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Min 05/06/2008 311 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 6, 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 Ray Gonzalez - Mayor Pro Tern Councilors Glenn Barham - Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Pastor Michael Roberson, Lamar Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mayor proclaimed May 10, 2008 as "Letter Carrier Food Drive Day" in Wichita Falls and encouraged all citizens to help with the food drive and help those in need throughout the year. Mrs. Tina Root and another letter carrier accepted the proclamation. Item 3b Mayor proclaimed May 6, 2008 as"National Nurses Day" in Wichita Falls and encouraged all citizens to recognize all contributions of the nurses throughout the world. Capt. Karen Jackson, U.S.A.F. and other nurses accepted the proclamation. Item 3d Mayor proclaimed April 2008 as "Motorcycle Safety Awareness Month" in Wichita Falls and asked that citizens give motorcyclist more room on the road. Mrs. Tracy Hennan accepted the proclamation. Item 3c Mayor proclaimed May 2005 as "Foster Care Parent Month" and encouraged citizens to get involved. Mr. David Byrd and other foster care parents accepted the proclamation. t , 312 Item 3e Mayor asked Police Chief Bachman to report on the awards received by the Wichita Falls Motorcycle Police Officers in their competition in Las Vegas Nevada. Chief Bachman informed that this was the 121h Annual Southwest Police Motorcycle Training and Competition. There were 139 motorcycles from seven states competing and our officers' skills are above the other competitors. Chief Bachman mentioned an email they had received from one of the judges at the competition. He was from Canada and commended our Officers for their community mindedness and their outstanding motorcycle skills. Our Officers passed the hat and collected $1500 for the Nevada Special Olympics. Wichita Falls should be proud of these Officers. Chief Bachman mentioned the various events, the process, and how our Officers placed in those events. Our Officers represented the Department and the City well. I am very proud of these Officers. The following is a list of the officers and their awards. Individual Competition 15t Place - Douglas Powell 2nd Place - Mark Wise 3rd Place - Justin Whisenhunt 4" Place - Sgt. David Stout 9th Place - Jerad Miller Team Competition 1st Place Team Members Douglas Powell Mark Wise Justin Whisenhunt Sgt. David Stout 2"d Place Team Members Jerad Miller Brad Sanchez Marc Montana Councilor Barham read the email from the Canadian Judge into the record, a copy of which is attached hereto and made a part of these minutes. Item 3f Mrs. Lou Franklin, Health Department Director, presented Certificates of Achievement in Environmental Excellence to the following industries. PPG, Tranter, Inc., and Signal-Hill. Mrs. Franklin noted that Tranter, Inc. has received this award two years in a row; PPG three years in a row and Signal-Hill has received this recognition since its inception four years ago. Accepting the award for PPG was Scott Johnson. Accepting the award for Tranter, Inc. was Gary Hilliard. Accepting the award for Signal-Hill were Richard Harmon and Mike Deason. Mayor expressed appreciation to these industries for the good work and continued diligence. We hope we can get more and more folks involved in this recognition. Item 3q Mrs. Julie Claiborne, Senior Administrative Assistant in the Health Department, was recognized as Employee of the Month for May 2008. Mayor presented Mrs. Claiborne with a plaque, a check, and restaurant certificates. Item 4 Brian Pichoff, 1507'/z Cole, requested a waiver of the Sex Offender Zoning Ordinance. He informed that when he was 14 years old he was adjudicated for sexual assault and went to Texas Youth Commission for four years and was out on parole without incidents. He noted that the girl was also 14 years old. He said he has never molested children. His home was broken into in March and one of the motives was that the people were saying that he was a pedophile rapist. He said his fiance does not want to go back to that house and they have found a house on Cunningham, which is in the sexual offender perimeters. Mayor and City Attorney will look into this. I I , 313 Items 5a—5 c Minutes of the following Council meetings were approved as distributed. (a)The March 11, 2008 City Council meeting, (b) The April 18, 2008 City Council meeting, and (c) The April 15, 2008 City Council meeting. 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 Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6a RESOLUTION NO. 53-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF FOUR (4) REFUSE COLLECTION BODIES THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM FROM HEIL ENVIRONMENTAL INDUSTIRES, LTD., IN THE AMOUNT OF $365,503.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6b RESOLUTION NO. 54-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) 60,000 GVW CAB & CHASSIS; AND TWO (2) 58,000 GVW CAB Y CHASSIS FROM BRUCKNER'S TRUCK SALES, IN THE AMOUNT OF $417,144.