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Min 05/01/2007 73 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 1, 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 Jim Ginnings - Councilors Linda Ammons - 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 Paul Goodrich, First Methodist Church Pastor, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mayor presented foreign exchange students with Honorary City of Wichita Falls Citizen Certificates. Each student identified themselves, their country, host family, and host high school. Each one of the students recognized their host family as the "best host family". Item 3b Mayor proclaimed the month of May 2007 as "Motorcycle Safety and Awareness Month in Wichita Falls". Tracey Hennan and other riders from different motorcycle clubs accepted the proclamation. Item 3c Mayor recognized Mrs. Delia Alaniz, Community Service Aide, Health Department, as Employee of the Month for May 2007. Mayor presented Mrs. Alaniz with a plaque, a check, restaurant certificate, and theatre passes. 74 Item 3d Mayor proclaimed May 1, 2007, as "Rider Soccer Championship Day" in Wichita Falls. The Rider Soccer Team's season record was 23 wins, 0 losses and 0 ties, winning both the District and State Championship. They are the UIL 4A Soccer Champs. Coach Albaro Lopez accepted the proclamation. The Rider Soccer Team introduced themselves. Mayor commended them for this accomplishment which is very difficult to obtain and only through hard work and dedicated commitment is it achieved. Item 4 David Brock, 1819 Hines, stated that there was no liberty and justice in Wichita Falls for all, only for some. He mentioned some tickets he had been issued by the City for a fire wall and a goat issue, however, a former City Councilor, Harold Hawkins, was allowed to do electrical work without a license or permit and was not ticketed. He said he is abiding by City regulations but others are not, and he wants Harold Hawkins and his son, Chip, to be given the same standards as he has. He does not want to have to worry about reprisals. Referring to the Health Department, he stated that the people who write these tickets should be held to the same standards as those citizens that they are going after. He wants to see everyone held to the same standards. Item 5 The Minutes were approved as distributed. Items 6a-7c 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 Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6a RESOLUTION NO. 66-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AUTHORIZING THE PURCHASE OF A %-TON CREW CAB PICKUP TRUCK THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM FROM PHILPOTT MOTORS, IN THE AMOUNT OF $30,993.42; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7c Minutes of the following board and commission meetings were received (a) Library Advisory Board — February 27, 2007 (b) Wichita Falls Economic Development Corporation — March 8, 2007 (c) Construction Board of Adjustments & Appeals— March 30, 2007 75 Item 8a ORDINANCE NO. 43-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AMENDMENTS TO AGREEMENTS BETWEEN THE WICHITA COUNTY - CITY OF WICHITA FALLS, TEXAS HOSPITAL BOARD AND UNITED REGIONAL HEALTH CARE SYSTEM, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE SAME AND FINDING IT IN THE BEST INTERESTS OF CITY RESIDENTS TO ALLOW CONSOLIDATION OF HOSPITAL SERVICES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 43-2007 be passed. Motion seconded by Councilor Hatcher. Mr. Jeff King, Attorney with Haynes and Boone, representing the City of Wichita Falls/Wichita County Health Board, gave a power point presentation summarizing the proposed changes and detailed the arrangements relating to the proposed expansion of the 11th Street Campus of United Regional Health Care System and the future use of the 8th Street Campus facility. Mr. King pointed out that the 8th Street Campus will be used for administrative purposes and non-clinical purposes, and it will not function for clinical purposes. Mrs. Phyllis Cowling, United Regional Health Care System CEO, addressed questions on the asset packages. Councilor Ginnings commented that he was totally in support of what we are trying to do here. He thought that the City-County Board should be self perpetuating. He felt a self perpetuating board works better when we are talking about a charity hospital, but he was not proposing this as a change because this has already been worked out. Councilor Ginnings stated that we have this big asset package now that is being folded into United Regional Health Care, including the 8th Street Campus, and I would like to see United Regional Health Care System consider that as an asset and commission somebody that is able to do these things, like a real estate firm, look at it, determine its highest and best use and undertake to achieve that. If they can come up with value that United Regional Heath Care likes, can sell it, turn it into money and put that into the enterprise. I would ask that you consider that. Think of it that you have all these assets under your control and not dismiss it as something you do not want to fool with. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council recessed at 10:05 a.m. and reconvened at 10:20 a.m. Item 8b ORDINANCE NO. 44-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR STATE HEALTH SERVICES GRANT FUNDING IN THE AMOUNT OF $27,763 RECEIVED FROM TARRANT COUNTY, TEXAS AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; 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. 44-2007 be passed. 76 Item 8b continued Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8c ORDINANCE NO. 45-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES, AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II BUILDING CODES, ARTICLE IV PLUMBING CODES, ARTICLE V MECHANICAL CODES, ARTICLE VII GAS CODES AND ARTICLE XI RESIDENTIAL CODES FOR ONE AND TWO FAMILY DWELLINGS, BY MAKING CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS THERETO; 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. 45-2007 be passed. Motion seconded by Councilor Ammons. Councilor Elmore was not adverse to this but he wanted to have more specific details, but that will take more time than we have today. Moved by Councilor Elmore to table this item. Motion seconded by Councilor Ginnings for discussion purposes. David Brock, 1819 Hines, was glad to see the Energy Code being included. He asked that highlights of this proposed ordinance be posted on the City's website, and would like to have more time to review this. Motion to table failed by the following vote. Ayes: Councilors Ginnings, Hatcher, and Elmore Nays: Mayor Lyne, Ammons, Roberts-Burns, and Gonzalez Main motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8d ORDINANCE NO. 46-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES, CHAPTER 50, FIRE PREVENTION AND PROTECTION, AT ARTICLE III, FIRE CODE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 46-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. 77 Item 8d continued Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8e ORDINANCE NO. 47-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES, AT CHAPTER 46, ENVIRONMENT, ARTICLE II, NOISE, BY MAKING CERTAIN ADDITIONS, AMENDMENTS, AND DELETIONS THERETO; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 47-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9a RESOLUTION NO. 67-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR $260,000 IN GRANT FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY/UNITED STATES FIRE ADMINISTRATION ASSISTANCE TO FIREFIGHTER GRANT PROGRAM TOWARD THE PURCHASE OF A HEAVY RESCUE APPARATUS 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 Moved by Councilor Elmore that Resolution No. 67 -2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9b RESOLUTION NO. 68-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR $34,000 IN GRANT FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY/UNITED STATES FIRE ADMINISTRATION ASSISTANCE TO FIREFIGHTER GRANT PROGRAM TOWARD 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 Moved by Councilor Elmore that Resolution No. 68-2007 be passed. 78 Item 9b continued Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Arnmons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9c RESOLUTION NO. 69-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE ADVANCE FUNDING AGREEMENT FOR THE INTERSECTION IMPROVEMENTS WITH WAL-MART STORES; 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. 69-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9d RESOLUTION NO. 70-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE ADVANCE FUNDING AGREEMENT FOR; THE INTERSECTION IMPROVEMENTS WITH TEXAS DEPARTMENT OF TRANSPORTATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 70-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9e RESOLUTION NO. 71-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID FOR THE SUPPLY OF FILTER MEDIA FOR THE 1987 CYPRESS WATER TREATMENT PLANT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 71-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore • 79 Item 9e continued Nays: None Item 9f RESOLUTION NO. 72-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CHANGE ORDER #1 FOR THE RENOVATION TO 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 Roberts-Burns that Resolution No. 72-2007 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Councilor Ammons stepped out of Council Chambers. Item 9g RESOLUTION NO. 73-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN AGREEMENT WITH CLUB CART FOR THE CANCELLATION OF A LEASE FOR GOLF CARTS AND APPROVAL OF A NEW LEASE UPON COMPLETION OF THE RENOVATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Gonzalez that Resolution No. 73-2007 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9h RESOLUTION NO. 74-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN AGREEMENT WITH CLUB CART FOR THE CANCELLATION OF A LEASE FOR GOLF CARTS AND APPROVAL OF A NEW LEASE UPON COMPLETION OF THE RENOVATION; 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. 