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Min 05/02/2006 764 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 2, 2006 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 - Michael Norrie - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Chaplain Tony King, Sheppard Air Force Base, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mayor announced the Clean Community Commission Poster Winners. Mrs. Becky Hawkins, Clean Community Commission Member, assisted the Mayor in presenting the winners with gift certificates to the following winners. Emily Eby, Zundy 8th grade Jackie Garcia, Zundy 7th grade Charlie Burnam. Wichita Christian 4th grade Mayor recognized Mr. James (Danny) Croxson, LVN-Public Health Educator, Health Department, as employee of the month for May 2006. Mayor presented Mr. Croxson with a plaque, a check, dinner for two, and golf course passes. Item 3b Mayor proclaimed the month of May as "Motorcycle Safety and Awareness Month" in Wichita Falls and encouraged all citizens to be aware of the two-wheeled bikes on the roads. Tracey Starr Hennan and Gage Knightstep accepted the proclamation. 1 765 Item 3c Police Chief Bachman informed that some officers competed in the Southwest Motorcycle event in Phoenix, AZ. He stated that the Police Officers did an excellent job in showing others how to ride. The event helps our officers learn to better navigate and work with the motorcycles. Lt. R.W. Smith commands these officers and he provided information on the event and how our officers placed. There were four divisions and our offices competed in the Harley Davidson and placed eight in the top ten; leaving only two places in the top ten. Of the top 5 places we swept the entire category. We placed the top three and we took the first and second places. In the Kawasaki we won fifth place. The officers placing in this competition are as follows: 1 st Place — Officer Mark Wise 2"d Place — Sgt. David Stout 3rd Place — Officer Justin Wisenhunt 4th Place — Sgt. Mike Yonts 5th Place — Officer Dwain Powell 5th Place - Sgt. Van Dotson Other officers competing were Badley Sanchez, Mark Montana, Jared Miller, Mike Phillips, Case Kirkpatrick and Sean Sullivan. Item 4 Larry Sanner, 5007 Lakeshore Drive, requested that the Lake Wichita water level be maintained at 9.76 feet. Item 5 The Minutes were approved as distributed. Items 6a-6c 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 Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Minutes of the following board and commission meetings were received (a) MPO Technical Advisory Committee— January 18, 2006 (b) Library Advisory Board— February 28, 2006 (c) Planning & Zoning Commission — March 8, 2006 Item 7 A public hearing was held on the proposed use of Community Development Block Grant (CDBG) and HOME Program Funds for the Consolidated Plan One-Year Action Plan. Mayor declared the public hearing open. Sylvesta Shed, 1631 Andrews, Pastor of Mount Calvary Church and representative of the Shalom Center, stated that this Center is for homeless and marginal persons, and they provide help to them. He asked for CDBG to renovate building at their church to house these individuals. These funds would be a help us to continue this assistance. City Manager informed Mr. Shed that Susan White could help him with that. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. 766 Item 8a ORDINANCE NO. 28 -2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CHANGING THE DATE OF THE REGULARLY SCHEDULED COUNCIL MEETING ON MAY 16, 2006, TO MAY 23, 2006; 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. 28-2006 be passed. Motion seconded by Councilor Ammons. Councilor Norrie informed that, because of his job, he would not be able to attend that meeting, which would be his last meeting as Councilor District 3. He said his wife would be present to represent him. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8b ORDINANCE NO. 29 -2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING LARRY GILLEN MUNICIPAL JUDGE FOR A SPECIFIED TERM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Ordinance No. 29-2006 be passed with four years being set as the term. Motion seconded by Councilor Ammons. Councilor Gonzalez felt that Council should wait until after the Salary Survey was completed before making this decision. City Manager informed that this item had nothing to do with setting salaries. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: Councilor Gonzalez Item 8c ORDINANCE NO. 30-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, SUSPENDING THE MAY 30, 2006, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION, TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2005; AUTHORIZING PARTICIPATION WITH THE GAS STANDING STEERING COMMITTEE IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 767 Item 8c continued Moved by Councilor Elmore that Ordinance No. 30-2006 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8d ORDINANCE NO. 31-2006 ORDINANCE REZONING 5103 TAFT BLVD, 5021 TAFT BLVD. (BOTH TOTALING 5.79 ACRES) AND 8.35 ACRES OF HOLLIDAY CREEK AND TAFT BLVD. RIGHT-OF-WAY (14.14 ACRES IN ALL) FROM SINGLE FAMILY-2 TO MULTIFAMILY ZONING AND AMENDING THE LAND USE PLAN FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Ginnings stepped out of Council Chambers and did not participate in the discussion or action of this item. Moved by Councilor Roberts-Burns that Ordinance No. 31-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Councilor Ginnings returned to Council Chambers. Item 8e ORDINANCE NO. 32-2006 ORDINANCE REZONING APPROXIMATELY 1760 SQUARE FEET OF THE EAST PART OF 2803 MONTGOMERY PLACE FROM SINGLE FAMILY-2 TO LIMITED COMMERCIAL, AND AMENDING THE LAND USE PLAN FOR 2803 MONTGOMERY AND 4408 KEMP BLVD.; 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. 32-2006 be passed. Motion seconded by Councilor Elmore. Margaret Stewart, 2805 Montgomery, was not in favor of this ordinance and expressed concern that the rest of the residential area would be turned into a commercial area. Mr. Phuong Khong, #2 Charing Court, applicant, spoke in favor of this rezoning. Eloise Majewski, 2806 Montgomery spoke against this rezoning because Mr. Khong would there will be more traffic and he will need additional parking; she was worried as to what this would result in. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: Councilors Norrie and Gonzalez City Council recessed at 9:55 a.m. and reconvened at 10:05 a.m. 768 Item 8f ORDINANCE NO. 33-2006 ORDINANCE REZONING 331 LOOP 11 FROM SINGLE FAMILY-2 TO GENERAL COMMERCIAL CONDITIONED, AND AMENDING THE LAND USE PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Ordinance No. 33-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8g ORDINANCE NO. 34-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, ABANDONING, AND VACATING RIDER AVENUE, ALSO KNOWN AS GLENDALE AVENUE, BETWEEN COLUMBIA ROAD AND FAIRWAY BOULEVARD; 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. 34-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8h ORDINANCE NO. 35-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR RYAN WHITE TITLE II GRANT FUNDING IN THE AMOUNT OF $186,830 RECEIVED FROM TARRANT COUNTY 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 Roberts-Burns that Ordinance No. 35-2006 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 769 Item 8i ORDINANCE NO. 36-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR RYAN WHITE TITLE II GRANT FUNDING IN THE AMOUNT OF $12,536 RECEIVED FROM TARRANT COUNTY 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 Roberts-Burns that Ordinance No. 36-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 80 ORDINANCE NO. 37-2006 ORDINANCE APPROPRIATING $728,261.00 IN FEDERAL FUNDS AND $267,628.00 IN STATE FUNDS FOR THE FISCAL YEAR 2006/2007 SECTION 5307 TRANSIT GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY FUNDING AGREEMENTS RELATED HERETO; 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. 37-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 8k ORDINANCE NO. 38-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS AMENDING ORDINANCE NO. 14-2006 TO REPLACE CERTAIN ELECTION OFFICIALS; 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. 38-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 770 Item 9a RESOLUTION NO. 62-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE 2005 ALLEY REHABILITATION PROJECT, CWF05- 530-09 AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION COMPANY; 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. 62-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9b RESOLUTION NO. 63-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS GRANTING AN EASEMENT FOR UNDERGROUND FACILITIES AND EQUIPMENT STATIONS CONSISTING OF APPROXIMATELY 928.8 SQUARE FEET BEGINNING IN THE NORTH RIGHT-OF-WAY LINE OF LANGFORD LANE AND BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT 1, BLOCK 2, UNIVERSITY PARK ADDITION, SECTION F, AN ADDITION TO THE CITY OF WICHITA FALLS AS RECORDED IN VOLUME 18, PAGES 8 AND 9, WICHITA COUNTY PLAT RECORDS TO SOUTHWESTERN BELL TELEPHONE, L.P., A TEXAS LIMITED PARTNERSHIP D/B/A AT&T TEXAS 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. 