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Min 09/02/2008 397 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 02, 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 - Councilors Glenn Barham - Michael Smith - Rick Hatcher - Jim Ginnings - 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 Paul Goodrich, Pastor of First United Methodist Church, gave the. invocation. Item 2b Councilor Barham led in the Pledge of Allegiance. Item 3a Mayor proclaimed September 1, 2008 as "Twogether in Texas" and encouraged everyone to applaud this State-wide program to strengthen marriages and in turn strengthen our City. Strong families build a strong society. The first class will be held September 19, 2008 at the Kemp Center for the Arts. Item 3b Mayor proclaimed the month of September 2008 as "National Emergency Preparedness Month" and encouraged everyone to participate in preparedness activities. Item 3c Mayor proclaimed the month of September 2008 as "Leukemia, Lymphoma & Myeloma Awareness Month"and encouraged support from our community. 398 Item 9a was moved up to be considered at this time. Item 9a RESOLUTION NO.124-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ESTABLISH OUR CITY AS A CITY OF CHARACTER WITH THE INTERNATIONAL ASSOCIATION OF CHARACTER CITIES; 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.124-2008 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 3d Fire Fighter Gary Bumgardner, Wichita Falls Fire Department, was recognized as Employee of the Month for September 2008. Mayor presented Fire Fighter Bumgardner with a plaque, a check, and restaurant certificates. Item 4 One person signed up to speak; however, it was on an item that was on the agenda and the citizen was allowed to speak at that time. Item 5 Moved by Councilor Ginnings to table the August 19, 2008 Council meeting minutes until September 9, 2008. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 6 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 Items 6a-6d Minutes of the following Boards&Commissions were received. (a) City-County Public Health Board, April 25, 2008 399 Items 6a-6d continued (b)Animal Shelter Advisory Committee, May 29, 2008 (c)Wichita Falls Economic Development Corporation, June 25, 2008 (d) Landmark Commission, July 9, 2008 Item 7 A public hearing was held on the proposed Property Tax Rate for the 2008-09 Fiscal Year. Mayor declared the public hearing open. Mr. Jim Dockery provided background information. He stated that the City Manager had submitted a preliminary budget with a tax rate of$0.59.246 per$100 of assessed value, which has been the same rate for the past 6 years. However, at your budget hearings you voted to express intent to consider a higher tax rate than was presented. You passed a motion considering $0.61 per$100 assessed value. The primary three reasons that was put on the public notice was consideration of increase in contributions to the City's health insurance fund by $228 to continue providing a $250 subsidy for spouses who are on our Medicare supplemental program . Second, there was consideration to add four public safety dispatchers at $143,000. Third, there was consideration to add four additional police officers and related equipment at $308,000. Mr. Dockery clarified that they have gone back and looked at those numbers and that number is closer to $320,000 for the mobile data terminals, which were omitted when the request was submitted. State law requires us that if we have a tax rate that would generate additional revenue from prior year's tax base we have to conduct two public hearings. This is the first of two.public hearings. The second public hearing will be held September 9, 2008. Ultimately City Council is scheduled to adopt a tax rate on September 16, 2008. The purpose of the public hearing is to allow the public an opportunity to express any concerns about the proposed tax rate and to allow the City Manager and City Council to discuss again any additional considerations related to the tax rate for next year. Robert Wagner, 5118 Inlet, was a City employee for 32 years, asked that Council keep their word and retain their spouses on the City's supplemental insurance. Gary McClendon, 5129 Tower, previous City employee, also spoke in favor of Council keeping their word and taking care of their employees. He suggested putting a current employee and a City retiree on the Employee Benefit trust Board. He also suggested that the City put a disclaimer on the front of the employee retirement booklets that the information is subject to change. Roddy Atkins, 5230 Sunnybrook, Executive Director of Helen Farabee Regional MHR Center, requested an additional $27,400 to for in-kind match to upgrade their Crises Center Services and $5,000 to help address the waiting list of substance abuse. He informed that$514,000 is at risk if they do not receive the matching funds needed. They have requested funds from the participating entities as well for the in-kind match. Mayor stated that he was in favor of funding this money because it is a community responsibility that we have to our citizens. City Manager commented that this year's request was the same as last year, $90,000. The $32,000 being requested today is in addition to the $90,000. All these requests have merit; it is a balancing issue. Mayor called for additional comments. There being none Mayor declared the public hearing closed. City Council recessed at 9:35 a.m. and reconvened at 9:50 a.m. 400 Item 8a ORDINANCE NO. 45-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID- TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. Moved by Councilor Roberts-Burns that Ordinance No. 45-2008 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. 