74-2007 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 80 City Council recessed at 11:40 a.m. and reconvened at 11:50 a.m. Item 10a (1) Mr. Matt Benoit, Assistant City Manager, reported on the Softball Field Construction Project. Mr. Benoit asked for Council direction on whether to do all or part of the project as well as funding. The attached report labeled "Exhibit A" details design cost estimate, major components and funding options. Mr. Benoit presented the cost and funding for the full 4-field expansion as well as three other options to the Council and asked for direction on which project to bid. Full 4-Field expansion: (Staff's Recommendation) Site Work (will require a new lake) Irrigation system and Grassing Fencing Field Lighting Concrete Improvements (concourse, drives, approaches, bleachers, dugouts) Parking lot (gravel) Scoring/Concession Building All others (utilities, covers, etc.) Architect fees Cost Estimate - $2,580,937 Option #1 included the following: Site Work for 4 fields Complete construction of the 4-field Scoring-Concession Building One-half of the parking lot 2 of the fields would not be lit, would not have concrete improvements, and no dugouts. This Option would create 2 playable fields and two practice fields. Cost Estimate - $2,000,000 Option # 2: This is a strict 2-field addition. Other than the Scoring/Concession Building, one-half of everything is completed. Cost Estimate - $1,725,000 Option #3: This completes all four fields No Concession/Scoring Building Could cause City staff to bring in portable restrooms and concession facilities, Cost Estimate - $1,950,000 After a lengthy discussion and questions, the following action was taken by Council. Moved by Councilor Ammons to approve City Staff's recommendation to fund the full 4-field expansion to be funded as follows: 2006 Debt Issuance $1,000,000 General Fund Equity $ 500,000 4B Sales Tax Funds $ 500,000 Reduction in Traffic Flow Improvements $ 600,000 $2,600,000 Motion seconded by Councilor Gonzalez Councilor Ginnings asked if there had been any provision contemplated to put that money back into the Traffic Flow Improvements from any other source, except budgeting for it next year. Mr. Taylor replied that they will finish the plans on almost all the intersections and will bid the softball complex first and if it comes in under that part of that $600,000, if approved, could be reduced or taken back to the Traffic Flow Improvements. There was one intersection that had to be removed from the list because of TXDOT project. TXDOT is proposing to enclose; the channel along Southwest Parkway. One intersection we were going to work on was Rhea Road and Southwest Parkway, but I do not want to spend funds there that in one or two years will be torn up by that construction. That one was going to be pulled and the other four are relatively small in cost. There is a good compromise of addressing the four large intersections. 81 Item 10a (1) continued Councilor Ginnings suggested that maybe in 2008 4B funds could be used to put the $500,000 back into the Traffic Flow Improvements. City Manager informed that 4B funds could not be used for traffic improvements that are not related to TIF or economic development. Councilor Elmore asked if the City would act as general contractors on this project. Mr. Taylor said he would advise against that because his staff is tied up on several major water projects and he does not have the staff to support us being the general contractor, and he does not think it is a good idea. David Brock, 1819 Hines, suggested asking for some in-kind donations, possibly that the contractors donate some of the fill dirt and work. Councilor Ammons stated that 4A and 4B funds can be used for economic development; Council has previously discussed reducing the 4A funds to be placed in 4B. We have all these projects on the schedule that we need and Wichita Falls is finally realizing that we have to have a quality of life in addition to economic development. We should look at reducing 4A; we can still use 4B for economic development. Councilor Ginnings agreed that if we did not have 4A and still have 413, we would have a lot more flexibility. He does not have any problem with using 4B funds down to a nominal balance. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10a (2) Chief Bachman reported on police funeral escorts. Chief stated that their work load has increased. In 2002 Council discussed this and decided that we were not going to provide funeral escorts. The two main reasons were safety issues relating to intersection car collisions and shortage of man power, number of officers available at that time. The number of officers has not changed although we do have a few more but our work load has increased. Three years ago we arrested 5000—5500 a year and the last three years it has gone up to 8500 a year. That is the problem with the jail out there too. You can see that my officers are quite busy. Chief reported that they had done another survey in September 2005 and checked 26 cities. 