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6c RESOLUTION NO. 55-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWENTY (20) IN-CAR VIDEO SYSTEMS , FROM MOBILE-VISION, INC., IN THE AMOUNT OF $55,725.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. It was noted that these are VHS cameras and have the capability to be updated to digital. Items 7a—7d Minutes of the following Boards & Commissions were approved. (a) Wichita Falls MPO—Technical Advisory Committee January 16, 2008 (b) Landmark Commission, January 21, 2008 (c) Library Advisory Board, January 22, 2008 (d) Public Health Board, February 22, 2008 314 Item 8 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 informed that periodically we have a public hearing to review structures to see whether they should be considered for demolition. Folks have received notices and we have 15 of these structures and videos. Council reviewed each property on the list. Mayor will allow interested persons to speak when the ordinance is addressed following this public hearing. Interested persons will address the following properties. Item 6 — 1316 35th Street, Shirley Wesbrooks, owner Item 7 — 1304 151h Street, Robert Auld, owner Item 9 — 904 Austin Street, Norris Brembry, owner Item 10 — 902 Austin Street, Norris Brembry, owner. Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 25-2008 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. 25-2008 be passed. Motion seconded by Councilor Smith. The following persons spoke. Item 6: 1316 35th Street, Shirley Wesbrooks, owner, was represented by Sandy Kent, 3033 Stearns. Mrs. Kent informed that they were unaware of this situation until recently and requested additional time to comply with City requirements; Mr. Mark Wesbrooks will take care of complying and will pay the taxes. They plan to sell this property and requested additional time to comply. They were instructed to contact the Community Development office and comply accordingly by June 3, 2008 at which time it will be placed back on the June 3, 2008 Council agenda to consider whether to allow an extension to sell or repair the property or if there is no resolution it will be demolished. Item 7: 1304 15th Street, Robert A. Auld, owner, 3155 Jacqueline Road, is trying to sell this property but is in the process of obtaining clear title; he has a buyer that will demolish for the lumber. He was instructed to contact Community Development and comply as instructed by June 3, 2008 at which time it will be placed back on the June 3, 2008 Council agenda to consider whether to allow an extension or if there is no resolution it will be demolished. Item 9: 904 Austin Street and Item 10: 902 Austin Street, Norris Brembry, owner, represented by Robert Mitchell, 2144 Avenue E, informed that Mr. Brembry had agreed to sell him these properties. Mr. Mitchell is requesting 30 days to prepare a plan and work with Community Development. He stated that they have made some repairs to 904 Austin. Sherry Rucker, 1004 Austin, is a member and the Pastor's wife of Bible Baptist Church. This structure is north of the Church's parking lot and this property has been empty for the past 16 years. There was a fire there two years ago and since then it has gone down hill. There are homeless people utilizing the structure and using the back outbuildings as outhouses; there are rodents in the Church because of the conditions the 315 Item 9a continued property is in. She is requesting that the building be demolished. It has been a detriment to Bible Baptist Church for 16 years. Mr. Mitchell informed that they have secured the building and have worked with the Police Department. He was instructed to contact Community Development and comply as instructed by June 3, 2008 at which time they will be placed back on the June 3, 2008 Council agenda to consider whether to allow an extension or if there is no resolution they will be demolished. Mayor stated that all the properties listed will remain on the list and those who have expressed an interest in doing something have until June 3, 2008 to come to a resolution with our Community Development Department and if that is not acceptable we will move forward with demolition. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m. Item 11 a (1) was moved up on the agenda to be considered at this time. Item 11a(1) City Attorney informed that the City currently has an Ordinance that regulates the possession and sale of fireworks within the City limits. In March a person came before the Council and requested that the location of the fireworks stands be increased from 50 feet to 5000 feet. When we received that request we contacted interested firework stand owners and informed them of this meeting and invited them to come today and discuss this matter. The following fireworks stand owners and supporters spoke in opposition of changing Chapter 50 of the Code of Ordinances regulating the possession of fireworks and location of fireworks stands. Bob Johnson, 4302 Hughes, Director