46-2008 ORDINANCE OF THE CITY OF WICHITA FALLS MAKING APPROPRIATIONS FROM THE GENERAL FUND IN THE AMOUNT OF $185,467 AND TO THE SPECIAL REVENUE FUND FOR THE HAZARD MITIGATION GRANT PROGRAM IN THE AMOUNT OF $556,400, TO BE REIMBURSED FROM FEMA, TO PURCHASE AND DEMOLISH DAMAGED HOMES IN THE JULY 2007 FLOOD AREA; 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. 46-2008 be passed. Motion seconded by Councilor Ginnings. Moved by Councilor Elmore to amend the proposed ordinance by correcting the amounts in the caption, as well as Section 1 and Section 2 of the ordinance. Corrections are as follows: Appropriation from the General Fund in the amount of $185,467 and to the Special Revenue Fund for the Hazard Mitigation Grant Program in the amount of $556,400.00. Section 1 will read as follows: "That an amount not to exceed one hundred eighty five thousand four hundred sixty seven dollars ($185,467) is hereby appropriated for the purposes of the flood mitigation grant match from the General Fund." Section 2 will read as follows: "That an amount not to exceed five hundred fifty six thousand four hundred dollars ($556,400) is hereby appropriated for the purposes of the flood mitigation from the FEMA Grant (DR-1709-023). 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 Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None 401 Item 8c ORDINANCE NO. 47-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 1212, 1214, AND 1216 37T" STREET FROM SINGLE FAMILY-2 TO GENERAL COMMERCIAL AND AMENDING THE LAND USE PLAN; 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. 47-2008 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 8d ORDINANCE NO. 48-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 4009 FAITH ROAD, 4113 FAITH ROAD AND ALL LOTS IN BETWEEN ON THE EAST SIDE OF FAITH ROAD, AND THE ADJACENT RIGHT-OF-WAY FROM LIMITED COMMERCIAL TO GENERAL COMMERCIAL, AND AMENDING THE LAND USE PLAN; 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. 48-2008 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 8e ORDINANCE NO. 49-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING VARIOUS TRACTS WITHIN THE WICHITA FALLS BUSINESS PARK AND THE FORMER STANLEY TOOLS PROPERTY TO LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL RESPECTIVELY AND AMENDING THE LAND USE PLAN; 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. 49 -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 402 Item 8f ORDINANCE NO. 50-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION IN THE GENERAL FUND FOR COSTS ASSOCIATED WITH THE SOFTBALL COMPLEX EXPANSION PROJECT; 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. 50-2008 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 8g ORDINANCE NO. 51-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION IN THE GENERAL FUND TO COMPLETE THE FINANCIAL PLAN FOR THE CITY'S SHARE OF THE COST TO CONSTRUCT TWO ADULT SIZE GYMNASIUMS AT TWO ELEMENTARY SCHOOLS; 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. 51-2008 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 9b RESOLUTION NO. 125-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING A PROPOSAL FOR THE CITY'S INSURANCE PROGRAM TO BARNARD INSURANCE; 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. 125-2008 be passed. Motion seconded by Councilor Barham. Councilor Hatcher stated that he would not be participating in the discussion or vote on this item due to a conflict of interest. He will execute the Conflict of Interest Affidavit and file in the City Clerk's Office. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Ginnings, and Elmore Nays: None Abstention: Councilor Hatcher 403 Item 9c RESOLUTION NO. 126-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID TO VARIOUS VENDORS FOR THE CITY'S ANNUAL SUPPLY OF CHEMICALS FOR WATER AND WASTEWATER TREATMENT; 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.126-2008 be passed. Motion seconded by Councilor Elmore. Mayor conducted a coin toss to break the tie bid on anhydrous ammonia between Airgas Specialty Products and DPC Industries. Both bids were $52,000.00. The coin toss went to Airgas Specialty Products. Councilor Roberts-Burns agreed to include Airgas Specialty Products as the recipient of the bid award for anhydrous ammonia in the amount of $52,000.00. Councilor Elmore concurred and motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Item 9d RESOLUTION NO. 127-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE LAKE WICHITA SLUICE GATE REPLACEMENT PROJECT CWF08-550-14; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RES,OUTQN'; WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 127-2008 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 9e RESOLUTION NO. 128-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE JASPER WATER TREATMENT PLANT PRESEDIMENTATION BASIN AND PLANT MODIFICATIONS PROJECT