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Min 09/16/2008 414 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 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 - Councilors Glenn Barham - 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 Pastor Charles Bartlett, Anchor Baptist Church, gave the invocation. Item 2b Councilor Roberts-Burns led in the Pledge of Allegiance. Item 3a Mayor proclaimed September 20, 2008 as "Boys and Girls Club Day for Kids in Wichita Falls" and urged all citizens to recognize and commend the Boys and Girls Club for their contributions and commitment to improving the lives of children and young people in our community. Youth of the Year Aaron Peloquin presented the Mayor with a pen in appreciation for recognizing National Kids Day, and accepted the proclamation. Item 3b Mayor proclaimed September 16-23, 2008 as "Constitution Week in Wichita Falls" and encouraged everyone to obtain a copy of the Constitution of the United States, study it and share it with their family and friends. This document has kept our nation strong and free for more than 200 years. The proclamation was accepted by Regent of Major Francis Grice Chapter of the Daughter of the American Revolution, Rose Van Meter and Ann Thomas, Constitution Week Chairs of the same organization. This is the 221st anniversary of the United States Constitution. Item 3c Mayor proclaimed September 19, 2008 as "Big Scoop Food Drive" in Wichita Falls and encouraged all citizens to help feed the hungry in our community. Mrs. Mary Stengel, Executive Director of the Wichita Falls Area Food Bank accepted the proclamation and expressed appreciation to everyone who is going to participate in the Big Scoop Food Drive. 415 Item 3d Mr. Roddy Atkins, Executive Director for Helen Farabee MHMR, gave a presentation on the traveling art exhibition "Fine Line" which illustrates mental health and mental illness. The Artist, Michael Nye, is a photographer from San Antonio and his Exhibit will be at the Wichita Falls Museum of Art November 14 - December 20, 2008. Mayor encouraged everyone to view this Exhibit. Item 4 Catherine Prose, 2010 Garfield, mentioned the City's funding of the Arts for the past 22 years and thanked the Council for that, however, this year the funding for the Arts has hit an all time low. We have not seen funding like this since the 80's. At the same time we see other agencies, specifically structured to promote the Arts, see a significant increase this year. The hotel motel tourism has long been recognized as something that can stimulate economic growth within a community and the Arts has long been a contributor to that. It seems rather difficult for non-profits to put on their events yet agencies to promote them have been increased, and those events may be in danger of not existing this year. I am looking forward to this next year talking to each one of you discussing strengthening the Arts and by strengthening the Arts, strengthening the economic base in tourism. Mackie Hayes, 311 Ellwood, is the owner of Above Average Barbeque. He stated that when he takes his grandkids to the Skate Park there is no access to clean drinking water or refreshments. He would like to provide bottled water, refreshments and snacks at a very affordable price at that location. City Manager or Mr. Jack Murphy will speak with Mr. Hayes. Monte Downing, 1525 Harding, asked for 60 additional days to rehab his structure at 100 Cleveland. Mr. Bobby Teague informed that this hazardous structure was brought to Council on August 5U' and Mr. Downing's address was shown as "unknown". Public notices and newspaper publications were done on this property. This property is on the demolition list and we open bids today. Mr. Dave Clark informed that Council has declared it as a dangerous structure and it would have to come back to you if you want to reconsider it. Mayor directed Mr. Downing to speak with Mr. Teague to make sure he has everything ready to be able to rehab his property. It can be brought back to Council on October 7, 2008. Items 5a-5b Minutes of the September 2 and 9, 2008 regular and special Council meetings, respectively, were approved as distributed. Items 6-7 City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Ginnings asked that Item 6 be removed from the Consent Agenda and considered under the Regular Agenda. Moved by Councilor Elmore that the Consent Agenda be approved with the exception of Item 6. 