of City Impact, presented a petition stating that they support any initiative that would improve the quality of life for residents of the City of Wichita Falls; however, they believe any change in the current standard distance from the City limits for fireworks vendors is unnecessary. This petition is on file in the City Clerk's Office. Fire Marshall David Collins informed that the Fire Department's concerns was not the location of the stands, but what comes back into the City and it is not the product but the manner in how they use that product. Councilor Hatcher said that to a great extent fireworks can be dangerous and can be fatal. If the State and federal government say we have to do away with fireworks we will have to adhere, but these are businesses and he did not think we needed to be involved in messing with someone's business. We need to leave it up to the owners of the stands to enforce and set up these policies. I think we are okay where we are. Councilor Barham asked if it is correct that if this ordinance is passed we cannot grandfather the existing stands. City Attorney concurred; if the Council declares them to be a nuisance where they are you cannot grandfather them in. Councilor Hatcher felt we should let the market control that. Russell Nettles, 902 Riveroaks, Austin, Texas, owner of Russell's Fireworks, stated that he is the preacher and promoter of safety in use of fireworks. On his side of town there is not any development. The man who brought this up is in the retail business of fireworks. The change would impact most of the fireworks stands. He gave background on his business. He sponsors many organizations and schools. Chief Bachman said that they did not think it is going to make a difference where they move the stands; folks are going to bring them into the City. It is difficult to catch them shooting off fireworks; however, we do confiscate any fireworks we catch inside the City limits. 316 Item 11 a(1) continued Mayor stated that it appeared that Council consensus was not to make any changes to the Fireworks Ordinance. Scott Shirley, from San Antonio was representing Alamo Fireworks, and works with Bob Johnson. He commented that moving the City limits out 5000 feet is not going to benefit anything. Customers are still going to go wherever they have to to purchase fireworks and will bring them into the City. One of the benefits we have is that we have a small piece of land that Mr. Johnson is working with the Fire Department to clear out so that customers can shoot off their fireworks and not bring them into the City. Mayor stated that we always appreciate having a safe zone because that also means having someone to pick up the trash. Chief Bachman stated that some citizens do not realize that it is illegal to possess fireworks inside the City limits, and he asked these fireworks stand owners to post a notice that it is illegal to have them inside the City. Robert Entrikin, 1012 Wesley, spoke on the character of the owners of Russell's Fireworks. They are honest hard working people and there are no better. He appreciated Councilor Hatcher's comments as to what it could do to the existing businesses. The owners are morally upright, and they provide jobs for so many kids and they teach them character. It would be detrimental to the business to post signs about the fireworks in the City limits. Russell's Fireworks is a fine organization and they are good people. Councilor Barham said that it was obvious that the person who brought this up is not here and that speaks volumes to him. Chester Davis, owner of Fireworks Unlimited and President of Firework Pyrotechnic Association, said that he sincerely appreciates the opportunity to respond and organize themselves and to be here today. It would be an undue financial burden for all of us but we have to do the best we can. Fireworks in general are making big changes. He met with the Fire Marshal and Police Chief and will meet with them again to address some of the things that were brought up this morning. We appreciate the way you handled this today. Ken Herzoff, representing Fireworks Warehouse and American Fireworks, Vice President of Firework Pyrotechnic Association, reiterated Mr. Davis' comments about the way this issue had been handled by the City. Councilor Elmore encouraged citizens to call the Police when someone is shooting off fireworks. He suggested Neighborhood Watches to help stop illegal shooting of fireworks. Mayor reiterated that nothing would be put on the agenda regarding changing the Fireworks Ordinance. Mayor thanked everyone who was present. Item 9b ORDINANCE NO. 26-2008 ORDINANCE AMENDING ORDINANCE 41-2007 AT SUBSECTION 5.01, ENTITLED RIGHTS-OF-WAY FEE, TO UPDATE THE MONTHLY FEE FOR ACCESS LINE RATES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Smith that Ordinance No. 26-2008 be passed. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 317 Item 9c ORDINANCE NO. 27-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ARTICLE III, SOLICITORS, BY THE ADDITION OF SECTION 26.65, SAFETY VEST REQUIRED; 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. 