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Min 12/06/2011 326 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 6, 2011 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. Glenn Barham - Mayor Dorothy Roberts-Burns - Mayor Pro Tern Michael Smith - Councilors Annetta Pope - Rick Hatcher - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Reverend Ed Downing, Sr., Pastor of Love Sanctuary Church of God in Christ gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a Mayor proclaimed December 6, 2911 as "Pride of Rider High School Band Day in Wichita Falls". Item 3b Mayor recognized Mrs. Cheryl Elliott, Executive Secretary to the City Manager's Office as Employee of the Month for December 2011. Mayor presented Mrs. Elliott with a plaque, a letter of appreciation, restaurant tickets, and a check. Item 4 Steve Dixon., 1029 Harris Lane, thanked Council and staff for all the work they did on the Wrecker Ordinance. He suggested that Police Officers be reminded to sign for approval for extra time on the scene of an accident. 327 Item 5a Minutes of the November 15, 2011 Council meeting were approved as distributed. Item 5b Minutes of the November 23, 2011 Special Meeting of the Council were approved as distributed. Items 6a-6g City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ward that the Consent Agenda be approved. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Items 6a-6g Minutes of the following boards and commissions were received. (a) Library Board, January 18, 2011 (b) Library Board, May 17, 2011 (c) Library Board, October 18, 2011 (d) Wichita Falls Economic Development Corp. (4A), September 26, 2011 (e) Wichita Falls Economic Development Corp. (4A), November 10, 2011 (f) Wichita Falls 4B Sales Tax Board, August 29, 2011 (g) Animal Shelter Advisory Committee, September 9, 2011 Item 7 A Public Hearing was held concerning designation of Reinvestment Zone at 5000 Block of Central Freeway, Wichita Falls, Texas, owned by BESE Holdings, LLC and/or Machining Solutions, LLC. Mayor declared the public hearing open. City Attorney informed that Machining Solutions, LLC will be owning the equipment in that real property. BESE Holdings, LLC and Machining Solutions, LLC also known as Arrow Manufacturing, are installing new equipment that will employ eight permanent employees. They recently purchased that facility and made significant improvements and this tax abatement will be for increase in the value of the property in this year, attributable to the improvements they made as well as equipment they are in the process of installing. City Attorney mentioned the prerequisites to tax abatement. This is one of the two last steps in the process; the tax abatement process will not be finished until the next council meeting. Councilor Smith informed that this was the old Washex property. Mayor called for additional comments. There being none Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 68-2011 Ordinance Designating Property As A Reinvestment Zone That Is Located At/Near 5000 Block Of Central Freeway; Providing For Severability; Declaring An Emergency; And Providing An Effective Date 328 Item 8a continued Moved by Councilor Roberts-Burns that Ordinance No 68-2011 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 8b A proposed ordinance was presented amending Subsection (b)(3) of Section 26-765 of the Code of Ordinances of the City of Wichita Falls to remove the requirement for a company utilizing medium duty tow trucks on the City's Tow Truck Rotation List to have a boom on at least one of its medium duty tow trucks. Moved by Councilor Roberts-Burns that proposed ordinance be passed. Motion seconded by Councilor Pope. Mayor noted that this issue had been discussed at length during the last Council meeting, so he was limiting comments to something that has not been discussed previously. City Attorney explained current requirements. The following persons spoke for the need of a medium duty truck and its uses. Gary Martin, 1304 30th Street, mentioned that only one person is needed to winch a car out of the river and you only need one truck. Al Palmatary, 2216 Sheppard Access Road, stated that the City ordinance and the contract require a medium duty truck, and this needs to remain in the ordinance in order to do this business. Do not need a 30,000 lb. truck to get a car out of the river. James Skinner, 3262 FM 367, Iowa Park, employed by Mike's Towing Service, pointed out that the discussion has been about the boom, but you need to be aware of the