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 416 Item 7 Minutes of the June 26, 2008 Wichita Falls Park Board meeting were received. Item 6 RESOLUTION NO. 129-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE 2008-2009 FISCAL YEAR BUDGET OF THE 4B SALES TAX BOARD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Ginnings that Resolution No. 129-2008 be passed. Motion seconded by Councilor Elmore. Councilor Ginnings stated that since the 4A Board has agreed to fund the $50,000 to the Military Affairs Committee that the 4B Board was contributing and since Council is approving the 2008-2009 4B Budget he wondered if they could reduce the 4B Budget by $50,000. Mr. Benoit replied that it was entirely up to Council if from a bookkeeping stand point you would like to remove that, that is fine, but if you don't what will happen is when the invoice is received, because of the fact that the 4A Board has agreed to pay the full $100,000, 1 will simply code that invoice entirely to the 4A Board. They will pay the invoice and at the end of the year you will show a budget of $50,000 left unspent which means in essence that$50,000 falls back into your fund balance. You don't have to amend this budget today to charge the full $100,000 to the 4A Board but if that is something you would like to do, it is not going to hurt. Moved by Councilor Ginnings to amend the 4B Budget by removing the $50,000 that was going to the Military Affairs Committee,with the understanding that the 4A Board is going to cant'that. 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 Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8 A Public Hearing was held on the 2008-2009 Preliminary Budget. Mayor declared the public hearing open. Mr. Jim Dockery informed that a public hearing was required prior to adopting the budget and this is an opportunity for the public to express any concerns about the proposed budget. Councilor Elmore stated that the only thing he had received calls on was the $3.00 increase for the yard waste dumpster. That has created furor in District 5 and some have said that they are going to put the yard waste in the other container to be taken to the landfill. 417 Item 8 continued Mayor stated that the idea at the time was that we would measure that through this year and see what actually transpires and keep track of that. City Manager concurred and added that they have a waiting list for those containers so maybe if some are turned back the folks on the waiting list can get one. We never have enough of those containers. Mayor asked for additional public comments. There being none Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 52-2008 ORDINANCE AMENDING SECTIONS 106-126 (C), (D), (E), (F), (G), (H), AND SECTIONS 106-251(C) AND (H) OF THE CODE OF ORDINANCES TO ADJUST WATER AND SEWER RATES FOR RETAIL CUSTOMERS; 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. 52-2008 be passed. Motion seconded by Councilor Elmore. A survey provided by Mr. Dockery in August shows that our water and sewer and sanitation rates are well in the range of cost with the other 15 comparable cities in Texas. The media was invited to publish this information for our citizens to see. It was also noted that several of these cities are facing what we faced several years ago— water shortages; and their cost factors are up to four times what ours were when we started the major renovation of our water system several years ago. We are on the leading edge and our costs are going to be substantially less than those communities in the survey. Mayor gave credit to previous councils for their foresight in dealing with a very controversial situation. We are going to see benefits coming forth. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9b ORDINANCE NO. 53-2008 ORDINANCE TO AMENDING SECTION 106-127 OF THE CODE OF ORDINANCES APPROVING WHOLESALE WATER RATES FOR CONTRACT WATER CUSTOMERS; 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. 53-2008 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 418 Item 9c ORDINANCE NO. 54-2008 ORDINANCE AMENDING SECTIONS 90-66, 90-96(A), AND 90-126 OF THE CODE OF ORDINANCES TO ADJUST SANITATION RATES FOR RETAIL CUSTOMERS; 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. 54-2008 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 City Council recessed at 9:35 a.m. and reconvened at 9:55 a.m. Item 9d ORDINANCE NO. 55-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, LEVYING, ASSESSING, AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE WICHITA FALLS MUNICIPAL GOVERNMENT AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE 2008-09 FISCAL YEAR; DECLARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Ordinance No. 55-2008 be passed with the tax levy for 2008 at $0.59526 per$100.00 assessed valuation of all taxable property in the City. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings and Elmore Nays: Councilor Hatcher Item 9e ORDINANCE NO. 56-2008 ORDINANCE ADOPTING THE FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2013; 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. 56-2008 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None 419 Item 9f ORDINANCE NO. 57-2008 ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009, AND APPROVING REVISIONS TO THE 2007-08 BUDGET; 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. 57-2008 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings and Elmore Nays: Hatcher Item 9 ORDINANCE NO. 58-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DISSOLVING THE CLEAN COMMUNITY COMMISSION BY REPEALING ORDINANCE NO. 78-2000, ORDINANCE NO. 68-99, AND ORDINANCE NO. 92-84; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Ordinance No. 58-2008 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 9h ORDINANCE NO. 59-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM; MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $29,050.00; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH CO-APPLICANT, WICHITA COUNTY, AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH GRANT ACCEPTANCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Ordinance No. 59-2008 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 420 Item 9i ORDINANCE NO. 60-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 50-34 OF THE CODE OF ORDINANCES, IDENTIFYING THE CLASSIFICATIONS AND NUMBER OF POSITIONS IN EACH CLASSIFICATION FOR THE WICHITA FALLS FIRE DEPARTMENT; 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. 60-2008 be passed. 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 Item 9e A proposed ordinance was presented amending Ordinance No. 37-2008 declaring certain structures as dangerous by allowing extra time to rehabilitate 1600 Lucille. Moved by Councilor Barham that proposed ordinance be passed. Motion seconded by Councilor Smith. Mr. Dave Clark informed that nothing had been done on this property and previously the owner had stated to Council that Mr. Jose Garcia, Contractor, was in the process or purchasing this property to rehab it. Mr. Garcia informed Mr. Clark that he had no desire to purchase this property. Moved by Councilor Ginnings not to allow additional time and that this remain on the demolition list. 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 As a result of this vote, the proposed ordinance failed. Item 9k ORDINANCE NO. 61-2008 ORDINANCE OF THE CITY OF WICHITA FALLS CLOSING, ABANDONING, AND VACATING A TEN FOOT UTILITY EASEMENT CROSSING THE NORTH PORTION OF 3303 MOCKINGBIRD LANE CONTAINING APPROXIMATELY 2,010 SQUARE FEET AS INDICATED IN THE ATTACHED EXHIBIT "A"; 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. 61-2008 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. 421 Item 9k continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 10a RESOLUTION NO. 130-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AMENDMENTS TO THE 2007-2008 FISCAL YEAR BUDGET OF THE 4B SALES TAX BOARD FOR THE WICHITA FALLS LITTLE LEAGUE, THE WICHITA COUNTY HERITAGE SOCIETY AND THE WICHITA THEATRE; 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. 130-2008 be passed. Motion seconded by Councilor Elmore. Dolores Culley, Executive Director of Wichita County Heritage, 13365 West FM 171, explained that they have maintained the Kell House for 28 years without having to request the City's assistance. However, they were left with the task of putting in an ADA compliant ramp at the Kell House in a short amount of time which did not leave them time to obtain grants and that is why they went to the 4B Board for these funds. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 10b RESOLUTION NO. 131-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING CHANGE ORDER #2 TO THE SOFTWARE INSTALLATION SERVICES AGREEMENT WITH INTERGRAPH FOR MOBILE DATA TERMINAL SOFTWARE IN THE AMOUNT OF ($349,313.18); 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. 