13 had private companies providing funeral escorts; 6 of the 26 allowed on-duty officers to perform the escorts; 7 allowed off duty officers. The majority use private companies. He added that these escorts have to stop at red lights and stop signs because they have no authority to govern traffic from the other way and that was one of our issues. You have to cover more than one intersection and that brings up the safety issue. Last year we had 292 collisions at intersections and 117 persons hurt. When an officer stops traffic there may be open lanes on the cross street that would pose safety issues. That patrol goes and several cars go and then you have gaps in the procession; then you will have someone go through the open lanes; and you are going to have a collision and that is my main concern, the safety of these people. It is nice to have a police escort but in reality you create a big safety problem by not having every intersection controlled. We did have a private company several years ago that was going to hire off-duty officers to drive the cars but these vehicles are not emergency vehicles and an officer would have to be in uniform to stop traffic; but a non emergency vehicle cannot go through the red traffic lights. Another concern is if we allow off-duty officers to do this is the availability of the officers as far as when we need officers. Most funerals are in the afternoon and I am left with 2"d and 3`d shift officers and am limited with the man power we have left, and we may not have officers when the funeral homes call for one. We have 85 funerals in one month and I do not think I would have enough officers to go to those funeral escorts. I have a concern if we use on-duty officers because I do not have the man power to do it. We do not have the people and it would be a safety issue. Councilor Roberts-Burns asked if the private companies have the same safety concerns. Chief Bachman replied that they had not contacted any private companies but an officer that used to work here started.a private funeral escort service and he was on a motorcycle and 6 months later he was hit and is now in an assisted care center. 82 Item 10a(2) continued Councilor Elmore asked if we or the private companies had been involved in accidents while providing funeral escort service. Chief replied that they did not have those stats but felt that it was a strong possibility. City Manager guessed that if we were having a lot of accidents in funeral processions without police escorts we would have had an outcry from the citizens. We would have had people here at every Council meeting saying we need to reinstate these police escorts. We have been operating like this for about 4 years and Mr. Lunn said it had been working fine and he recommends we do not change. Our recommendation is that we not change it and keep it as is. He added that there is an opportunity for private sector to get into this business. When the a private business looked into doing this it was not favorably accepted by the funeral homes and people were not willing to pay the high price. A third option is to have our off duty officers have a direct relationship with the funeral homes, however, if there is an accident we do have the liability if an officer is killed. Councilor Elmore asked if off duty officers are prohibited from that kind of relationships with the funeral homes. City Manager replied that they are because first there is no private company out there that is organized that is trying to hire them. The funeral homes have not contacted the officers to hire them off-duty to drive the vehicles. We have done surveys and there are mixed results as to what funeral homes want to see. There is no formal prohibition but they do need to get permission to have secondary employment especially if it involves using a City vehicle. Councilor Gonzalez said that it was not that we are wanting off duty officers to take charge of this because they do have a huge work load. What I have been looking at are the private companies serving in other communities, and getting more input from them for us to make a better choice. There is no choice, for me, as far as trying to use our officers for funeral escort service, but with the private sector there might be an option and that is what I want to see. Councilor Gonzalez wants input from those companies that are already providing this service. City Manager said that there is no prohibition for any of those funeral escort services from bringing their business here; but you want to know why a company prefers to do business in other cities like San Antonio. Councilor Ginnings questioned how they got around running the lights and stated that we do not want to recruit any illegal operations because running the lights is illegal. To perform a legal procession they would have to use police cars or their motorcycles and I don't see how that could be a matter between them and the funeral homes. Chief Bachman stated that in the survey some cities did not charge for the car and some did. About a year ago our cost was $14-$16. Cities were charging $20/hr. or$20 for the whole funeral. It is just hit and miss on the size of the funeral. Councilor Ginnings does not think we should change what we are doing. Chief Bachman thought they are going to have a difficult time covering 85 funerals with one or two officers. If we were to head that direction, I would not recommend that the City organize this but let the funeral homes contact these officers to come to work. Item 10b Councilor Ammons reported on the Wichita Paws Parade and informed that Councilor Gonzalez dog was voted the most ill behaved dog at the parade. Councilor Roberts-Burns was a judge and Councilor Hatcher was the Master of Ceremonies; Councilor Ginnings did not bring his dog but brought his money. She thanked City Staff