63-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9c RESOLUTION NO. 64-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) 35,000 GVW CAB & CHASSIS FROM WICHITA FALLS FREIGHTLINER, IN THE AMOUNT OF $53,457.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ginnings that Resolution No. 64-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 771 Item 9d RESOLUTION NO. 65 -2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, URGING THE LEGISLATURE OF THE STATE OF TEXAS TO RESTORE THE FRANCHISE TAX CREDITS AS AN ECONOMIC DEVELOPMENT INCENTIVE TOOL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Resolution No. 65-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9e RESOLUTION NO. 66-2006 RESOLUTION AMENDING THE INTERLOCAL AGREEMENT WITH WICHITA COUNTY FOR USE OF IVOTRONIC VOTING SYSTEM; 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. 66-2006 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10a There were no staff reports. Item 10b Councilor Roberts-Burns thanked Code Enforcement for the work that they are doing and continue to move the junked cars. It has been a pleasure working with Councilor Norrie and I wish him continued success. Councilor Ginnings told Councilor Norrie that he will be missed by this Council. Thank you for your service. I would have been happy to serve with you again and I would have supported you. I wish you success in the future. Councilor Ginnings mentioned that there a lot of debris had accumulated in the Kemp and Maplewood channel after all this rain, however, he knew that Scott Taylor is working on that. Councilor Ginnings said that there were some very dangerous puddles on the overhead north on 287, and he asked Staff to bring that up to TXDOT. Councilor Ginnings asked the water extension would include north of 287, Wellington and Kiel. City Manager replied that it would include all the 1999 annexed areas. Councilor Ginnings asked if there was any progress with the District Attorney on the individual injunction procedures. City Manager replied that he had a fruitful meeting with the District Attorney and they are looking at civil injunction for gang members. 772 Item 10b continued Councilor Ginnings mentioned the CDBG Funds and asked if they could be used for fence screenings. City Manage replied that the funds have to be used in low to low to moderate areas. There is a broad category of funds and we will look into that and get you an answer. Councilor Ginnings asked for an update on the situation with the contractor on the Maplewood and Midwestern project? Mr. Scott Taylor informed that the contractor was given thirty days, two weeks ago. He will call and remind them again. Councilor Ammons wants to revisit Lake Wichita. Why are we not keeping Lake Wichita water level at 9.76? Mr. Taylor replied that the last two years we have not had that issue. We have not diverted any water to Lake Wichita in the past two years and quite frankly it slipped by me. I had not looked at those lake levels. There is a broader policy decision that is going to have to be made concerning that in the future. We are using water that is designate for drinking water. Councilor Ammons stated that the water that would go into Lake Wichita we would have to drain. He explained the process. There is a policy decision that will need to be made once the Reverse Osmosis Plant is operational. He clarified that the water we put into Lake Wichita is the water that we have municipal water rights to and would in the future send to the Cypress Plant to be treated at the R.O. Plant. The water that once leaves the spillway belongs to the State. We have a small water right to Lake Wichita but are not using it because of the quality of the water. Only water we have to divert to that is for drinking water. City Manager clarified that in the future we can treat more water and will have more needs for water, and as a policy question you will probably think it is more important to keep water for drinking than to set at Lake Wichita. It is not as easy as you might think to regulate the level of the lake when we are talking inches, and what we do not like to do is to get it so close to where we are spilling water over the spillway. When that happens we get a lot of nasty calls asking us why we are restricting the use of water when we are wasting it at the spillway. Mayor asked what time framed in the future were we looking at. Mr. Taylor replied that it depends on growth of the City; could be 40-50 years before you might have to add another plant. Councilor Ammons stated that the ordinance for parking does have merit because when we voted on those two issues today and the intent was for a parking lot. We want that to continue to be a parking lot. We do not want General Commercial