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Min 04/15/2008 302 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building April 15, 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 called the meeting to order. Item 2a Councilor Hatcher gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Sheila Catron, 2007 Falls Fest Co-Chair, and Kathy Partridge, 2008 Falls Fest Co- Chair, presented the City with a check in the amount of$24,635.18, proceeds from 2007 Falls Fest. They will also present a check to their other sponsor, Streams and Valleys. Mayor Lyne and Mr. Jack Murphy accepted the check and expressed appreciation to the Junior League for the donations of Falls Fest every year. Mr. Murphy stated that Falls Fest profits go back to improvements in Lucy Park. Item 3b Mayor proclaimed April 13-19, 2008 as "Public Safety Telecommunications Week" and urged all citizens to show their appreciation to these fine individuals who work diligently to see that our health, safety, and well being are watched over with professionalism and compassion. Deputy Chief Laura Drury, Janet Ward, Communications Supervisor, and Penny Rhoades, Dispatcher, accepted the proclamation on behalf of all the dispatchers. Mrs. Ward gave information on their responsibilities and stated that it was an honor to accept this proclamation on behalf of the employees they represent. She thanked them for all the hard work they do. Item 3c Mayor proclaimed April 26, 2008 as "Christmas in Action Day" and congratulated them on their 25th Anniversary; he encouraged all citizens to open up their tool box and make a lifetime of changes by volunteering. Mr. Mark Masman accepted the proclamation and expressed appreciation to everyone involved in this endeavor. Past Chairs Mrs. Mary Ward and Mr. Don Freire were also in attendance. F f , 303 Item 3d Mr. Mike Edgin, Edgin, Parkman, Fleming, & Fleming, PC, gave a presentation of the City's Comprehensive Annual Financial Report. Item 4 Steve Wilkinson, 3203 Sue Ann, mentioned that they had discussed a nationwide retirement system with the City Manager; it is an option for a 457 plan similar to ICMA. This would be a second option for the employees and they would like to have a representative come and speak with the City Manager about this plan. Jarvis Polvado, 4807 Eldorado, owner of Texhoma Cycling Center, stated that they have seen a great deal of purchases and use of bicycles for health reasons and the fuel situation. Part of the Diversification Plan was to bring more people into our City and one way is to develop a bicycle strategic plan. Hotter 'N Hell Hundred is one of the largest events we have and we should be able to take off of that event and make it even better and become one of the friendliest cycling City in Texas. He suggested modeling ourselves after Austin; they have been in the top five cities in the United States for bicycle safety and cycle friendliest. As a citizen and business owner, he challenged the Council to get a committee together to move forward on the trail system and even into the bike lanes; he volunteered to be a part of that. Item 5 The April 1, 2008 City Council minutes were approved as distributed. Items 6a —6c City Manager read 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, Gonzalez, and Elmore Nays: None Items 6a —6c Minutes of the following boards and commissions were received. a. Wichita Falls-Wichita County Public Health Board, Jan. 10, 2008 b. Traffic Safety Commission, February 6, 2008 c. Park Board, February 28, 2008 Item 7 A Public Hearing was held to facilitate and receive public comment on the City's application to obtain the U.S. Army Reserve Post At 3315 Ninth Street in Wichita Falls for the purpose of consolidating park maintenance and providing a neighborhood park. Mayor declared the Public Hearing open. Mr. Dave Clark reported that the City continues to pursue the potential use of the Army Post that will be closed due to BRAC closings. Mrs. Karen Montgomery gave the status on this application and informed that several public hearings have been held on this and also advertised for interest with homeless providers in 2006, but did not receive any notices of interest. A draft report was submitted in 2007 and this is the second public hearing. She informed that the process is going smoothly. We have not received any notices of interest other than the City's submission. We notified the neighborhood within 200 feet and did not receive any concerns or complaints. They were 304 Item 7 continued pleased that the property would not remain vacant and that park maintenance would be consolidated. Councilor Elmore asked for a projection. Mr. Clark replied that they will be moved out in 2009; therefore, this could be taken up in the next budget year. I hope it will be given to us at no cost. He commented that the potential to combine the park maintenance would be much better in the long run. City Manager stated that this has been a bureaucratic process. He thinks we have a good plan; we have two parks maintenance facilities that are apart from each other and we have outgrown them. When we put them together it will be a better situation and we will be able to create a neighborhood park. Councilor Elmore was glad we had this opportunity. Mayor called for additional comments. There being none Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 23-2008 AN ORDINANCE AMENDING CHAPTER 106 UTILITIES OF THE MUNICIPAL CODE BY THE ADDITION OF ARTICLE XI ENTITLED MUNICIPAL SETTINGS DESIGNATION; 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. 