CWF07-544-17; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS FESO, UTCO'N WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 128-2008 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 404 Item 10a Mr. Dave Clark gave an update on the recent flooding and damage estimates. He informed that staff reviewed the damage from the recent flooding and 172 properties were damaged and of these 43 were in the City. None were more than 50% damaged in the City; nine in the County received 50% damage. Since there was less than 50% damage we will be looking at that for future consideration; it may not be something we get into like we did in last year's flood. He commented that three City employees were affected by this flood. Many of the people did not have insurance. Mr. Clark introduced and welcomed Anaka Laubityz Bertram from Germany, an intern who will be working with Community Development and the Metropolitan Planning Organization. Item 10b Councilor Roberts-Burns asked that staff check the bridge by Love's Truck Stop on Windthorst Road; it shakes when you cross over it. Councilor Roberts-Burns asked that Staff check into Code violations, trash and weeds, at the old Night & Day Grocery Store. Councilor Roberts-Burns received complaints about odor coming from the River Road Treatment Center in the evening, and asked that staff check into that. Councilor Elmore stated that there are a substantial number of people skating at the Skate Park without helmets and he suggests more police patrols and that citations be issued. City Attorney informed that the Ordinance would not go into effect until thirty days after it was adopted by Council, approximately September 19. Councilor Elmore asked if the Railroad or the City was responsible for the 12" support column that went through our 15" sewer line that was done by the Railroad. Public Works Director Schreiber stated that it was still under debate. Staff has discussed the issue but the fact is that we have to fix the problem immediately and we can worry about who will pay for it down the road. We are putting a plan of action together to approach the Railroad about some reimbursement, although I think it is a long and arduous task to get the Railroad to reimburse us. Mr. Dave Clark commented that the reason there is a question is that we have not found the easement that the City has to have the sewer through there. Mr. Schreiber stated that the argument the Railroad will give is that they would have requested us to relocate the sewer anyway when they put the bridge in. Councilor Elmore encouraged everybody to get on-line to see what type of emergency kit they need that would be beneficial to them. You need to have one in the event of a disaster. Councilor Barham mentioned the Community Health Center's Annual Report and gave them kudos for a job well done and encouraged them to continue their endeavors into the future. They are doing a great service for low income people in our community and we appreciate that. Councilor Barham stated that the police vehicles bids were approved in February and he asked for the status. Mrs. Peggy Gahagan replied that they should be received in a few weeks; we are receiving 2009 models and they are scheduled for arrival in September. Councilor Barham asked if the 2008 bids are for 2009 vehicles and Mrs. Gahagan responded in the affirmative. Councilor Barham asked why we waited until February to bid. Mrs. Gahagan replied that there was no reason; we can start earlier. She said that the vehicles should be on the streets by the end of October. Councilor Barham gave kudos to Tommy Isbell, his crew, and Mr. Matt Benoit on the Champions Golf Course project. It is beautiful and is as good as anything in the metroplex. He had a good time playing out there and it was a great afternoon and was enjoyable to all. It is a fine facility and we need to make use of it and promote it well and help Tommy and his crew continue to keep the grounds and greens looking like they do. 405 Item 10b continued Councilor Barham also encouraged everybody to be out at Scotland Park School on Saturday for the grand opening. Councilor Hatcher asked how many new police officer positions had been added in the last six years. City Manager responded that it was 20 police officer positions. Councilor Hatcher mentioned that Councilor Ginnings, at a previous meeting, had brought up a situation about a man in the Misty Valley neighborhood whose wife was terrorized by a dog. I think something needs to be done to address that; it concerns me. I do not know if it is a vicious dog situation or a control your dog issue. Health Director Lou Franklin informed that staff has gone out there and talked to this citizen and staff has dealt with the animal issue. We did give him his options and what he could do but have not heard from him. Councilor Hatcher referred to the graffiti issue and stated that the new thing is that he is seeing it downtown and on the overhead concrete pillars. There are some witnesses and he would like to say to those offenders that they are going to get caught and prosecuted fully. Councilor Hatcher expressed concern about the budget and the whole health care benefit issue. It is a tough deal. He commented that the City of Ft. Worth is getting ready to cut 106 jobs and making