 charge. Susan Koch, 1605 Buchanan, stated that she was very concerned about recycling and this issue. I do not think we have given this program a chance. Also, the first time she called the City she was discouraged but on the second call she was very encouraged. She suggested advertising this program and putting the information on the utility bills. She mentioned dumpster concerns with people from other areas putting their trash in their dumpster. If we recycled we would not have these problems because we would not have all the trash. She suggested a central location for recycling other products, not curbside because of the cost. We need to educate the citizens. Lynette Boddy, 6735 Southwest Parkway, stated that eliminating the dumpsters will not eliminate the problem. She is a business owner and you are not going to eliminate my problem. She gets a lot of stuff in the dumpster she uses. Mr. Lehfeldt gave a list of recyclables and locations where they are accepted by the City. Councilor Ginnings asked if there was a roll-out that is compartmentalized. Mr. Lehfeldt replied in the affirmative and explained noting that it was a very expensive process because of the cost of the required equipment. 467 Item 10(a)(1) continued Councilor Elmore agreed that the real problem is when you put something in plastic and do not dump the product out of the plastic when placing it into the yard waste cart. He stated that he is all for recycling and would like to see us get heavily into that. At this time we need to let the program run for a while to see what we can do with it. I am concerned that some people have backed away from the situation. It was not our intent to curtail recycling in Wichita Falls' hope the public realizes we have to recycle. Mayor Lyne said he would be in favor of amending that ordinance to allow the people who pay the fee to receive the compost at no charge only. Councilor Smith supported that and said he would like to look at avenues to extend our recycling efforts. We need to give some value for the $3 to the people who are involved and maybe we can involve others. The rest of the Council expressed their support to place an amendment to this ordinance on the agenda. Mr. Schreiber informed that staff wanted Council look at the possibility of raising the cost of compost so we may bring some recommendations back to Council. Item 10(a)(2) A discussion on side yard parking was held. Mr. Bobby Teague read the current side yard parking ordinance and provided a diagram. No parking on unpaved or grassy areas; citizens can park between house on the side if paved. We get a lot of complaints on weeds and grass and front yard parking but not as many as on side yard parking. We receive as many calls saying that we are too strict and require too much of property owners as we do on weeds and grass and we need to take that into consideration. There are a lot of other issues that we need to look at such as side driveways; in a lot of the older areas they are gravel and go all the way back to the garage and we need to be careful in our wording that we still allow parking. The other issue is a manpower issue because if we go into this we may need an additional officer. Mr. Clark mentioned that another resource is deed restrictions. As an example, he gave a deed restriction that exists in Colonial Park. Councilor Barham thought that the current ordinance is sufficient. Where the issue is with interior side yards and I don't know that we need to go there. You receive complaints that we are too restrictive. He understands the concerns that have come up because it does get to be an eyesore but this is a tough issue to deal with. I think we have it covered. Councilor Ginnings asked why he thought that in light of why is there a distinction with the side yard or what special circumstance is that. Councilor Barham replied that we get to the point where we over regulate. I understand the concerns you have voiced about this but I don't know. I am on the edge of the fence and could go either way with this. I would have to have some compelling arguments to support regulating interior side yards. Do we have issues with back yards? Mr. Teague replied that we do have instances where we have back yards that are junked, if neighbors allow us to view the violations from their yards. Councilor Ginnings asked what would be allowed to be parked on the side yard. Mr. Clark replied that we do have regulations on vehicles, regarding their condition, drivability and licensing. Staff has to determine what is outside storage and what is not. Councilor Ginnings referred to a neat, well kept, high value neighborhood and asked why anybody would want to detract from it because they would be detracting from their own property and lowering the value of their property. You can't do just whatever you want and live in the City because we have to have restraints to make the City function properly. Another issue that has come up is retaliation and intimidation. How do we take care of people who cannot take care of themselves and how do we prevent blight? He asked for comments from anyone who was in opposition of side yard parking. . , .468 Item 10(a)(2) continued Mayor Lyne stated that he was opposed to side yard issue. Usually a side yard is screened off; it does get abused. How much control do you want the government to have in your business? There are going to be conflicts and abuse but I do not think we can create an ordinance or a law that protects everyone from something like that. Councilor Elmore added that it could be very intrusive. That is a neighbor's issue. I do not want to get so intrusive that we cannot enforce it and we cannot protect everybody. We are humans and we are going to have to deal with each other. Lynette Boddy, 6735 Southwest Parkway, stated that she lives in the area of Kell and Southwest Parkway