27-2008 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9d ORDINANCE NO. 28-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING RULES OF USE OF THE SKATE PARK; 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. 28-2008 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9e ORDINANCE NO. 29-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; 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. 29-2008 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 318 Item 10a RESOLUTION NO. 56-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF FOUR (4) HARLEY-DAVIDSON POLICE MOTORCYCLES FROM RED RIVER HARLEY-DAVIDSON IN THE AMOUNT OF $63,980.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 56-2008 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10b RESOLUTION NO. 57-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR; AUTHORIZING PAYMENT OF 10 CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY; 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. 57-2008 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10c RESOLUTION NO. 58-2008 RESOLUTION APPROVING A CONTRACT WITH FURSTENBERG CONSTRUCTION COMPANY, INC FOR THE REPAIR AND ADDITIONAL MITIGATION WORK TO HANGAR 3 AT THE WICHITA FALLS MUNICIPAL AIRPORT AND MAKING AN APPROPRIATION OF $24,050 FROM AIRPORT EQUITY TO COVER THE UNBUDGETED AMOUNT OF THESE REPAIRS WHICH ARE NOT FUNDED BY FEMA OR LANDMARK AVIATION; 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. 58-2008 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 319 Item 10d RESOLUTION NO. 59-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE FOURTH AMENDMENT TO A WATER PURCHASE CONTRACT WITH THE CITY OF IOWA PARK; 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. 59-2008 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10e RESOLUTION NO. 60-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE TRANSFER OF THE RIGHT-OF-WAY OF 5T" AND 6T" STREETS; 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. 60-2008 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 1Of RESOLUTION NO. 61-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING CHANGE ORDER NO. 1 FOR THE CYPRESS WATER TREATMENT PLANT SITE CIVIL AND COMMUNICATION IMPROVEMNETS PROJECT (CWF07-544-13); 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-Bums that Resolution No. 61-2008 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 320 Item 10g RESOLUTION NO. 62-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NOS. 1, 2, AND 3 FOR 2008 STREET REHABILITATION PROJECT(CWF08-100-04); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 62-2008 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10h RESOLUTION NO. 63-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING CHANGE ORDER NO. 1 FOR THE MAPLEWOOD AVE/LAWRENCE RD/QUAIL CREEK DRAINAGE & STREET IMPROVEMENTS PROJECT (CWF07-562-01); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 63-2008 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10i City Manager requested that this item, relating to the Change Order and final acceptance of the Yard Piping Project at Cypress, be removed from the agenda. M.W. Builders sent a letter requesting that this item be removed; they have some questions and concerns as to how the liquidated damages were calculated. Our intent is to bring this back to Council June 17, 2008. Item 100 RESOLUTION NO. 64-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ENDORSING AN APPLICATION TO THE 4B SALES TAX BOARD FOR FUNDING ASSISTANCE TO CONSTRUCT A PARKING LOT AT THE SKATE PARK; 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. 64-2008 be passed. Motion seconded by Councilor Smith and carried by the following vote. 321 Item 10i continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council recessed at 11:15 a.m. and reconvened at 11:30 a.m. Item 11 a City Manager expressed appreciation to Mr. Scott Taylor, Director of Public Works, for his 18 years of service to the City. He is leaving the City to pursue a great opportunity in the private sector and we wish him well. This is going to be his last Council meeting. He has been with the City for almost 18 years and I have had the pleasure of working with him for about six years. We are going to miss him a lot and we have some big shoes to fill. He is highly respected by his employees, department heads and his peers. I am very proud of his dedicated service. He has touched literally hundreds of projects with great significance. He has worked on infrastructure improvements that we will enjoy for many decades. On behalf of all the City employees I want to thank Scott and want to wish him and his family the very best. City Clerk provided election information on the last day of Early Voting, and polling locations that will be open on Saturday May 10, 2008 for the Councilor District 4 Election. City Clerk introduced the new Deputy City Clerk, Jessica Wheat. Mr. Dave Clark stated that he has enjoyed working with Mr. Scott Taylor; it has been a real joy and humor