131-2008 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 City Council recessed at 10:55 a.m. and reconvened at 11:05 a.m. 422 Item 11 a Convention Visitors Bureau Executive Director Penny Bridges showcased their past, current and future efforts. The new areas she mentioned were their website, Tourism Department, new bid presentations, new Sports marketing Department, new Holiday in the falls Promotion with new website, a different Calendar of Events, and a new tourism map. Areas they are working on are the Marketing Plan, other promotional materials, Convention Planner, Group Tour Planner, new Visitors Guide and a Reunion Guide. Mrs. Bridges will check into linking the City, MPEC, CVB, and the BCI. Item 11 b Councilor Smith asked everyone attending Falls Fest next weekend to make use of parking areas that are provided. That neighborhood that borders Lucy Park gets inundated with parked cars, and he asked that attendees be respectful of the folks that live in that area. Please be careful as you come and go, watch, and drive slow. Councilor Smith referred to flood control stating that we continue to think about that in our City and especially with hurricane Ike this past weekend. In talking with District 1 residents at our town hall meeting, flooding continues to be a concern. One thing that was discussed was what can we as a neighborhood do; and we can contact our state and federal representatives in particular Congressman Mac Thornberry. The City is going to be working with the Corp of Engineers and other state and federal agencies on that and it never hurts to have a friend in Washington or Austin on projects like this. It is not too early to make contact with those people in elected positions that might be helpful to us as we look into the possible remedies for some of the flooding we have had over the past few years. Councilor Smith mentioned that American Eagle and air travel continues to be a concern. Our staff continues to talk to American Eagle and now that we have our Federal Aviation Grant there may be some other ways to have other airlines look at our City. Maybe use some of that grant money to entice American Eagle to look at their new schedules coming up in October and make them more passenger friendly and maybe add an additional flight. That is still on the back burner for the Council to make sure we keep air travel as a wonderful option linking us to the rest of the country. Councilor Smith thanked the staff for the budget and expressed appreciation for doing a great job. Get ready for next year. Councilor Ginnings thanked the City Manager and Staff for what they did with the budget. Councilor Ginning referred to the flooding and stated that they were told that the Corp of Engineers is going to make a general comprehensive study of the Wichita River. What concerns him is that this tells him that action is going to be delayed for years for this study to be done. I do not recall hearing a date when the study is going to begin. He was very impressed with a very preliminary report that one of our engineers prepared last year and what was determined from it. He wanted to know if the engineers feel there is anything we can do in the way of diversion or protection that would obviously not be ahead of a more comprehensive study while we await the Corp of Engineers. Councilor Ginnings mentioned that between Brook and Harrison, south side of Kell there are some very nice homes and there is a perception along that area that it is going commercial. That is a lovely area and it is an area that deserves attention to preserve it as residential. Since one of the concerns is the lack of trees that might be a barrier to the noise coming from Kell and the aesthetics, he suggested putting in some trees there. He asked if there were any State grant monies for noise barriers along thoroughfares. 423 Item 11 b continued City Manager did not think there were any grant monies but will check to see if there are any additional grants from other agencies for noise barriers, but we have the whole issue up and down Kell once you start noise barriers. Councilor Ginnings said that if there are no grant funds there is probably no source we can access and it would just be something we have to live with as it is. In the metroplex the developer probably puts those in as a sales point. He would like for City Manager to get him an answer on the grants. Mr. Dave Clark informed that this has come up before. He informed that Country Club is on the south side of Kell and there is not too much happening there. On the north side there are angular lots and some have been advertised as buy three for a commercial lot, but there has not been too much change in the area. Councilor Elmore commented that Planning & Zoning is very resistive to any kind of commercial development in that area. He felt that the residents would be willing to buy trees to put in there and that could be worked through our Parks and Recreation. Councilor Ginnings said it was a perception and he just wanted an answer. Mr. Clark replied that he is not aware of any development on the south side of Kell. I am not hearing too much commercial pressure. Councilor Hatcher thanked the City Manager and everyone involved in the budget. There are some points I did not agree with but I respect everyone up here. Councilor Hatcher said that our thoughts