and there are very large lots in that area and a lot of them are not fenced, and there is a lot of side yard parking. My neighbor has his cruiser, seadoos, and a trailer where he keeps his dogs; he keeps it neat but the neighbor next to him is a rent house and it is not neat. I have another property on Gorman that is a rent house where all the driveways are from the alley and it is a very neat neighborhood and the fencing is very close to the front of the edge of the housing and there is a dramatic difference. The house I live in which is higher value, is not as neat as the one on Gorman. Side yard parking is a big issue. I would like not to have things on the side of the yards. Mr. Teague expressed a concern from an enforcement standpoint. As a citizen I agree that things need to be clean, but I have a concern that if we do impose side yard parking, those boats, trailers, etc. are going to have be somewhere and they are legal to be on the street for a certain period of time. That is something to think about. Mr. Clark stated that as a central city in the sense that we have larger lot neighborhoods and we have smaller lots where people are looking for a place to put things so consider that. Councilor Elmore commented that what is fine for a big lot is not good for a small lot. He referred to animal issue, where rural areas have the same restrictions as the people in Country Club. Winston Thornton lives on Jalonic off Rosewood, asked about his situation where he has classic cars that are drivable but he does not drive them. They are on paved surface. He does park his truck that he drives to work in his vacant lot but is not on a paved surface. Mr. Teague stated that since his truck is on a vacant lot he can park there. City Council recessed at 10:55 a.m. and reconvened at 11:00 a.m. Item 10 b Councilor Smith informed that staff had met with the Corp of Engineers from Tulsa and the local United States Geological Survey group concerning floodings in the recent past. City staff is continuing to have this on their agenda and we are pursuing discussions with those two entities. Preliminary data will be studied in the next few months and options can be ascertained, however, the big issue is always money. This is still on many people's minds especially those that were directly affected. Citywide there are other concerns that are not just areas that were recently flooded. As we saw in August a ten inch rain can flood areas that never had a thought of flooding. Staff is continuing to look into this and will bring back additional information. Councilor Smith informed that the West Floral Heights Association is going to submit a request to Council for the possible use of the paving bricks that are coming up on 10th Street where stamped concrete is going in. Those bricks are City property and would eventually be sold in the open market but this Association has a very good use for those bricks. This is a project with a lot of validity that is historical in nature as well Councilor Smith informed that the feral cat ordinance is coming to completion. The County Health Unit met and is ready to make a recommendation to Council by the Health Department. They have done a lot of good work on this. 469 ,. Item 10(b) continued Councilor Ginnings referred to the side yard parking situation and stated that staff has reminded us of the avenues of enforcement and relief on deed restrictions. He stated that they are time consuming and expensive. At this point we will have to take care of it ourselves if the ordinance is not changed; I am not going to advocate a change in the ordinance. Councilor Ginnings stated that some streets are very narrow when it comes to parking. What about emergency vehicles if a street is obstructed with this parking, how do we take care of that? Mr. John Burrus replied that there are regulations that address the width of the street that eliminates parking on one side of the street. Police Chief Bachman informed that there is an ordinance that requires emergency vehicles to have access. If they cannot get by on the street it is illegal for them to be parked on both sides of the street. Some streets in the City are limited to one side of the street parking and they are posted to one side parking. Councilor Ginnings stated that out on Lake Lomond there are boats and cars parked out there on both sides but he did not see any signs regarding parking on the street. City Manager said that staff will go out there and measure it and sign one side of the street, "No Parking". Councilor Ginnings suggested that we make it known to the citizens that if they feel their street is restricted that they call us. Councilor Hatcher wished good luck to all the area football teams that are going to the playoffs. Councilor Hatcher commented that any ordinance that Council passes is going to apply to the entire City and we need to keep that in mind. We try to do that as a Council. Councilor Hatcher stated that neighborhood deed restrictions are a good thing and the best way to handle things that are being done that are not appreciated by the neighbors. You want to maintain the integrity of the property in any neighborhood. Over time if they are not maintained they will go down and they are not going to come back. Those who live there and can afford it will move to another nicer area. If you live in one of those neighborhoods do not be afraid to get with some of the neighbors and pass out the deed restrictions and as a group you can go a long way to keep you neighborhood up. He encouraged those folks who are side yard parking items that they be courteous to their neighbors and remove those items. Councilor Barham wished everybody a Happy Thanksgiving. In light of that, he stated that during budget Council gave employees an extra day off after Thanksgiving Day. He reminded everyone about the trash