several other cuts in their budget, as well as pass along more health care costs to their employees and they would have to pay more for their medical premiums and bigger deductibles and people are losing benefits. We are going to try to minimize that if at all possible. Councilor Hatcher referred to the Capital Improvement Project list in Mr. Dockery's Preliminary Budget power point presentation. There are eleven items that were set out that we were going to try to do but I think it would be prudent for us to remove the last three times which are a pothole patching truck ($183,000), animal control truck ($30,000) and Martin Luther King/Southwest Parkway landscaping ($105,000). Maybe we can tweak that a little bit. It is not easy what we are trying to do and I am going to stand behind my original statement to vote against an increase in the tax rate. Councilor Ginnings referred to the budget and stated that he was not supportive of a tax increase to increase or maintain benefits but I think we have a plan before us where we can maintain the Medicare eligible spouse benefits without a tax increase and I am going to support that. Councilor Ginnings commented that the City of Wichita Falls can't change the federal climate that is driving health care costs but the more we demand single payer health care benefits, that is one person, which would be the federal government or the City, making medical payments for us without any particular involvement of the patient in the cost of their care, it just pours gasoline on the fire and it is going to consume us. In principle, we are going to have to take the attitude that we are going to have to do more for our self. Not just because of the cost but because who besides our self is more interested in our health and the quality of care we get. Councilor Ginnings agreed with Councilor Hatcher about the beautification on Southwest Parkway. I hope we can do that and $70,000 of that is in my district. We have a new fire station and new developments out there and that is a kind of moonscape from Greenbriar to Kemp; it is pretty ugly, and we are not going to get any help from TXDOT to speak of. I hope we can do some of that. Councilor Ginnings thanked Public Works for some minor but meaningful drainage improvements on Burton and Aldrich Streets. I am already receiving compliments on that and it was just a little bit of front-end loader time, but it was very meaningful. You are certainly on top of it. Councilor Ginnings added public compliments to his private compliments, on the quality of life issues that have come about as were previously pointed out by the Mayor. Our staff has done a great job on that. Item 10b continued 406 Councilor Ginnings referred to Item 8f and asked if we have concluded how much money will remain in our water project bonds after this morning's vote on the $2.6 million Softball Complex Expansion Project plus re-evaluation of the reuse; do we have a figure on that? Mr. Dockery replied that we have an estimate of what we think will be left over if we do not do the reuse project which was around $6 million plus. The Pre- sedimentation Project came in at about $1.2 million under what we planned so that may be in the neighborhood of $8 million now. A caveat to that is that we still have a very large 10 million gallon Conventional Treatment Plant Project estimated at $42 million and until we get that bid in I would hesitate to say we have $8 million available to use for something else at this time. That is where we think it will be but until we get that large of a project bid it is difficult to say what we will have left over. Mr. Schreiber informed that the other project that is still out there is the Scada Control Pressure Reducing Valve Project. We received the plans Friday from Biggs and Matthews, and we have them under review. We hope that will hit the street within the next 30-45 days. On the Conventional Plant Project, we should be moving forward fairly quickly with that. Biggs and Matthews are in the process of revising and compiling the drawings and specifications for that. I hesitate to give you a timeframe or date because I do not have one from Biggs and Matthews yet. I would hope to get those plans and specifications sometime early next year and get it bid middle to late next year. That may be aggressive thinking but that is a goal we are shooting for. Mr. Dockery stated that the bond proceeds were issued specifically for Water and Sewer related projects and if anything is left over we need to be looking at Water and Sewer Capital Improvement projects. Councilor Ginnings commented that he noticed in the 4A meeting minutes that Councilor Elmore referred to some eligibility of 4A funds for infrastructure. That was somewhat negated but we have a legal opinion that states that 4A funds can be used for infrastructure on projects that are 4A eligible if such infrastructure is required, but they have to be committed before the project begins. We need to keep that in mind. Councilor Ginnings mentioned that there is a ridge at Lake Wichita off the public boat ramp. I have been led to believe that we have equipment that would reach that far and if we could delineate that and use our equipment to dig that out it would make the ramp more useable. Mr. Jack Murphy agreed