to be used and abused in the future. Councilor Ammons wanted to know what was done with the property seized by the Drug Task Force. Chief Bachman informed that after it is seized it goes through the courts and if it is awarded to us, we sell it. This could be several months or longer. We like to dispose of them as soon as we can but it is up to the courts. Councilor Ammons asked for an update on the house owned by Reza and where Josie Rose asked for additional time. Mr. Bobby Teague informed that they were told that she was having problems with the title policy. It is still on the demolition list. Councilor Ammons told Councilor Norrie that they were going to miss him. Councilor Gonzalez congratulated the Police Department for doing a great job in the motorcycle competition in Phoenix. Councilor Gonzalez reminded everyone that Early Voting had begun and he asked the voters to get out and vote early. Councilor Gonzalez told Councilor Norrie that he had enjoyed serving with him these past two years. Mayor Lyne thanked Public Works for keeping them in business after some water problems. He is very thankful and proud on how that was handled. Mayor Lyne stated that Lake Wichita is part of our future plans and we need to find a solution for that Lake. We are going to have to find other ways to use that lake for recreation. Mayor Lyne informed that he has had several calls from property owners in the downtown that have read the articles of a possibility of City Hall combining with the County. He asked staff to set up some meetings with the County Judge. City Manager stated that we will visit with the to see if they are even interested in that. 773 Item 10b continued Mayor Lyne told Councilor Norrie that it has been a pleasure working with him. Amongst all the banter there are important issues; continue to fight for your district and your area. I know you have had to sacrifice your time and thank you for your time. Councilor Norrie thanked the Mayor for allowing him to have the last word today. My last day will be May 23 when the canvass is done and new officials are sworn in. I am very proud to be associated with all the professionals - who are the employees, our City of Wichita Falls staff. It is a very difficult job. I am a business major with marketing management but you cannot compare a city's organization to a business organization. I appreciate what they do and the respect they have shown to the Council. I have had the opportunity to meet a lot of new people and have developed new friendships that will continue for the rest of my life. He mentioned the new leadership in Wichita Falls, Darron Leiker, Matt Benoit, Bill Sullivan, and Jim Dockery, and commended them for their work ethic and personal life ethics. We are no longer a big small city; we are a"mini Dallas". We have all the attributes a big city has and I am resolute that this team and the directors will take us there in a very appropriate fashion. I have seen solutions in a short time, such as the police training, insurance, two-way radios, TIF-2, etc. It is amazing what this type of talent put together and going in the right direction can do for the citizens. He said that these four have his absolute trust. They give you the full story and give you the options. Councilor Norrie expressed appreciation to the four Council appointees, City Clerk Lydia Ozuna, City Judge Larry Gillen, City Attorney Bill Sullivan and City Manager Darron Leiker for their dedication, integrity, honesty and advice. He thanked the City Manager's secretary Cheryl Elliott for taking care of the Council. He thanked all the directors and all the employees for all their work. Councilor Norrie turned his remarks to the Council. We can argue, debate but we have respect for each other. I appreciate every one of you. He complimented each Council member and the Mayor, and expressed how much he has enjoyed working with them. He advised the three candidates not to overreact when somebody calls them; listen to them then check it out. Do not wait until you are at the Council meeting; do some homework; show Staff respect. Talk to as many citizens as possible and do what is right for the City first then your District. He thanked his employers and his boss for their patience and consideration with him during his tenure. Most important is my family and I want to thank my wife for putting up with me. I appreciate her support and my sons' patience. I want to thank the citizens and constituents of District 3. Thank you for your support and trust; I am humbled by this honor. City Council adjourned at 11:30 a.m. PASSED AND APPROVED this day of 2006. LANHAM LYNE 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 2, 2006, Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda Ammons, Dorothy Roberts-Burns, Michael Norrie, Ray Gonzalez, and Charles Elmore. 