keeps things going. Whenever you need help Scott and his staff are always ready to help. M. Clark reported on the Mitigation Plan and payments for funding potential. He mentioned that the Plan was submitted in Feb. 2006 and it was revised in 2007 and again in 2008. He gave credit to Mary Kilgo and Dennis Wilde from Nortex and Mark Lundgren from Sen. Thornberry's office for helping us to get this done. We are getting another extension until May 30. It has been indicated that with the approval of our Plan we will be getting the funding that we asked for and we look forward to that. Item 11 a (2) Mr. Matt Benoit gave brief comments on what this study represents and the concern and care given by the Architects in preparing this study. Mr. Benoit introduced Mr. Dean Roberts and Mr. John Wurtzberger with PSA Dewberry, who office in Chicago, and the local Architects Mr. Monty Monson and Mr. Conrad Staley with Staley, Baker and Monson. Mr. Dean Roberts gave a presentation on the findings from a Needs Assessment for a New City Hall and Police Department, assisted by Mr.Wertzberger, Mr. Monson, and Mr. Staley. Item 11 b Councilor Roberts-Burns thanked Mr. Scott Taylor for his services and some of the work he has done in District 2 such as the River Road Wastewater Treatment Plant and the Bristol- Normandy Project. She wished him good luck. Councilor Elmore commented that in the years Mr. Scott Taylor has been here he is going to take a considerable amount of Wichita Falls with him. Councilor Elmore congratulated MPEC; he received an excellent recommendation from the Texas Alliance Energy producers. They have done a great job. Councilor Elmore has been working with Bob Sullivan and his staff on the Citizens Police Academy Conference that will be here in July and he is very impressed with the way that is going. Councilor Elmore was pleased with the plantings that are being done on the peripheral of the Skate Park, between the Skate Park and the businesses out there. He is very pleased 322 ' Item 11 b continued with that. He encouraged people who are not in the privacy fence requirement to begin looking at some of this; a possible organic or landscaping to utilize in lieu of screening fences. We have allowed this and because they are not covered by the Screening Ordinance at this time does not mean they will not be in the future. As this sort of thing develops there will be more and more screening requirements because of the public access to the public areas that do not exist right now. He encouraged citizens to do landscaping on their properties to make them look a little bit better. Councilor Elmore wished Mr. Scott Taylor well; he enjoyed picking on him. Councilor Barham commented to Mr. Scott Taylor that he has done a fantastic job for the City and the surrounding area. It has been a pleasure and wished him the best of luck. I know your family will still be here and anything we can do for your family let us know. Councilor Barham asked that we keep Mr. Mike Miller, small engine maintenance worker at Central Services, in our prayers and thoughts. He suffered a motorcycle accident. He also asked that we keep the families of Maj. Brad Funk and 2nd Lt. Alec Littler, 80th Training Wing, in our thoughts and prayers in their loss. Councilor Hatcher thanked Mr. Scott Taylor for everything and said he was going to leave his cell phone number so we can call on him. He knows he will still be around. Councilor Gonzalez thanked Mr. Scott Taylor for his service to the City but he had a couple of questions before he leaves. Councilor Gonzalez asked Mr. Taylor to review the water restrictions for the citizens. Mr. Taylor provided those restrictions. Councilor Gonzalez asked about the water tower that is almost complete and when the water pressure is going to increase. Also, there are rumors that the infrastructure for the new higher water pressure could not take care of the needs. Mr. Taylor informed that the elevated tank by itself will not increase the pressure because we can fill the tank now but it will definitely make the pumps run at lower flow rates. The new high service pump station at Cypress will have to be in place and it will be designed to pump to the elevated tank at the demand flow rate. Our Consultant is designing the new pump station to meet that requirement. The new infrastructure once in place will be more than adequate to meet the needs and will be able to deliver 70 million plus gallons of treated water and that includes a fully functional RMO Plant and a fully functional 10 million gallon expansion of Cypress. Councilor Gonzalez asked what kind of pressure the residents could expect. Mr. Taylor replied that we are required to have a 35 PSI on the City side of the meter. You have to realize that on residential you could have 15 -25 PSI loss so you could be at 20 PSI on the resident's side of the meter. We meet the state criteria of 35 PSI. Mayor Lyne asked for a time line and Mr. Taylor replied that construction would take approximately twelve months. Councilor Gonzalez expressed