that it is a very shallow project and periodically the City does need to excavate so a boat can go out, and it is probably time to do that. We usually wait until the lake goes down so we can excavate that. It is an ongoing problem because it is a shallow area there. Councilor Ginnings asked if we had a 100 ft. reach with the equipment we have. Mr. Schreiber stated that the equipment has about a 50 ft. reach. Councilor Ginnings asked if Lake Wichita was used for any kind of instruction by the Police Diving team or rescue efforts. I do not think it would be hard to see how far out this goes to see if we can do something about it. It looks like something minimal to get that done; it would improve the usage. Councilor Ginnings referred to the Holiday Creek Channel and commented that the siltation, erosion, and under growth in that channel is impairing its usefulness as flood control and I do not think we are budgeting enough money to take care of that because it is a big item. I am looking forward to getting that sluice gate valve fixed because that will at least give us more access to keep it clean, however we are going to have to do more than that. When we get around to looking at drainage projects and a bond issue I do not want to change the priorities that already exist because they are predicated on public health and safety as number one and I think property may be number two, but at least human welfare is priority one and I do not want to take a thing away from that. But I do want us to look at funding some permanent solutions to that Channel maintenance and one of those solutions may be to begin to add a concrete bottom starting at the spillway, and have a program that maybe we can do so much a year. I think we do need to address that. Councilor Ginnings mentioned an incident that we had into our wastewater plant due to a problem with PPG and he asked if any of that was recovered. City Manager stated that our Ordinance does allow us to recapture our expenses in that regard if we can prove actual violations. We can go in and recoup our costs. Health Director Lou Franklin concurred and informed that they had issued two notices of violations to PPG, one for the amount of water and for the damage that was done to the treatment plant. The other was for two metals that they violated their daily limit that they are allowed. We have not assessed any penalties or asked for any costs to be recouped at this time because we are waiting to see what happens with the pretreatment plant and TECQ. 407 Item 10b continued Councilor Smith thanked everyone who volunteered to assist in the Hotter"N Hell this year; it was a great success, in particular the SAFB "bike-through" area was well received. There were letters in the newspaper in particular from people from out of town saying what a wonderful part of the ride that was to go through the Base and see what was there and being applauded by those folks. Thank you to all who volunteered. Councilor Smith reminded everyone that the Mayor's Town Hall meeting will be held Tuesday, September 9 at West Elementary and begins at 7 p.m. Councilor Smith gave kudos to Mr. John Burrus and his staff for the first ever designated bike route in the City of Wichita Falls. Signs are up on a designated course and you can see that on the City's website. This is, hopefully, the first of many bike routes that are marked, designated and signed. Be aware of those, use those, and of course, watch out for those cyclists as they use those bike routes. It is a safety issue we want to get used to and be aware of. Councilor Smith mentioned that American Eagle's air line schedule changes continue to get his attention as folks contact him about this situation. Schedule changes have impeded their ability to get to our City. One particular group from Midwestern coming from Germany had their plans altered to get to Wichita Falls and had to wait in Dallas for six hours. This is not good and a terrible thing for a City of 100,000 to have a group of visitors coming to our City and not be able to get here in a timely fashion. I know staff is working with American Eagle representatives to come talk to us and see if we can't work something out to get the schedules a little better or get back an additional fight. We need to keep that in front of us and be aware that there is some work there that needs to be done with American Eagle. Councilor Smith referred to the budget and stated that we are at a point where we are all thinking and there are options on the table. Staff has given us options they think are viable that do not require a tax rate increase. Although I voted for the ability to go up on the tax rate I would not have that as my first choice. Now that we have all this before us, can we have a budget work session and would it be appropriate timing to do this next week. At some point we have to exchange our ideas because we need to vote on the budget September 16 and we need to know what we are going to do. City Manager agreed with Councilor Smith. That budget target needs to quit moving pretty soon. He said that he had provided Council a memo that addressed several of their questions and he provided several recommendations as well and he asked Council for their comments on that. We can schedule a budget work session