and prayers were with the people in the Galveston, Houston, and coastal areas as they work to put their lives back together. He also sent condolences to the Jeff Harrington Family on the plane accident. Councilor Hatcher announced that the Distinct 3 town hall meeting will be held October 14 at Ben Franklin Elementary. Councilor Hatcher was glad to hear that an arrest was made on the graffiti down town. We need to stay strong on that and keep up the good work. Councilor Hatcher invited everyone to go to Falls Fest. He mentioned the Softball Complex ribbon cutting September 25, and the Miracle League Baseball Field groundbreaking is also happening. He also mentioned the Reverse Osmosis Plant ribbon cutting on September 29. Councilor Barham offered his condolences to the Jeff Harrington Family. That was a tragic event and they will go through rough times in the months to come. He wished them the best over that situation. Councilor Barham expressed appreciation to the City Manager, Assistant City Manager, and Mr. Jim Dockery for their hard work on the budget. It was a trying year and I know next year is going to be very trying and he hopes next year will be as successful as this one. Councilor Elmore expressed appreciation to the staff on the budget. Councilor Elmore stated that Dr Harrington's accident was a real tragedy. Councilor Elmore said that the Mane Event Exhibition was outstanding. I have not seen anything like that anywhere. It was the most remarkable exhibition. I hope we have continued interest in hopes of doing it again and again. He encouraged more of that. They were absolutely wonderful works of art and he was very impressed with the Exhibit. Councilor Elmore mentioned that there is still time to file for the stimulus tax from the federal government and there will be assistance October 1-3 at the Senior Center. Councilor Elmore attended the Scotland Park School grand opening and it is a beautiful school. He would like to get an idea of what the total cost of the gym ' 424 Item 11 b continued was and what the City's participation was. There were no bleachers and he was told that it was a practice gym. City Manager will get those figures as well as total cost of the second gym. Councilor Elmore was disappointed in the way the gym looked without bleachers. Councilor Barham thought the agenda item mentioned bleachers. Mr. Jack Murphy informed that it did include bleachers, a scoreboard and other minor items. There is an extra ten feet on the south side of the gym designated for bleachers. Councilor Roberts-Burns thanked the staff for all the hard work on the budget. We will get through it and we will get through next year as well. Councilor Roberts-Burns asked that we remember in our thoughts and prayers those who went through hurricane Ike. Mayor Lyne explained that the Mane Event was a project begun by Leadership Wichita Falls of 45 horses that were painted by artists. They are works of art and you will be able to see them exhibited throughout our City. They are marvelous and just fabulously beautiful. There will be an auction of some of the horses later on as well as other items currently being sold, like caps, shirts, calendars, posters, etc. and proceeds will go to Downtown Development, Inc., Faith Mission, and Patsy's House. Mayor Lyne was glad to hear that the Museums are still working to consolidate. It will make work easier for Mrs. Penny Bridges and for our citizens long term. Nature tourism has a lot going on there in conjunction with Hotter'N Hell Hundred and Riverbend. Mayor Lyne thanked the Council for the manner in which they conducted themselves during the budget process. It was a hard budget and Council handled it in a very professional manner. There will always be a different perception of what is important. It is difficult to understand every piece that goes into the budget. He thanked Council for how they handled this budget. It is our job to put a lot of thought and Council did. Thank you for the work that went into this budget by Council and staff. Mayor Lyne mentioned the new board and commission brochure which was originally brought up by the League of Women Voters and he thanked them for that. Mayor Lyne informed that Dale Morris, American Eagle representative will be at the next Council meeting to speak to Council. Mayor Lyne stated that we have had several contacts about the unfriendliness of the flight schedule when folks are trying to travel. Those schedules need to be a little more user friendly. Mayor Lyne read a letter from Dr. John Alexander expressing appreciation to the Public Works' Department for taking care of concerns very expeditiously. Dr. Alexander wrote that our City workers are fantastic. Mayor Lyne stated that it is always great to hear this. Good job, everyone. Item 12 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 12:13 pm. Mayor announced that no votes or polls were taken during Executive Session. 