weight rating in addition to the boom, Steve Dixon, 1029 Harris Lane, stated that everyone should be required to comply with the City ordinance. He gave two options: 1) Two trucks, one heavy and one medium; or 2) Set weight requirements for medium duty trucks. Mayor commented that everybody in this room that utilizes or operates wreckers was at fault. The City was 60-70% at fault because we dropped the ball during inspections but the wrecker owners also dropped the ball because you know what your competitors own and operate and you have a responsibility to inform the City about the situation. Everyone needs to shoulder the responsibility. It is not uncommon to have two or three wrecks working at one time. He asked the police Chief if Jody Wade's three wrecker services are suspended December 10, 2011, how his officers will handle this. Chief Bachman replied that they will do the same thing as in the past, sit and wait. Mayor asked if you have to wait will officers disregard the 30 minute wait arrival with discretion. Chief responded that if there is not another wrecker company to call, they will have to wait. Councilor Hatcher said he puts a lot of value in the opinions of the City directors so he is going to stand behind what the Police Chief has recommended. Mayor explained that a yes vote will change the ordinance and a no vote would leave the ordinance as is. Motion failed by the following vote. Ayes: None Nays: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward 329 City Council recessed at 9:30 a.m. and reconvened at 10:00 a.m. Item 8c ORDINANCE NO. 69-2011 Ordinance Amending Sections 90-35, 48-71, And 48-72 Of The Code Of Ordinances Of The City Of Wichita Falls To Authorize The Fire Chief To Allow The Burning Of Trees And Brush On Properties That Are In Floodways Or Exceed 50 Acres In Size And Provide For Fees Related To Burning; Providing A Penalty Not To Exceed $2,000 Per Violation; And Providing For Codification Moved by Councilor Hatcher that Ordinance No. 69-2011 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 8d ORDINANCE NO. 70-2011 Ordinance Appropriating $28,272 To The Special Revenue Fund For The Tuberculosis Program Of The Wichita Falls-Wichita County Public Health District And Authorizing The Execution Of Documents Accepting Said Funds Moved by Councilor Roberts-Burns that Ordinance No. 70-2011 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 8e ORDINANCE NO. 71-2011 Ordinance Appropriating $4,000 To The Special Revenue Fund For Additional Grant Revenue From The Texas Comptroller Of Public Accounts Tobacco Enforcement Grant For Fiscal Year 2012 And Authorizing The City Manager To Execute All Documents Necessary To Accept Said Funds Moved by Councilor Roberts-Burns that Ordinance No 71-2011 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 9a RESOLUTION NO. 109-2011 Resolution Supporting The City Of Wichita Falls' Participation In A Joint Land Use Study For Sheppard Air Force Base And Surrounding Communities Moved by Councilor Ward that Resolution No. 109-2011 be passed. 330 Item 9a continued Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 9b RESOLUTION NO. 110-2011 Resolution Authorizing The City Manager To Execute A Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons, In A Total Amount Not To Exceed $77,200 Moved by Councilor Ward that Resolution No. 110-2011 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 9c RESOLUTION NO. 111-2011 Resolution Approving A 20-Year Potable Water Purchase Contract With The Wichita Valley Water Supply Corporation Moved by Councilor Ward that Resolution No. 111-2011 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 9d RESOLUTION NO. 112-2011 Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors, Including A Trolley Bus Replacement Project In The Amount Of Up To $116,000. Moved by Councilor Roberts-Burns that Resolution No. 112-2011 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 9e RESOLUTION NO. 113-2011 Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation (WFEDC) And Amending The Budget As Appropriate In The Total Amount Of $272,000 (Increased From $32,000) For Cryovac Project 331 Item 9e continued Moved by Councilor Hatcher that Resolution No. 113-2011 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 11 City Council went into Executive Session at 10:35 a.m. in accordance with Texas Government Code Sections 551.071, 551.072, 551.087, and 551.074 City Council reconvened at 12:03 p.m. Mayor announced that no polls or votes were taken during Executive Session. Item 9f RESOLUTION NO. 114-2011 Resolution Appointing Two Members To Serve On The Wichita Appraisal District Board Of Directors. Moved by Councilor Hatcher that Resolution No. 114-2011 be passed by inserting the name of Dorothy Roberts-Burns, Place 1, in the blank, with term to expire 12/31/2013. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 12 Moved by Councilor Hatcher that the following persons be appointed to the Airport Board of Adjustment with terms to expire December 31, 2013. Mr. Samuel Amerine, Place 4 Mr. Tim James, Place t Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that the following persons be reappointed to the Construction Board of Adjustment and Appeals with terms to expire December 31, 2014. Mrs. Carrie Ann Taylor, Place 2 Mr. Clay Wages, Place 5 and to appoint the following persons with terms to expire December 31, 2014: Mrs. Cayce Wendeborn, Place 1 Mr. Leo Lane, Place 6 Mr. Eddie Holcomb, Place 8 Mr. Jeff Browning, Place 10 Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None 332 Item 12 continued Moved by Councilor Hatcher that the following persons be reappointed to the Landmark Commission, with terms to expire December 31, 2014: Mr. Steve Wood, Place 2 Mrs. Christy Graham, Place 3 Mrs. Cindy Cotton, Place 10 Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that the following members be reappointed to the Planning and Zoning Commission, with the terms to expire December 31, 2013: Mr. L.O. Nelson, Place 2 Mrs. Vicky Payne, Place 7 and that the following be appointed, with terms to expire December 31, 2013. Mrs. Karla Miller, Place 3 Mr. David Schmid, Place 5 Mr. John Harmon, Place 9 Mr. Jeff Browning, Place 10-Alternate 1, term to expire December 31, 2012 Mr. Stephen Anderson, Place 11 Alternate 2, term to expire December 31, 2012 Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that the following persons be reappointed to the Tax Increment Financing District, Reinvestment Zone#2 with terms as set out: Mrs. Ann Bishop, Place 1, with term to expire December 31, 2013 Mr. Jim Chandler, Place 2, with term to expire December 31, 2013 Mr. Ben Filer, Place 3, with term to expire December 31, 2012 Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that the following persons be reappointed to the Tax Increment Financing District, Reinvestment Zone#3 with terms to expire December 31, 2013: Mr. Andy Lee, Place 2, Ms. Arthur Bea Williams, Place 3 Mr. Rick Orr, Place 5 Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that the following persons be appointed to the Zoning Board of Adjustment, with terms to expire December 31, 2013. Mr. Jerry Beaver, Place 1 Mr. Kerry Maroney, Place 3 Mr. Dustin Nimz, Place 5 and to appoint the following persons with terms as set out. 333 Item 12 continued Mr. Chad Hughes, Place 4, with term to expire December 31, 2013 Mr. David Lane, Place 6, with term to expire December 31, 2012 Ms. Dara Forbes, Place 7, with term to expire December 31, 2012 Mr. David Yonts, Place 8, with term to expire December 31, 2012 Mr. Tyson Traw, Place 9, with term to expire December 31, 2012 Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that Mrs. Katrena Mitchell, Place 3, be reappointed to the Animal Shelter Advisory Committee with term to expire December 31, 2012; and that Mrs. Lila Arnold be appointed to Place 4 with term to expire December 31, 2013. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that Mrs. Amy Bobrowitz, Place 1 and Mr. Ross Little, Place 3 be reappointed to the Aviation Advisory Board with terms to expire December 31, 2014; and that Mr. Hank Anderson be appointed to Place 2 with term to expire December 31, 2014. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that Mrs. Betsi Lujan, Place 7, be reappointed to the Emergency Medical Services (EMS) Advisory Board, with the term to expire December 31, 2013. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that Mr. Ashton Gustafson, Place 3 be reappointed to the MPEC Advisory Board, with the term to expire December 31, 2013. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that the following persons be reappointed to the Park Board, with terms to expire December 31, 2014: Mr. John Fritzsch, Place 1 Mr. John Hirschi, Place 3 Mr. Stephen Garner, Place 8 Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None 334 Moved by Councilor Hatcher that the following persons be reappointed to the Traffic Safety Commission, with terms to expire as noted: Mr. Bill Horton, Place 10, no expiration date Mr. Charles Byars, Place 11 with term to expire December 31, 2014 Mrs. Carrie Ann Taylor, Place 13, with term to expire December 31, 2014 Mr. Dennis Marquardt, Place 15, with term to expire December 31, 2014 Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that the following persons be reappointed to the Water Resources Commission, with terms to expire December 31, 2013: Mr. John Ferguson, Place 1 Mrs. Cheryl Nix, Place 4 Mr. Mark McBurnett, Place 5 and to appoint Mr. James Wagner, Place 3, with term to expire December 31, 2012 Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Moved by Councilor Hatcher that Dr. David Carlston, Place 1, and Dr. Clay Clark, Place 3 be reappointed to the Wichita County/City of Wichita Falls Health Board, with terms to expire December 31, 2013; and to appoint Mr. Scott Plowman, Place 4 with term to expire December 31, 2013. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 10a There were no staff reports. Item 11 a Council members brought up the following matters. Councilor Pope: a) Memorial on Duncan Street past Andrews Street needs attention b) Encouraged District 2 residents to apply for City Boards and Commissions Councilor Ward: a) Encouraged District 5 residents to get involved in City government by applying for City Boards and Commissions Councilor Smith; a) Successful drive to fund animal resuscitation masks. Grand opening when the 13 units that were ordered arrive. b) Library hours extended c) Pearl Harbor Day tomorrow, very significant event. Remember those who served in World War 11 335 Item 11a continued Councilor Hatcher: a) Lady Antebellum concert was great; he encouraged everyone to attend these events. b) Thanked Mayor for recognizing the Rider Highs School Band and encouraging help with donations for the trip to England c) Encouraged applicants for Leadership 2012 Councilor Ingle: a) Asked about rules for day cares issuing milk. Health Director informed that USDA has a food program where day cares are reimbursed and there are requirements but day cares should be able to work with dietary requirements for individual child. Councilor Roberts-Burns; a) MLK Prayer Breakfast at MPEC, January 21, 2012; Gen. John Rice will be guest speaker. Mayor Barham: a) Pearl Harbor will be 70 years old tomorrow and it bears remembering. b) Gen. Rice is overall commander of all the training throughout the Air Force. c) Sheppard Military Affairs Committee brought to our attention that in 2016 SAFB will be 75 years old and preliminary planning for that celebration has begun. d) December 31, 2011 will be our July 4, Labor Day, New Year's Eve Celebration. Mr. Bob Sullivan provided particulars. Item 12 City Council adjourned at 12:30 p.m. PASSED AND APPROVED this 20th day of December 2011. Glenn Barham, Mayor ATTEST: Lydia Ozuna, City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor Dorothy Roberts-Burns, Mayor Pro Tem Michael Smith, District 1 Annetta Pope, District 2 ~� Rick Hatcher, District 3 4 Tim Ingle, District 4 Mary Ward, District 5 T E X A S P>/u�Skie,Cro/den0�y�rtun��ie, Darron Leiker, City Manager - - Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, December 6, 2011 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Reverend Ed Downing, Pastor Love Sanctuary Church of God in Christ (b) Pledge Of Allegiance 3. Presentations (a) Proclamation — Rider High School Band Day (b) Employee of the Month - Cheryl Elliott, City Manager's Office 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. (a) Approval Of Minutes Of The November 15, 2011 Regular Meeting Of The Mayor And City Council (b) Approval Of Minutes Of The November 23, 2011 Special Meeting Of The Mayor And City Council CONSENT AGENDA 6. Receive Minutes (a) Library Board, January 18, 2011 (b) Library Board, May 17, 2011 (c) Library Board, October 18, 2011 (d) Wichita Falls Economic Development Corp. (4A) September 26, 2011 (e) Wichita Falls Economic Development Corp. (4A) November 10, 2011 (f) Wichita Falls 4B Sales Tax Board, August 29, 2011 (g) Animal Shelter Advisory Committee, September 9, 2011 REGULAR AGENDA 7. Public Hearing Concerning Designation Of Reinvestment Zone at 5000 Block of Central Freeway, Wichita Falls, Texas, owned by BESE Holdings, LLC and/or Machining Solutions, LLC 8. Ordinances (a) Ordinance Designating Property As A Reinvestment #187 Zone That Is Located At/Near 5000 Block Of Central Freeway; Providing For Severability; Declaring An Emergency; And Providing An Effective Date (b) Ordinance Amending Subsection (b)(3) of Section 26- #188 765 of the Code of Ordinances of the City