1 . Call to Order 2. (a) Invocation: Chaplain Tony King Sheppard Air Force Base (b) Pledge of Allegiance 3. Presentations (a) Employee of the Month - James (Danny) Croxson (b) Proclamation - Motorcycle Safety and Awareness Month (c) Presentation by Police Chief and Motorcycle Officers 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 18, 2006 Regular Meeting of the Mayor and City Council. CONSENT AGENDA 6. Receive Minutes (a) MPO Technical Advisory Committee, January 18, 2006 (b) Library Advisory Board, February 28, 2006 (c) Planning & Zoning Commission, March 8, 2006 City Council Agenda Tuesday, May 2, 2006 Page 2 REGULAR AGENDA 7. Public Hearing On The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The Consolidated Plan One-Year Action Plan 8. Ordinances (a) Ordinance Changing The Date Of The Regularly Scheduled Council Meeting On May 16, 2006, To May 23, 2006 (Council Bill #90) (b) Ordinance Appointing Larry Gillen Municipal Judge For A Specified Term (Council Bill #91) (c) Ordinance Suspending Atmos Energy Corp., Mid-Tex Division's Request For An Annual Gas Reliability Infrastructure Program Rate Adjustment (Council Bill #92) (d) Ordinance Rezoning 5103 Taft Blvd., 5021 Taft Blvd., And A Portion Of Holliday Creek And Taft Blvd. Right-of-Way (14.14 Acres Total) From Single Family-2 To Multifamily Zoning And Amending The Land Use Plan From Low Density Residential to High Density Residential (Council Bill #93) (e) Ordinance Rezoning 1760 Square Feet Of The East Part Of 2803 Montgomery Place From Single Family-2 To Limited Commercial, And Amending The Land Use Plan (Council Bill #94) (f) Ordinance Rezoning 331 Loop 11 from Single Family-2 to General Commercial Conditioned, and amending the Land Use Plan (Council Bill #95) (g) Ordinance Closing, Abandoning, and Vacating Rider Avenue Also Known As Glendale Avenue Between Columbia Road and Fairway Boulevard Excepting A Portion To Be Located Within A Proposed New Street; Finding And Determining That The Meeting At Which This Ordinance Was Passed Was Open To The Public As Required By Law (Council Bill #96) (h) Ordinance Making An Appropriation To The Special Revenue Fund For Ryan White Title II Grant Funding In The Amount Of $186,830 Received From Tarrant County And Authorizing The City Manager To Execute A Contract Accepting Same (Council Bill #97) City Council Agenda Tuesday, May 2, 2006 Page 3 (i) Ordinance Making An Appropriation To The Special Revenue Fund For Ryan White Title II Grant Funding In The Amount Of $12,536 Received From Tarrant County And Authorizing The City Manager To Execute A Contract Accepting Same (Council Bill #98) (j) Ordinance Appropriating $728,261.00 In Federal Funds And $297,628.00 In State Funds For The FY 2006/2007 Section 5307 Transit Grant And Authorizing The City Manager To Execute All Necessary Funding Agreements Related Hereto (Council Bill #99) (k) Ordinance Amending Ordinance No. 14-2006 To Replace Election Officials (Council Bill #100) 9. Resolutions (a) Resolution To Accept The 2005 Alley Rehabilitation Project CWF05-530-09 And Authorize Final Payment To Duke Construction Company (Council Bill #101) (b) Resolution Of The City Council Of The City Of Wichita Falls, Texas Granting An Easement For Underground Facilities And Equipment Stations Consisting Of Approximately 928.8 Square Feet Beginning In The North Right-Of-Way Line Of Langford Lane And Being The Most Southerly Southeast Corner Of Lot 1 , Block 2, University Park Addition, Section F, An Addition To The City Of Wichita Falls As Recorded In Volume 18, Pages 8 And 9, Wichita County Plat Records To Southwestern Bell Telephone, L.P., A Texas Limited Partnership D/B/A AT&T Texas More Specifically Described And In The Attached Exhibit "A" Survey (Council Bill #102) (c) Resolution Authorizing Award Of Bid For The Purchase Of A 35,000 GVW Cab & Chassis To Wichita Falls Freightliner In The Amount Of $53,457.00 (Council Bill #103) (d) A Resolution Urging the Legislature Of The State Of Texas To Restore The Franchise Tax Credits As An Economic Development Incentive Tool (Council Bill #104) (e) Resolution Amending The Interlocal Agreement With Wichita County For Use Of iVotronic Voting System (Council Bill #105) City Council Agenda Tuesday, May 2, 2006 Page 4 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . 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. 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 20 at o'clock (a.m.)(p.m.). City Clerk