and Council for their support, as well as those who participated. $500 was raised for the Humane Society. Councilor Ammons said a citizen owns the lot next door to his home and he is using the vacant lot to park there. He was cited by the City and she wanted to know what the procedures are for that. Mr. Clark said he would need details to be able to respond. Councilor Ammons commented that at 2:00 a.m. there were over fifteen juveniles in the club where the person was shot. The paper said they had wrist bands but that is not the place for alcohol and juveniles to be and they do not go hand in hand. Is there a solution to that? Chief Bachman replied that probably not because if they are with a parent or legal guardian we cannot do anything about that. Mayor stated that they are in violation of curfew if they are just there without their parents. Councilor Ammons stated that they were probably not with their parents, and asked if that is checked. Chief Bachman replied that they do check that. Councilor Ammons asked that Police Officers check on a frequent basis those clubs that allow juveniles supposedly with parents, so we can keep a handle on that. • 83 Item 10b continued Councilor Gonzalez asked if the smoking ordinance could apply to any of these situations including foster parents that smoke or have the children in a smoking environment. Health Department Director Lou Franklin said that no state law addresses the foster parent or a child in a place with smoking and there is not anything to enforce that right now. Councilor Gonzalez stated that he has a big issue with that and will talk to the Chief about that. Councilor Gonzalez asked that Staff look into the drainage problems in the drainage channel behind Aldrich Street, which causes flooding. Mr. Scott Taylor will look into that. Councilor Hatcher said that it is a guarantee that those kids did not have their parents with them at that club. Councilor Hatcher referred to the Paws Parade and commented that John Burrus' dog walks around with a hoe in his mouth. He said he had really enjoyed the Wichita Paws Parade. Councilor Hatcher said he was all for the funeral escort; it is a dignity thing. I see all the different sides but I would like to see what we can do to make that happen. Not that the City pay for it but something between the funeral homes and the officers and clients, or something that can be worked out to have funeral escorts. Councilor Hatcher thought that it was interesting that the City puts a dollar figure before we ask for the bids on projects. He felt that the bidders bid according to the figure we give. He wondered if it was common practice to tell them what we think it is going to cost before they tell us what it is going to cost. It seems like we might be supporting their exorbitantly high bids on some of these things. I do not need a response, but we get on to the department heads because they missed an estimate. It is interesting the way that works. Council Hatcher cheered for the Dallas Mavericks to win. Councilor Elmore expressed pride for the Rider Soccer team in wining the State Soccer Championship. Councilor Elmore was glad that the City is going forward with the Softball Complex. Councilor Elmore asked what could be done about the drainage problem at Old Iowa Park Road and Industrial Road. Mr. Scott Taylor informed that it is on the drainage project list. Councilor Elmore asked if anything had come of the grandfather clause being considered in the Animal Control Ordinance and if that was in effect. Mrs. Lou Franklin responded that they are still looking at that. City Manager said it was on his desk and he has looked at it. He has a lot of concerns with it and we are not ready to make any recommendation to the Council to implement that. I can privately get into some of the concerns with you. Councilor Elmore referred to the funeral escort and stated that if the technology can be where the officers can change the lights to blinking at the intersections as they go through, but I don't think that is available. City Manager informed that it was available, however it is very expensive. Every intersection would have to be wired with a traffic pre-emption device, and make sure the emergency vehicles had a way to use it, by sound/siren or strobe light. We plan to place one where the new fire station will be at Taft and Southwest Parkway. Councilor Roberts-Burns asked for an update of Bristol and Normandy. Mr. Scott Taylor informed that field notes have been received to begin our work. After we begin the work at Cypress where most of the fill dirt will come from, we can begin work there. Until that project begins, the Street Department will be doing some clean up work. We don't' have any dirt to start filling yet. I hope that within the next month we can have some construction activity at Cypress to begin getting some fill dirt. Councilor Ginnings is glad that Councilor Ammons brought up the Paws Parade because I was very interested in that but I thought I would not be able to bring my dog but later she said I could. I was interested but my dog was tied up. Part of the program was that the dog and owner could dress alike to show the bonding between them and since he could not bring his dog he wanted her to know what special bonding there is and appreciate that experience. He showed her a picture of himself and his dog in a tub. Mayor reminded Council about the Riverbend Butterfly Conservatory dedication Thursday at 5:00 p.m. Mayor informed that there is a meeting at TXDOT Headquarters on Southwest Parkway Thursday night at 6:00 p.m. to discuss the entrance ramp on Kell. 84 Item 10b continued Mayor reminded and encouraged everyone to get out and vote. City Clerk provided the times and dates of Early Voting. Item 11 There was no Executive Session City Council adjourned at 1:00 p.m. PASSED AND APPROVED this _day of 2007. 