next Tuesday during the special council meeting. Councilor Smith commented that Council had expressed certain items that they want to put on the table for addition or deletion. The budget is a great budget and it has some good items like fire and police longevity and certification pay. We must reward our employees for that additional education. It is for the benefit of our City and our citizens. It is going to be difficult to fudge on that. There are still some flooding issues that need to be addressed. He asked Public Works Director to follow up with the Corps of Engineers on the silting up of the Wichita River. It is a great budget and now we need to get some work done on it. Mayor Lyne agreed with Councilor Smith that it is a good time to have a budget work session and have that discussion. Next Tuesday will work. Mayor Lyne thanked everybody that was involved in Hotter "n Hell Hundred. We had some outstanding letters to the editor from all over about how great it was and how efficiently it was run and how much fun they had throughout the entire weekend. Mayor Lyne suggested placing a sign at the Skate Park to address the helmet issue - "If it is good enough for the professionals, it is good enough for you". I do not know any professionals that do not wear helmets and there is a reason for that, they know and understand that concrete and skulls do not mix and that is the purpose for the helmets. Mayor Lyne invited everyone to attend the Scotland School dedication on Sunday at 2 p.m. Mayor Lyne thanked TV 6 for the coverage on the Distinct 2 town hall meeting and they plan to do others. It was well done and well attended. 409 MAYCrR ATTEST: 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 2, 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 Paul Goodrich, Pastor First United Methodist Church (b) Pledge Of Allegiance 3. Presentations - (a) Proclamation — Twogether in Texas (b) Proclamation — National Emergency Preparedness Month (c) Proclamation - Leukemia , Lymphoma & Myeloma Awareness Month (d) Employee of the Month - Gary Bumgardner — Fire Department 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of August 19-20, 2008 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) City-County Public Health Board, April 25, 2008 (b) Animal Shelter Advisory Committee, May 29, 2008 (c) Wichita Falls Economic Development Corp., June 25, 2008 (d) Landmark Commission, July 9, 2008 City Council Agenda Tuesday, September 2, 2008 Page 2 REGULAR AGENDA 7. Public Hearing On Proposed Property Tax Rate For The 2008-09 Fiscal Year 8. Ordinances (a) Ordinance Approving A Negotiated Resolution Between The Atmos Cities Steering Committee And Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" Or "The Company") Regarding The Company's Rate Review Mechanism Filing In All Cities Exercising Original Jurisdiction (Council Bill #177) (b) Ordinance Making Appropriation From The General Fund In The Amount Of $190,467 And To The Special Revenue Fund For The Hazard Mitigation Grant Program In The Amount Of $571 ,400, To Be Reimbursed From FEMA, To Purchase And Demolish Damaged Homes In The July 2007 Flood Area (Council Bill #178) (c) Ordinance Rezoning 1212, 1214, & 1216 37th Street From Single Family-2 to General Commercial And Amending The Land Use Plan (Council Bill #179) (d) Ordinance Rezoning 4009 Faith Road, 4113 Faith Road And All Lots In Between On The East Side Of Faith Road, And The Adjacent Right-Of-Way From Limited Commercial To General Commercial, And Amending The Land Use Plan (Council Bill #180) (e) Ordinance Rezoning Various Tracts Within The Wichita Falls Business Park And The Former Stanley Tools Property To Light Industrial And Heavy Industrial Respectively, And Amending The Land Use Plan (Council Bill #181) (f) Ordinance Making An Appropriation In The General Fund For Costs Associated With The Softball Complex Expansion Project (Council Bill #182) (g) Ordinance Making An Appropriation In The General Fund To Complete The Financial Plan For The City's Share Of The Cost To Construct Two Adult Size Gymnasiums At Two Elementary Schools (Council Bill #183) City Council Agenda Tuesday, September 2, 2008 Page 3 9. Resolutions (a) Resolution Of The City of Wichita Falls, Texas To Establish Our City As A City Of Character With The International Association Of Character Cities (Council Bill #184) (b) Resolution Awarding A Proposal For The City's Insurance Program to Barnard Insurance (Council Bill #185) (c) Resolution Authorizing Award Of Bid To Various Vendors For The City's Annual Supply Of Chemicals For Water And Wastewater Treatment (Council Bill #186) (d) Resolution To Award Bid And Contract For Lake Wichita Sluice Gate Replacement Project CWF08-550-14 (Council Bill #187) (e) Resolution to Award Bid and Contract for Jasper Water Treatment Plant Presedimentation Basin and Plant Modifications Project CWF07-544-17 (Council Bill #188) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Executive Session For Deliberation Regarding The Purchase, Exchange, Lease Or Value Of Real Property As Authorized By Section 551.072 And Consultation With City Attorney As Authorized By Section 551.071 Of The Government Code 12. 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 2, 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