of Wichita Falls To Remove The Requirement For A Company Utilizing Medium Duty Tow Trucks On The City's Tow Truck Rotation List To Have A Boom On At Least One Of Its Medium Duty Tow Trucks; Directing The Amendment Of The City's Standard Rotation List Contract Form (c) Ordinance Amending Sections 90-35, 48-71, and 48-72 of #189 the Code of Ordinances of the City of Wichita Falls to Authorize the Fire Chief to Allow the Burning of Trees and Brush on Properties that are In Floodways or Exceed 50 Acres in Size and Provide for Fees related to Burning (d) Ordinance Appropriating $28,272 To The Special #190 Revenue Fund For The Tuberculosis Program Of The Wichita Falls-Wichita County Public Health District And Authorizing Execution Of Documents (e) Ordinance Appropriating $4,000 To The Special Revenue #191 Fund For Additional Grant Revenue From The Texas Comptroller Of Public Accounts Tobacco Enforcement Grant For Fiscal Year 2012 And Authorizing Execution Of Documents CITY COUNCIL AGENDA PAGE 2 OF 5 9. Resolutions (a) Resolution Supporting The City Of Wichita Falls' #192 Participation In A Joint Land Use Study For Sheppard Air Force Base And Surrounding Communities (b) Resolution Authorizing The City Manager To Execute A #193 Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons, In A Total Amount Not To Exceed $77,200 (c) Resolution Approving A 20-Year Potable Water #194 Purchase Contract With The Wichita Valley Water Supply Corporation (d) Resolution Approving The Programs And Expenditures #195 Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors, Including A Trolley Bus Replacement Project In The Amount Of Up To $116,000 (f) Resolution Approving The Programs And Expenditures #196 Of The Wichita Falls Economic Development Corporation (WFEDC) And Amending The Budget As Appropriate In The Total Amount Of $272,000 (increased from $32,000) For Cryovac Project (g) Resolution Appointing Two Members to Serve On The #197 Wichita Appraisal District Board of Directors (h) Resolution Confirming Appointment To The Firefighters' #198 And Police Officers' Civil Service Commission 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Executive Sessions: (a) Executive Session in accordance with Texas Government Code §551.071, consultation with attorney on matter involving pending or contemplated litigation or other matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act (including, but not limited to, legal issues related to incentives for hotel reconstruction- remodeling, Cryovac Project, and S-5! Manufacturing, LLC CNC Machining Center Project). CITY COUNCIL AGENDA PAGE 3 OF 5 (b) Executive Session in accordance with Texas Government Code § 551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the purchase and/or value of interests in real property securing incentives for hotel reconstruction-remodeling) (c) Executive Session in accordance with Texas Government Code § 551.087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations (including, but not limited to, incentives for hotel reconstruction-remodeling, Cryovac Project, S-5! Manufacturing, LLC CNC Machining Center Project, and Economic Development Prospect Update) (d) Executive Session In Accordance With Texas Government Code § 551.074 To Deliberate The Appointment, Employment, Evaluation, Reassignment, Duties, Discipline, Dismissal Of A Public Officer Or Employee, Including, But Not Limited To Members Of The: • Airport Board of Adjustment • Construction Board of Adjustment & Appeals • Landmark Commission • Planning & Zoning Commission • Tax Increment Financing #2 • Tax Increment Financing #3 • Zoning Board of Adjustment • Wichita Appraisal District (Resolution) 12. Open Session To Consider Appointments To The Following Boards And Commissions: • Airport Board of Adjustment • Construction Board of Adjustment & Appeals • Landmark Commission • Planning & Zoning Commission • Tax Increment Financing #2 • Tax Increment Financing #3 • Zoning Board of Adjustment • Wichita Appraisal District (Resolution) • Animal Shelter Advisory Committee • Aviation Advisory Board • Emergency Medical Services (EMS) Advisory Board CITY COUNCIL AGENDA PAGE 4OF5 • MPEC Advisory Board • Park Board • Traffic Safety Commission • Water Resources Commission • Wichita County/City of Wichita Falls Health Board 13. 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. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. 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 2011 at o'clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 5 OF 5