pick up schedule during the holidays and informed what that schedule would be. Councilor Barham asked if the Weeks Park Lane name issue had been resolved. City Manager replied that it had been resolved. Councilor Barham asked for an update on the closing of Walnut and East Scott Streets. Mr. Burrus replied that it has to do with TXDOT funding and they have recently acquired the funds and will begin that project in about six weeks. Councilor Barham stated that the MDT project for Fire and Police is progressing, and asked if we are going to be pushed back several months? Mr. Blake Jurecek, Information Systems Administrator, informed that he is working with the vendors to get a good time line of the steps to move forward. The vendor did a preliminary coverage testing and we are at 80% and it is in our contract that they have to provide 95% coverage. We identified the areas that do not have coverage and are trying to figure out facilities where to put 4-5 new access points. The vendor has the equipment to order and procure and the big issue is that we have to figure out the lead time on that equipment so we can start putting in the new access points. I have a conference call with the vendors today and am pushing them to get us some dates. Councilor Elmore stated that since he first came on the Council he has advocated that Wichita Falls be the friendliest city in the United States, and Sunday he and his wife saw the news vendor on the median collapse and within one minute three different cars stopped to render aid. The First Responders were there within a heartbeat. He complimented the citizens who rendered aid and expressed his appreciation for their consideration and thoughtfulness. .470 Item 10b continued Councilor Elmore informed that last week he had the opportunity to watch staff line a 36 inch concrete pipe that was failing. He explained the process and how fascinating and quick it was. He expressed appreciation for this opportunity. It was very interesting. Councilor Elmore referred to the trashy neighbors, parking, etc. I still say that the best thing they can do is to have a strong Neighborhood Watch Program. They just work. I highly recommend it, and if you are interested in starting one the Police Department will go out and talk to you about it. Councilor Elmore stated that the volley ball programs are also going to the playoffs and wished them good luck. Councilor Elmore wished everyone a Happy Thanksgiving. Councilor Roberts Burns invited everyone to attend the Downtown Lights Parade this Saturday; it is one of the largest parades we have. Councilor Roberts-Burns asked staff to check for code violations at Harlan and Tulsa Streets. Councilor Roberts-Burns wished everyone a Happy Thanksgiving. Mayor Lyne informed that the City has a website Christmas in the Falls.com and it has everything that is occurring here. He mentioned the different events happening in Wichita Falls such as the Kell House, Electric Critters, Christmas in Texas Program; Nutcracker, Fantasy of Lights and the Fantasy of Lights basketball, Miniature Train Display, etc. . He encouraged everyone to get out and enjoy. Mayor Lyne stated that we have thousands of things to do this holiday season and they are free. We can always be joyful during the holidays even when things are difficult. Reach out to your neighbors and that is what Neighborhood Watches are about. Enjoy your neighbors and help each other, and that is something Wichita Falls does better than any other place he has been. City Council adjourned at 11:25 a.m. PASSED AND APPROVED this day of—!)Q 0 Q 2008. MAYOR ATTEST: tLydiaOzuna 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, November 18, 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 Alice Hupp, Pastor Park Place Christian 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 November 4, 2008 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 5. Resolution Of The City Council Of The City Of Wichita Falls, Texas Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs (Council Bill #250) 6. Receive Minutes (a) 4B Sales Tax Corporation, September 4, 2008 (b) Civil Service Commission, October 10, 2008 (c) Traffic Safety Commission, October 1, 2008 City Council Agenda Tuesday, November 18, 2008 Page 2 REGULAR AGENDA 7. (a) Public Hearing To Determine If Certain Buildings And/Or Structures To Be Dangerous (b) Ordinance Finding Certain Buildings And/Or Structures To Be Dangerous And Requiring Property Owners To Demolish Said Buildings And/Or Structures Within Thirty (30) Days Of The Date Of This Ordinance (Council Bill #251) 8. Ordinance Amending Chapter 22 Of The Code Of Ordinances By Adding Article XII, Existing Building Code (Council Bill #252) 9. Resolutions (a) Resolution To Award Bid And Contract For The Scott Street/Warren Street Intersection Reconstruction Project — CWF09-552-04 (Council Bill #253) (b) Resolution Authorizing The Replacement Of Failing Cells Within One Of The Variable Frequency Drives At Lake Arrowhead (Council Bill #254) (c) Resolution Authorizing the City Manager to pursue efforts to sell property purchased for the Lake Ringgold Reservoir (Council Bill #255) 10. Other Council Matters (a) Staff Council Discussion (1) Discuss $3 Yard Waste Charge (2) Discuss Side Yard Parking (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . 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. City Council Agenda Tuesday, November 18, 2008 Page 3 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 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, November 18, 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. ADDENDUM TO REGULAR AGENDA 8. (b) Ordinance Amending Ordinance No. 37-2008 To Grant Additional Time For The Owner Of The Property At 1004 Woods Street To Rehabilitate The Structure (Council Bill #256) 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