23-2008 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 8b ORDINANCE NO. 24-2008 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A BULLETPROOF VEST PARTNERSHIP GRANT AND TO APPROPRIATE FEDERAL FUNDS INTO THE BUDGET; 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. 24-2008 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 f s 305 Item 9a RESOLUTION NO. 49-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A 35,000 GVW TRUCK MOUNTED SEWER JETTER TO WICHITA FALLS FREIGHTLINER , IN THE AMOUNT OF $152,357.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 49-2008 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 9b RESOLUTION NO. 50-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE GREGG ROAD AND LANGFORD LANE IMPROVEMENTS PROJECT CWF08-442-09; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTUION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 50-2008 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 9c RESOLUTION NO. 51-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDERS NO. 2 AND NO. 3 TO A CONTRACT WITH GE MICROWAVE DATA SYSTEMS, RFP #6-08 IN THE AMOUNT OF ($25,833); FINDING AND DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution 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, Gonzalez, and Elmore Nays: None 306 Item 9d RESOLUTION NO. 52-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AMENDMENTS TO THE 2007-2008 BUDGET OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION FOR YTO USA, TRYER PROCESS EQUIPMENT AND THE PURCHASE OF FOUR LOW- FLOOR TRANSIT BUSES; 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.52-2008 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 10a City Clerk provided information on the upcoming May 10, 2008 Municipal Election. Mrs. Amy Cone, Health Department, provided information on the Second Annual Health Fair held last weekend. Item 10b Councilor Smith informed that this Saturday the West Floral Heights Neighborhood Association would be conducting its annual Spring Cleanup. He asked that interested persons call him for additional information. Councilor Smith mentioned the question he had about the nomenclature of the Municipal Airport and that Ms. Monica Morris had researched that and informed that there is no difference in the name of municipal or regional. When a new terminal is built, Council can consider naming that particular structure the Wichita Falls Regional Airport. Councilor Smith gave a `high five' to MPEC for its first sellout for the Disney show"High School Musical". It was a great success and he looks forward to more entertainment of that nature and to fill the MPEC. Councilor Smith stated that it is still a concern about certain places in the City that do not look as well as we would like. The trash situation continues to be a challenge and the two buildings that come up for discussion are the old General Mills building and the Riverside Motel on Scott Street. We need to see what we can do to make these structures look better. He challenged the art students at Midwestern and the local high schools to find a way to make our City even more beautiful by covering these ugly structures with art. Councilor Smith referred to Mr. Polvado's statement about bicycle lanes and the trail system, and said he would like to see this pursued; there is support on the Council for that. He thinks that is a priority and maybe there are some 4B funds available to assist with that. The bike lane project is information that has been out there for a number of years and we would like to see that move forward. We are seeing more people riding bikes in our City for recreation purposes as well as for transportation to work. Councilor Gonzalez thanked Mr. Bob Sullivan and his staff for a great job of setting up and everything involved at the Zavala event this past weekend; it was a good turn out. He feels this initiative is going pretty good and he thanked them. Councilor Gonzalez quipped that he hopes the bike lane has a slow lane for old timers like him. f 307 Item 10b continued Councilor Hatcher spoke in defense of the Scott Street motel owner. Whenever it is mentioned at our Council meetings then two or three days later the motel owner is trying to clean it up. It is an empty building and he is trying to do the best he can. There are other areas that need to be attended to as well. Councilor Hatcher gave the Police Department and the Fire Department First Responders a "high five' for their quick and timely response at a serious rollover accident that he witnessed on Martin Luther King Blvd. The police officers were on the scene within thirty seconds and in less than three minutes the first responders were there. He is very appreciative of our guys out there. Councilor Hatcher mentioned a thank you note that Council and Staff received from Leadership Wichita Falls for participating in their government day program. Councilor Barham congratulated Officer Jason Jones for receiving an honorable mention by the National Center for Missing and Exploited Children for his role in the return of a kidnapped teen from Mexico. Councilor Barham reported that Officer Brensing was nominated for Officer of the Year by the Mothers Against Drunk Drivers (MADD). Councilor Barham