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Min 08/21/2007 142 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building August 21, 2007 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 Glenn Barham - Councilors 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 Mayor Lanham Lyne gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mayor proclaimed the Junior League's Now Serving Cook Book as the official cookbook of Wichita Falls and asked everyone to support the Junior League by purchasing a Now Serving Cook Book. Katy Parker, Jr. League President and Paula Perkins accepted the proclamation and expressed appreciation to the Council for their support, as well as the entire community. Proceeds are returned to the community by supporting various non-profit organizations. Item 3b Mr. Matt Benoit reviewed the Skate Park Concept Design. He went over the features of the skate park. He mentioned that they are considering some lighting in order to keep the skate park open into the evening; however this does not mean it would be a 24 hour facility. The estimated cost is $412,500 with a total budget of$500,000. Some items being considered are a parking lot, sidewalk, lighting, landscaping, and restrooms. Construction could begin in October or November. If we go over budget we will suggest that we look at 413 funds. It will be a four month construction process. Jarvis Polvado, owner Texoma Cycling Center, believes that the skate boards and bicycles should both be allowed the use of the skate park at the same time. He mentioned that the Amarillo skate park does not allow pegs on the bikes because of the maintenance issue. They allow both skate boards and bikes and have not had any problems. Mr. Polvado stated that kids are going to go there with their bikes anyway. We need to be proactive. You have skaters and bikers beginning at 3 years of age up to adults. The biggest issue is going to be the pegs as they could do some damage. If metal coping is used around the edges you can save on maintenance. 143 • Item 3b continued Councilor Roberts-Burns asked if there would be different times for each group to utilize the skate park. Mr. Polvado would not recommend this because you will need someone to enforce it. Josh Garcia, 1309 Harvey, has been riding bikes seriously for six years and he has had to travel to other areas, Austin, Irving, Arlington, to use their skate parks, and that gets expensive. Wichita Falls has needed a skate/bicycle park for a long time. He thanked the Council for taking positive action on a skate park and for bringing one here. He is familiar with all aspects of bicycle riding and offered to answer any questions. Mayor asked Mr. Garcia's opinion on the pegs and combined use of the park by both skaters and bicycles. Mr. Garcia informed that Allen, Texas has an enormous skate park and they allow both, but the pegs have to be duct taped. He does not think that is going to be an issue if they are asked to remove the pegs from their bikes. You may have some conflict but that will help the skaters and bikers learn to work together. That is skate park etiquette and it is learned. This helps us to co-exist in a skate park. That will be between the users of the skate park. Councilor Smith asked Mr. Garcia to clarify what the pegs were and where they are on the bikes. Mr. Garcia explained that the pegs are used to perform tricks like grinding and stalling. He added that if the edges of the bowl have steel coping on them pegs are not necessary. The trend now is to go "pegless". The pegs are placed on the axles and can be detached from the bike. Item 4 Josie Rose, 608 Woods, asked that the City not demolish 610 Woods and 1010 Redwood. She wanted to know what it would take to repair those homes and use them for the flood victims so they can remain on the east side. She wanted to know what she and other volunteers needed to do to obtain those properties and rehab them. Mr. Dave Clark will go back and look at those two properties to see what can be done. Councilor Elmore stated that Mrs. Arthur B. Williams had suggested swapping property and taking the flood victims into an area that is not flooded. Mr. Clark mentioned that this suggestion has been made. Most of the properties we are talking about are Trustee properties and we will have to work with those entities. There are State requirements as well. Kelly Mestas, 5235 Kinston Dr. spoke on protecting civil rights. Mr. Mestas felt that this needed to be addressed at the local level. He thought that we could guard our homeland security without violating civil rights. He asked Council to consider passing a resolution that we would not comply with the sections of the Patriot Act that are unconstitutional. He would like for us to entertain the idea of being a free people and have a democracy. Councilor Elmore asked that we check to see what has been passed by other communities regarding this. Mr. Mestas will provide Council with copies of the resolutions passed by other cities. Item 5 The Minutes were approved as distributed. City Council recessed at 9:15 a.m. and reconvened at 9:30 a.m. Items 6-7b City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Elmore that the Consent Agenda be approved. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore 144 Items 6-7b continued Nays: None RESOLUTION NO. 130-2007 RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT $34,000 IN GRANT FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY/UNITED STATES FIRE ADMINISTRATION ASSISTANCE TO FIREFIGHTER GRANT PROGRAM FOR THE CREATION OF A WELLNESS AND FITNESS PROGRAM FOR THE WICHITA FALLS FIRE DEPARTMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Items 7a -7b Minutes of the following boards and commissions were received. a) Traffic Safety Commission, June 6, 2007 b) Wichita Falls-Wichita Co. Public Health Board, April 27, 2007 Item 8a ORDINANCE NO. 71-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAPPOINTING DAN TOMPKINS AS SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Ordinance No. 71-2007 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 8b ORDINANCE NO. 72-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADJUSTING WATER CHARGES ON THE JULY 2007 WATER BILL OF A CUSTOMER AT 4501 LISA LANE DUE TO A LEAK EXPERIENCED DURING THE RECENT FLOOD DISASTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Ordinance No. 72-2007 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 145 Item 9a RESOLUTION NO. 131-2007 RESOLUTION GRANTING A 25 X 25 FOOT EASEMENT LOCATED AT 4400 BARNETT ROAD, ALSO KNOWN AS 0.224 ACRES OUT OF BLOCK 18, DENTON COUNTY SCHOOL LAND, AN ADDITION TO THE CITY OF WICHITA FALLS AS RECORDED IN VOLUME 1798 PAGE 610, WICHITA COUNTY PLAT RECORDS TO SOUTHWESTERN BELL TELEPHONE LP DBA AT&T MORE SPECIFICALLY DESCRIBED AND IN THE ATTACHED EXHIBIT "A" SURVEY; 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. 131-2007 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. 132-2007 RESOLUTION GRANTING AN ACCESS EASEMENT, UNDERGROUND EASEMENT, AND EQUIPMENT EASEMENT LOCATED OUT OF THE DAY LAND AND CATTLE CO. SURVEY NO. 1, A-619, SAID EASEMENT ALSO BEING OUT OF THAT 9,995.47 SQ FT TRACT OF LAND CONVEYED TO THE CITY OF WICHITA FALLS AS RECORDED IN VOLUME 1855, PAGE 374, WICHITA COUNTY PLAT RECORDS TO SOUTHWESTERN BELL TELEPHONE LP DBA AT&T MORE SPECIFICALLY DESCRIBED AND IN THE ATTACHED EXHIBIT "A" SURVEY 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. 132-2007 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. 133-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AWARD OF BID AND CONTRACT FOR THE DEMOLITION AND CONSTRUCTION OF A NEW CART BARN AT WEEKS PARK GOLF COURSE; 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. 133-2007 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 146 Item 10a Mr. Bob Sullivan informed that the City's Fireworks Display has been rescheduled for September 2 at MPEC. There will be a concert stage with three bands, food and beverage vendors, clowns, and free ice skating. The event will begin at 6:00 p.m. and the fireworks are scheduled for 8:45 p.m. Public is invited. Mr. Dave Clark provided an update on the planning process for the Comprehensive Plan. City Manager informed that FEMA has issued a registration deadline of August 28 for flood damage assistance. Item 10b Councilor Roberts-Burns thanked Mr. John Burrus for getting the lights up at the overpass. She asked that the shrubs be trimmed at the corner of M.L.K. Drive and Scott Street. Councilor Barham thanked Mr. Scott Taylor for the new councilor orientation and the tour to the River Road Treatment Plant. He was impressed by the Public Works Department and the work they do. Councilor Hatcher reminded everyone that Hotter'n Hell Hundred event will be this weekend and he asked that we be courteous to the influx of cyclists that will be in town. The spaghetti feed will be on Friday night at MPEC beginning at 5 p.m.; the public is welcome. On behalf of Roby Christi and the Hotter'n Hell Hundred he thanked Mr. Bobby Teague and staff for getting all the hotels back open to have a place for these folks to stay. Councilor Gonzalez asked that Staff and Council work on a less threatening letter sent out by Code Enforcement. City Manager stated that staff will look at that and prepare some drafts for Council to review. Councilor Gonzalez wanted to know who was responsible for maintaining easements. Mr. Taylor informed that City maintains the drainage easements but property owners are responsible for utility easements. Councilor Smith referred to the Patriot Act and the request from Mr. Mestas and stated that our legal staff should bring the background to the Council as well as resolutions adopted by other cities. We need to look at this. He asked that the City Attorney look into that and provide some background to the Council on what we are being asked to do. Councilor Smith supports trading lots for those who lost homes in the flood. That is an opportunity to beautify areas in the east side. Turning those areas into parks and providing another location for the flood victims to reside. He would like to see a map of the flooded areas and exactly what Council would be looking at. Councilor Smith stated that the new councilor orientation was completed and it was a wonderful experience. The City has turned Kickapoo into a first rate facility. Councilor Smith thanked the City for allowing Councilor Barham and himself to attend a new councilor training presented by TML. It has been very helpful. Councilor Smith congratulated Police Chief Bachman and his staff for a successful Police Academy and for the graduation ceremony. It was well attended and there were fourteen officers who graduated. Item 11 City Council went into Executive Session at 10:00 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 10:18 a.m. Mayor announced that no votes or polls were taken during Executive Session. 