425 Item 13 ORDINANCE NO. 62-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAPPOINTING MIKE WHALEN AND DIANE DOCKERY AS SUBSTITUTE JUDGES OF THE MUNICIPAL COURT FOR TERMS OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Ordinance No. 62-2008 be passed. 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 City Council adjourned at 12:14 p.m. PASSED AND APPROVED this day of � qd , 2008. MAYOR r_ ATTEST: �t Lydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, September 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: Pastor Charles Bartlett Anchor Baptist Church (b) Pledge Of Allegiance 3. Presentations (a) Proclamation - Day For Kids — Boys And Girls Clubs (b) Proclamation — Constitution Week — Daughters Of The American Revolution (c) Proclamation — The Big Scoop — Wichita Falls Area Food Bank 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 (a) September 2, 2008 Regular Meeting Of The Mayor And City Council (b) September 9, 2008 Special Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolution Approving The 2008-2009 Fiscal Year Budget Of The 4B Sales Tax Board (Council Bill #189) City Council Agenda Tuesday, September 16, 2008 Page 2 7. Receive Minutes Of The Park Board, June 26, 2008 REGULAR AGENDA 8. Public Hearing On The 2008-09 Preliminary Budget 9. Ordinances (a) Ordinance Amending Sections 106-126 (c), (d), (e), (f), (g), (h), And Sections 106-251(c) And (h) Of The Code Of Ordinances To Adjust Water And Sewer Rates For Retail Customers (Council Bill #190) (b) Ordinance To Amend Section 106-127 Of The Code Of Ordinances Approving Wholesale Water Rates For Contract Water Customers (Council Bill #191) (c) Ordinance Amending Sections 90-33, 90-96(a), And 90-126 Of The Code Of Ordinances To Adjust Sanitation Rates For Retail Customers (Council Bill #192) (d) Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And Support Of The Wichita Falls Municipal Government And Providing For The Interest And Sinking Fund For The 2008-09 Fiscal Year (Council Bill #193) (e) Ordinance Adopting The Five Year Capital Improvement Plan For The Fiscal Year Beginning October 1 , 2008 And Ending September 30, 2013 (Council Bill #194) (f) Ordinance Adopting The Annual Budget For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009, And Approving Revisions To the 2007-08 Budget (Council bill #195) (g) Ordinance Dissolving the Clean Community Commission by Repealing Ordinances 78-2000, 68-99, and 92-84 (Council Bill #196) (h) Ordinance Accepting Grant Funds Received From The Edward Byrne Memorial Justice Assistance Grant Program (Council Bill #197) (i) Ordinance Amending Section 50-34 Of The Code Of Ordinances, Identifying The Classifications And Number Of Positions In Each Classification For The Fire Department (Council Bill #198) City Council Agenda Tuesday, September 16, 2008 Page 3 (j) Ordinance Amending Ordinance No. 37-2008 Declaring Certain Structures As Dangerous By Allowing Extra Time To Rehabilitate 1600 Lucile (Council Bill #199) (k) Ordinance Closing, Abandoning, And Vacating A Ten Foot Utility Easement Crossing The North Portion Of 3303 Mockingbird Lane Containing Approximately 2,010 Square Feet As Indicated In The Attached Exhibit "A" (Council Bill #200) 10. Resolutions (a) Resolution Approving Amendments To The 2007-2008 Fiscal Year Budget Of The 4B Sales Tax Board For The Wichita Falls Little League, The Wichita County Heritage Society And The Wichita Theatre (Council Bill #201 ) (b) Resolution Approving Change Order #2 To The Software Installation Services Agreement With Intergraph For Mobile Data Terminal Software In The Amount Of ($349,313.18) (Council Bill #202) 11 . Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Executive Session: Consider Appointments of Substitute Municipal Court Judges, As Authorized By Section 551 .074 Of The Texas Government Code 13. Ordinance Reappointing Substitute Judges Of The Municipal Court For Terms Of Two Years (Council Bill #203) 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. City Council Agenda Tuesday, September 16, 2008 Page 4 CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 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, September 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. ADDENDUM TO REGULAR AGENDA 3. (d) Presentation - Fine Line, Mental Health-Mental Illness - Roddy Atkins, Helen Farabee MHMR, 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