welcomed everyone who is here for the Texas Energy Alliance Expo; enjoy your stay and your ribs that the Mavericks will prepare for you tonight. Councilor Elmore said that he is presently attending the Citizens Fire Academy and Councilor Hatcher mentioned the Fire Department's quick response. Recently these folks were kidded about the fire suits they have to use, which must weigh 500 pounds. They do a great job and we do appreciate you guys. Councilor Elmore said he had met with Col. Peterson from SAFB and they are going to do an on-line survey for their people as to what they think would be beneficial within the City. He will also visit with Gen. Devereaux about putting together the same thing for the ENJPT and 80th Training Wing; he is interested in seeing those results. Councilor Elmore commented that he was happy with the results at MPEC and felt it was one of the benefits we derived from the sign we put up, and he is pleased with the way that is going. Councilor Elmore mentioned an old pavilion, which is not in good shape, east of Jacksboro Highway and Hatton Road which has a freezer with doors. He asked that staff check into that to make sure it is not a hazard for children or anyone. Councilor Elmore said that there was a lot of traffic confusion with the closing of the bridge and 1-44. Trying to get to the Wal-Mart off 1-44 and the redirection of the traffic to the access road is causing a lot of traffic confusion. He is aware that there is construction on 1-44 and the bridge at the same time, but he felt we may need some kind of traffic control out there. Councilor Roberts-Burns thanked the citizens who attended the town hall meeting March 11 at the Martin Luther King Center. It was a great turnout in spite of the weather and it was a very good meeting. Councilor Roberts-Burns congratulated Officer Jones and Officer Brensing on the recognition they received. Councilor Roberts-Burns asked staff to check into the pothole at Park and Flood Streets. Mayor congratulated the Rider Girls' Soccer Team for getting to State. It was a hard break but it is not easy to get to that level. He congratulated them for representing the City and the Wichita Falls Independent School District. 308 Item 11 City Council went into Executive Session at 10:30 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened in open session at 10:31 a.m. Mayor announced that no votes or polls were taken in Executive Session. Item 12 Moved by Councilor Gonzalez to reappoint Jerry Reed, Place 4, to the Wichita Wilbarger 9-1-1 District Board with term to expire May 11, 2010. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council adjourned at 10:33 a. m. PASSED AND APPROVED this day of 2008. MAYO 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, April 15, 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 Wendell Elms Life Tabernacle Church (b) Pledge Of Allegiance 3. Presentations (a) Presentation - 2007 Falls Fest Proceeds by Junior League (b) Proclamation - Public Safety Telecommunicators Week (c) Proclamation - Christmas in Action 251" Anniversary (d) Presentation Of Comprehensive Annual Financial Report - Edgin, Parkman, Fleming, & Fleming, PC 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 April 1, 2008 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Wichita Falls-Wichita County Public Health Board, Jan. 10, 2008 (b) Traffic Safety Commission, February 6, 2008 (c) Park Board, February 28, 2008 City Council Agenda Tuesday, April 15, 2008 Page 2 REGULAR AGENDA 7. Public Hearing To Facilitate And Receive Public Comment On The City's Application To Obtain The U. S. Army Reserve Post At 3315 Ninth Street In Wichita Falls For The Purpose Of Consolidating Park Maintenance And For Providing A Neighborhood Park 8. Ordinances (a) An Ordinance Amending Chapter 106 Utilities Of The Municipal Code By The Addition Of Article XI Entitled Municipal Settings Designations (Council Bill #73) (b) Ordinance Authorizing The City Manager To Accept The Bulletproof Vest Partnership Grant And To Appropriate Federal Grant Funds Into The Budget (Council Bill #74) 9. Resolutions (a) Resolution Authorizing Award Of Bid For The Purchase Of A 35,000 GVW Truck Mounted Sewer Jetter To Wichita Falls Freightliner In The Amount Of $152,357.00 (Council Bill #75) (b) Resolution To Award Bid And Contract For Gregg Road And Langford Lane Improvements Project CWF08-442-09 (Council Bill #76) (c) Resolution To Approve Change Orders No. 2 And No. 3 For The Public Safety Mobile Data Wireless Infrastructure RFP #6- 08 (Council Bill #77) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Executive Session: Consider Appointment To The Wichita Wilbarger 9-1-1 District Board, As Authorized By Section 551 .074 Of The Texas Government Code 12. Open Session: Appointment To The Wichita Wilbarger 9-1-1 District Board 13. Adjourn City Council Agenda Tuesday, April 15, 2008 Page 3 Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2008 at o'clock (a.m.)(p.m.). City Clerk 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, April 15, 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. ADDENDUM TO REGULAR AGENDA 9. (d) Resolution Approving Amendments To The 2007-2008 Budget Of The Wichita Falls Economic Development Corporation For YTO USA, Tryer Process Equipment And The Purchase Of Four Low-Floor Transit Buses (Council Bill #78) 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