147 Item 12a Mayor announced that Mr. Gary McClendon's appointment to the Wichita Falls Economic Development Corporation Board was confirmed. Item 12b Moved by Councilor Gonzalez that term limits for Mrs. Elizabeth Edwards, Place 1, and Mrs. Eleni Moshtaghi, Place 2, be waived, and that they be reappointed to the Arts Commission with terms to expire July 31, 2009. 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 Item13 City Council went into a work session to consider the proposed FY 2007-2008 budget. Item 14 City Council recessed at 3:40 a.m. to reconvene on August 22, 2007 at 8:30 a.m. City Council reconvened on August 22, 2007 at 8:30 a.m. to continue the worksession on the FY 2007-2008 Budget. Additional information was received from the City Manager and Finance Director as well as Directors. Item 15 RESOLUTION NO. 134-2007 RESOLUTION EXPRESSING THE CITY COUNCIL'S INTENT TO PLACE A PROPOSAL ON A FUTURE COUNCIL AGENDA APPROVING A PROPERTY TAX RATE THAT EXCEEDS THE NOTICE AND PUBLIC HEARING LIMIT; SCHEDULING TWO PUBLIC HEARINGS, AND ESTABLISHING THE DATE TO VOTE ON SAME; 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. 134-2007 be passed. Motion seconded by Councilor Gonzalez. The property tax rate approved was $0.56246 per $100 assessed value. Public hearings will be scheduled for September 4, 2007 during regular Council meeting, and a special called meeting for September 11, 2007 at 8:30 a.m. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None • 148 City Council adjourned on August 22, 2007 at 10:30 a.m. PASSED AND APPROVED this day of , 2007. MAYOR ST: ydia Ozuna ity 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, August 21 , 2007 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: Reverend Ron Barnard, Pastor Heritage Assembly of God Church (b) Pledge Of Allegiance 3. Presentations (a) Proclamation - .Now Serving, Official Cookbook of Wichita Falls - Junior League (b) Update And Discussion Item On The Skate Park — Matt Benoit 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 7, 2007 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolution Authorizing the City Manager to accept $34,000 in Grant Funds from the Federal Emergency Management Agency/United States Fire Administration-Assistance to Firefighter Grants Program for the creation of a Wellness and Fitness Program for the Wichita Falls Fire Department (Council Bill #202) City Council Agenda Tuesday, August 21, 2007 Page 2 7. Receive Minutes (a) Traffic Safety Commission, June 6, 2007 (b) Wichita Falls-Wichita Co. Public Health Board, April 27, 2007 REGULAR AGENDA 8. Ordinances (a) Ordinance Reappointing Substitute Judge Of The Municipal Court For A Term Of Two Years (Council Bill #203) (b) Ordinance Adjusting Water Charges On The July 2007 Water Bill Of A Customer At 4501 Lisa Lane Due To A Leak Experienced During The Recent Flood Disaster (Council Bill #204) 9. Resolutions (a) Resolution Granting A 25 Foot X 25 Foot Easement Located At 4400 Barnett Road To Southwestern Bell Telephone (DBA) AT&T (Council Bill #205) (b) Resolution Granting An Access Easement, Underground Easement, and Equipment Easement Located Out Of The Day Land And Cattle Co. Survey No. 1, A-619, To Southwestern Bell Telephone (DBA) AT&T (Council Bill #206) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Executive Session: Consider Qualifications Of Possible Appointees To The W.F. Economic Development Corporation Board (4A) As Authorized By Section 551.074 Of The Texas Government Code. 12. Appointments/Reappointments To The Following Boards and Commissions: (a) W.F. Economic Development Corporation Board (4A) (b) Arts Commission 13. Work Session to Consider Proposed FY 2007-2008 Budget City Council Agenda Tuesday, August 21, 2007 Page 3 14. Recess And Reconvene On Wednesday, August 22, 2007, At 8:30 A.M., And Thursday, August 23, 2007, At 8:30 A.M., If Necessary. 15. Resolution Expressing The City Council's Intent To Place A Proposal On A Future Council Agenda Approving A Property Tax Rate That Exceeds The Notice And Public Hearing Limit; Scheduling Two Public Hearings, And Establishing The Date To Vote On Same (Council Bill #207) 16. 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. 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 2007 at o'clock (a.m.)(p.m.). City Clerk ADDENDUM TO 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 On Tuesday, August, 21 , 2007, 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. (c) Resolution Approving Award Of Bid And Contract For The Demolition and Construction Of A New Cart Barn At Weeks Park Golf Course (Council Bill #208) Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on 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. CERTIFICATION I certify that the above Addendum to the notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 2007 at o'clock (a.m.)(p.m.). City Clerk