appreciation to Mr. Taylor for all the answers he has given and the explanations to where our citizens would be aware of what is really going on and not the rumors. It lets them know that we are on top of everything. Thank you for all your help. Councilor Smith thanked Mr. Scott Taylor for his expertise and what he does, your devotion and motivation to get things done. I have learned so much about public utilities in the past eleven months. You are at the top of your art. Councilor Smith asked where he would leave us with our flood control options and a time line. Mr. Taylor informed that they will put a budget line item in the Storm Water Fund for a study to evaluate alternatives. We want to make sure that all alternatives are evaluated more fully by persons who have the time and expertise to do that. I recommend that if that is approved in the budget, that in August an RFP for consultants be sent out to evaluate so that a selection can be ready to be put before the Council at the first part of October so they can start the study immediately. I think it will take about 9-12 months to do that study. The study can be brought back to the Council with a good recommendation during the next budget planning cycle. Then funding can be pursued. I believe this project will be worthwhile on the state and federal level. I do not think the City should not have to bear 100% of the costs. If it goes outside the City limits, it benefits the County and anybody that is downstream of the flood control structure. Councilor Smith thanked Mr. Taylor and wished him good luck. 323 Item 11 b continued Councilor Smith mentioned that there would be an open house at Kickapoo Airport May 15 for everyone to attend and see the Curtiss Jenny aircraft purchased by the City. There will be a dinner provided by the Branding Iron, cost is $40. The hangar has been remodeled and there are many resources in the hangar available for you to see that evening. Part of this is a fund raiser. One of our local foundations has given money for the Curtis Jenny and has provided additional funding as a matching grant for any donation that you give to the Curtis Jenny project. They will match that. We are looking to raise $50,000 additional funds. This is through the Museum of North Texas History. May 8 is the reservation deadline. Looking forward to a big crowd. Mayor Lyne expressed appreciation to Mr. Scott Taylor for all the years he has put in here at the City. He wishes he could download his brain with pubic utility information. You have done a great job and handled huge projects and handled a massive staff that covers a lot of territory and you have done it well and we do appreciate that. Since you are going into the consultant business we expect a discount rate when you do work for us. You will be sorely missed. We will try to find persons to try to work to fit your shoes. Mayor Lyne informed that the City Attorney and he have been working with Time Warner Cable to solve some of the customer service issues that have been going on in the community and I think we are making progress with them. Mayor Lyne seconded Councilor Elmore's comments about Mr. Bob Sullivan, and likewise the Texas Alliance was an outstanding conference and covered a ton of space which makes them a good client; however, they will not be a client if we are not doing our job. Alex Mills and his staff appreciate the work of Mr. Sullivan's staff. Mayor Lyne informed that he had received a letter from Tommy Smythe on the Gang Injunction Conference; there was some great information. They congratulated the City for not turning a blind eye to gangs. There are cities who do not believe there are gangs. They complimented the Convention and Visitor's Bureau Director and Mr. Bob Sullivan's staff and they want to come back and do it again. That is a pat on the back. Mayor Lyne informed that this was somebody else's last Council meeting — Councilor Gonzalez will be leaving us. He is going to the dark side, but now we have an inside guy. This is a great opportunity for you and we are going to miss you. I know you will do well. You have done a great job and served the City in so many capacities and we appreciate your service to the City. Item 12 Moved by Councilor Hatcher that Mr. Phillip Golden be appointed to the Traffic Safety Commission, Place 14, with term to expire December 31, 2009. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13 City Council went into Executive Session at 12:58 pm. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 1:46 p.m. Mayor announced that no votes or polls were taken during Executive Session City Council adjourned at 1:47 p.m. 324 PASSED AND APPROVED this day of 2008. MAYOR 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, May 6, 2008 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1 . Call To Order 2. (a) Invocation: Pastor Michael Roberson Lamar Baptist Church (b) Pledge Of Allegiance 3. Presentations (a) Proclamation - Letter Carrier's Food Drive (b) Proclamation - National Nurse's Day (c) Proclamation — Foster Parent Month (d) Proclamation - Motorcycle Safety & Awareness Month (e) Presentation By Police Chief And Motorcycle Officers (f) Presentations: Certificates of Achievement in Environmental Excellence — Health Department (1) PPG Industries, Inc. (2) Tranter, Inc. (3) Signal-Hill, Wichita Falls Power, LP (g) Employee Of The Month — Health Department - Julie Claiborne 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) March 11 , 2008 Special Meeting Of The Mayor And City Council And Joint Meeting With The Mayor's Steering Committee And The Park Board. City Council Agenda Tuesday, May 6, 2008 Page 2 (b) April 8, 2008 Special Meeting Of The Mayor And City Council And The Mayor's Steering Committee. (c) April 15, 2008 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolutions (a) Resolution Authorizing The Purchase Of Two (2) Front Load Refuse Bodies And Two (2) Automated Curbside Collection Bodies Through The Buyboard Cooperative Purchasing Program From Heil Environmental Industries, LTD (Council Bill #79) (b) Resolution Authorizing Award Of Bid For The Purchase Of Two (2) 60,000 GVW Cab & Chassis And Two (2) 58,000 Cab & Chassis To Bruckner's Truck Sales (Council Bill #80) (c) Resolution Authorizing The Purchase Of Twenty (20) In-Car Video Systems, In The Amount Of $55,725.00 (Council Bill #81) 7. Receive Minutes (a) Wichita Falls MPO — Technical Advisory Committee Jan. 16, 2008 (b) Landmark Commission, January 21 , 2008 (c) Library Advisory Board, January 22, 2008 (d) Public Health Board, February 22, 2008 REGULAR AGENDA 8. Public Hearing to Determine if Certain Buildings and/or Structures to be Dangerous 9. Ordinances (a) 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 (Council Bill #82) City Council Agenda Tuesday, May 6, 2008 Page 3 (b) Ordinance Amending Ordinance 41-2007 At Subsection 5.01 , Entitled Rights-of-Way Fee, To Update The Monthly Fee For Access Line Rates (Council Bill #83) (c) Ordinance Amending Article III, Solicitors, By The Addition Of Section 26-65, Safety Vest Required (Council Bill #84) (d) Ordinance Adopting Rules Of Use Of The Skate Park (Council Bill #85) (e) Ordinance Amending The Existing Gas Franchise With Atmos Energy Corporation To Provide For A Different Consideration. (Council Bill #86) 10. Resolutions (a) Resolution To Award Bid For The Purchase Of Four (4) Harley- Davidson Police Motorcycles To Red River Harley Davidson In The Amount Of $63,980.00 (Council Bill #87) (b) Resolution Authorizing Continued Participation With The Steering Committee Of Cities Served By Oncor; Authorizing Payment Of 10 Cents Per Capita To The Steering Committee To Fund Regulatory And Related Activities Related To Oncor Electric Delivery (Council Bill #88) (c) Resolution Approving A Contract With Furstenberg Construction Company For Repairs To Hangar 3 At The Wichita Falls Municipal Airport And Making An Appropriation Of $24,050.00 From Airport Equity To Fund These Repairs (Council Bill #89) (d) Resolution Of The City Council Of The City Of Wichita Falls, Texas, Approving The Fourth Amendment To A Water Purchase Contract With The City Of Iowa Park (Council Bill #90) (e) Resolution Authorizing The City Manager To Enter Into Agreement With The Texas Department Of Transportation For The Transfer Of The Right-Of-Way Of Fifth And Sixth Streets To The City Of Wichita Falls (Council Bill #91 ) (f) Resolution Approving Change Order No. 1 For The Cypress Water Treatment Plant Site Civil And Communication Improvements Project (CWF07-544-13) (Council Bill #92) (g) Resolution To Approve Change Order Nos. 1 , 2, And 3 For The 2008 Street Rehabilitation Project (CWF08-100-04) (Council Bill #93) City Council Agenda Tuesday, May 6, 2008 Page 4 (h) Resolution Approving Change Order No. 1 For The Maplewood Ave/Lawrence Rd/Quail Creek Drainage & Street Improvements Project (CWF07-562-01) A Cost Of $41,123.75 (Council Bill #94) (i) Resolution To Accept Change Order No. 2 For The Cypress Water Treatment Yard Piping Phase 1 Project (CWF03-544-23) And Accept The Cypress Water Treatment Plant Yard Piping Phase 1 Project (CWF03-544-23) And Authorize Final Payment To MW Builders Of Texas (Council Bill #95) 0) Resolution Endorsing An Application To The 4B Sales Tax Board For Funding Assistance To Construct A Parking Lot At The Skate Park (Council Bill #96) 11. Other Council Matters (a) Staff Council Discussion (1) Bill Sullivan - Discussion Of Possible Changes To Chapter 50 Of The Code Of Ordinances Regulating The Possession Of Fireworks And Location Of Fireworks Stands (2) Matt Benoit — Presentation By PSA Dewberry And Staley, Baker, Monson On The Findings From A Needs Assessment For A New City Hall And Police Department (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Appointment To The Traffic Safety Commission. 13. Executive Session For Evaluation Of The City Clerk As Authorized By Section 551 .074 Of The Texas Government Code 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, May 6, 2008 Page 5 CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2008 at o'clock (a.m.)(p.m.). City Clerk