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 1 , 2007, Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda Ammons, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1 . Call to Order 2. (a) Invocation Reverend Paul Goodrich First United Methodist Church (b) Pledge of Allegiance 3. Presentations (a) Presentation — Honorary Wichita Falls Citizen Certificates — Foreign Exchange Students (b) Proclamation — Motorcycle Safety and Awareness Month (c) Employee Of The Month — Health - Delia Alaniz (d) Proclamation — Rider Soccer Championship Day (at approximately 10:00 am) 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 17, 2007 Regular Meeting of the Mayor and City Council. City Council Agenda Tuesday, May 1, 2007 Page 2 CONSENT AGENDA 6. Resolution Authorizing The Purchase Of One (1) 3/4-Ton Crew Cab Pickup Truck Through Houston-Galveston Area Council (HGAC) Purchasing Cooperative. (Council Bill #109) 7. Receive Minutes (a) Library Advisory Board, February 27, 2007 (b) WF Economic Development Corporation (4a), March 8, 2007 (c) Construction Board of Adjustments & Appeals, March 30, 2007 REGULAR AGENDA 8 Ordinances (a) Ordinance Approving Amendments To Agreements Between The Wichita County-City Of Wichita Falls, Texas Hospital Board And United Regional Health Care System; Authorizing The City Manager To Execute Same And Finding It In The Best Interests Of City Residents To Allow Consolidation Of Hospital Services. (Council Bill #110) (b) Ordinance Making An Appropriation To The Special Revenue Fund For State Health Services Grant Funding In The Amount OF $27,763 Received From Tarrant County, Texas And Authorizing The City Manager To Execute Contract Accepting Same. (Council Bill #111) (c) Ordinance Amending Part II Of The Code Of Ordinances, At Chapter 22, Buildings And Building Regulations, Article II Building Codes, Article IV Plumbing Codes, Article V Mechanical Codes, Article VII Gas Codes and Article XI Residential Codes for One and Two Family Dwellings, By Making Certain Additions, Amendments, And Deletions Thereto. (Council Bill #112) (d) Ordinance Amending Part II Of The Code Of Ordinances, Chapter 50, Fire Prevention And Protection, At Article III, Fire Code, By Making Certain Additions, Amendments, And Deletions Thereto. (Council Bill #113) City Council Agenda Tuesday, May 1, 2007 Page 3 (e) Ordinance Amending Part II Of The Code Of Ordinances, at Chapter 46, Environment, Article II, Noise, By Making Certain Additions, Amendments, And Deletions Thereto. (Council Bill #114) 9. Resolutions (a) Resolution Authorizing the City Manager to Apply For $260,000 in Grant Funds from the Federal Emergency Management Agency/United States Fire Administration-Assistance to Firefighter Grants Program toward the Purchase of a Heavy Rescue Apparatus for the Wichita Falls Fire Department. (Council Bill #115) (b) Resolution Authorizing the City Manager to Apply For $34,000 in Grant Funds from the Federal Emergency Management Agency/United States Fire Administration-Assistance to Firefighter Grants Program toward the creation of a Wellness and Fitness Program for the Wichita Falls Fire Department. (Council Bill #116) (c) Resolution to Approve Advance Funding Agreement for the Intersection Improvements with Wal-Mart Stores. (Council Bill #117) (d) Resolution To Approve Advance Funding Agreement For The Intersection Improvements With Texas Department Of Transportation. (Council Bill #118) (e) Resolution To Award Bid For Supply of Filter Media for the 1987 Cypress Water Treatment Plant. (Council Bill #119) (f) A Resolution Approving Change Order #1 For The Renovation To Weeks Park Golf Course (Council Bill #120) (g) A Resolution Approving An Agreement With Club Cart For The Cancellation Of A Lease For Golf Carts And Approval Of A New Lease Upon Completion Of The Renovation (Council Bill #121) (h) Resolution Authorizing The City Manager To Execute An Interlocal Agreement With The Wichita Falls Independent School District For The Purchase Of Certain Supplies, Equipment And Services. (Council Bill #122) City Council Agenda Tuesday, May 1, 2007 Page 4 10. Other Council Matters (a) Staff Council Discussion (1) Discussion And Possible Action On A Staff Report From The Assistant City Manager On The Softball Field Construction. (2) Hear A Staff Report From The Police Chief Regarding Police Funeral Escorts. (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Executive Session Consultation With City Attorney As Authorized By Section 551 .071 Of The Texas 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. 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