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Min 08/19/2003 144 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building August 19, 2003 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: Bill Altman - Mayor Johnny Burns - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons James Esther, Jr - Michael Norrie - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Item 2 Chaplain Major Michael Lovett, Sheppard Air Force Base, gave the invocation. Item 2a Mayor recognized Martin Mueller, Aki Piepenburg, Sabine Krosea, exchange students from our Sister City Furstenfeldbruck. He welcomed them and Councilor Williams presented them with a City pin. They will be here for three weeks and will be shadowing students from each of the high schools. Item 3 The Minutes were approved as distributed. Items 4a-5b City Manager gave a briefing on the items listed under the Consent Agenda. Mayor Altman noted a correction in the Human Needs Commission minutes. Moved by Councilor Esther that the Consent Agenda be approved. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 145 Item 4a RESOLUTION NO. 95-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A CONFLICT OF INTEREST WAIVER FOR A CITY EMPLOYEE QUALIFYING FOR VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDED PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 5a-5b Minutes of the following board and commission meetings were received. a. Wichita Falls Traffic Safety Commission —June 4, 2003 b. Commission on Human Needs— June 16, 2003 Item 6a ORDINANCE NO. 75-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS MAKING APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $ 2,263.12 FOR THE CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP) GRANT RECEIVED FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHSC) 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 Burns that Ordinance No. 75-2003 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor moved Item 6d up to be considered at this time. Item 6d ORDINANCE NO. 78-2003 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT Moved by Councilor Hawkins that Ordinance No. 78-2003 be passed. Motion seconded by Councilor Esther. Murphy Davis, City's Financial Advisor, informed that the Series 1994 bonds can now be called and refunded at a lower interest rate with a savings of approximately $140,000. He provided information on the rates and the process. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 146 Item 6b ORDINANCE NO. 76-2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE FY 2002-2003 BUDGET FOR THE SECTION 8 RENTAL ASSISTANCE AND FAMILY SELF SUFFICIENCY PROGRAMS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 76-2003 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 6c A proposed ordinance was presented amending Chapter 62, Articles I, II, and III of the Code of Ordinances, regarding historic preservation. Moved by Councilor Esther that proposed ordinance be passed. Motion seconded by Councilor Ammons. Mr. Dave Clark informed that the Landmark Commission has submitted several changes. He mentioned that this proposed ordinance was the preservation ordinance and following it is a proposed resolution that relate to the same items. He covered both items at the same time since they were interrelated. He reviewed the proposed changes. 1. Allow for administrative review for minor changes. 2. Applicant allowed reasonable timing in review of their nomination or change item. 3. Composition of the Landmark Commission to encourage input from a designated district. 4. Conform Landmark Commission timing with general Council policies regarding such issues as how long people serve, etc. 5. Incorporates the use of volunteers for the processing of the nominations and administration for changes to buildings within the district. Mr. Clark explained that in addition there is information on the nomination process for designation as an individual landmark or a district. The original information for the citizens was very limited and the largest change here is to make the nominator complete an application thoroughly and to present the entire information to the Landmark Commission and the Council. A fee schedule is also included and there is a recommendation from the Landmark Commission for a concurrence of two-thirds property owners within a proposed district. There is also a design document that sets things up for a voluntary committee appointed by the Landmark Commission. This is an attempt to have representation from the local neighborhood and to put a charge on those folks to help process things. It explains the details on administration review, the timing, and the guidelines used in the review. Language was changed to leave flexibility in the review of a particular designated property. He noted that these changes minimized staffing. Mayor informed that the Council subcommittee looked at the ordinance and guidelines and it was brought back twice to the Council. The subcommittee's purpose was to look at the language and procedures and try to remove what would be extended discussion items on fairly unimportant details, to try to straighten the language and do those things that Council would debate here that were not substantive changes. City Manager stated that he had serious concerns about the actual enactment of the proposed ordinance because of the unusualness in the sense that would Staff be able to do it because this is in addition to the normal City Building Codes. He felt that we would be stepping on the rights of private home ownership if we proceed with this. He was troubled with the idea that a person has to get certain approvals before they can proceed with what in any other district of the City would be normal home ownership rights and obligations. I don't know that the City should be in a position of dealing with an ordinance that goes beyond the public welfare, health, and safety, and in this is what I call the aesthetic regulation of a neighborhood and individual home ownership rights. That is where the staffing difficulties come in because they are going to be putting City Staff 147 Item 6c continued in a situation where in any other part of the City people are going to be able to do things where in this particular district they are going to be told they can or cannot. I am not convinced that it is not going to be a very difficult staffing situation for us. Mayor asked if we currently have historic districts like the Depot Square and 23 other buildings designated as landmarks, and have they been a burden to the Staff. City Manager replied that we have never told them they could not do this; the owner instigates most of the work in the commercial district. I think there is a difference in that the public may have more rights in the public section than in the private home ownership. There have been some issues to meet standards and in some cases they are pursuing grants to do that and in some cases they are pursuing redevelopment of a business. We have always had a good partnership in that, so I cannot answer your question. We have had to go and tell someone they had to do things differently from their first plan but in most cases they were given the green light to do that. It does not put us in a situation where we can require certain work. In the commercial side there is a monetary interest, as there should be in home ownerships. Mr. Clark noted that it was a cooperative venture, but added that there was one denial where some folks were asking for funds. Councilor Burns brought up the issue of a percentage. He commented that he thought there was a misperception, because he is not against this. I have individual concerns of personal private property ownership. As a responsible elected official I am concerned how constituent taxpayers' money is spent. He felt that there was going to be a lot of staff time spent on this. His main concerns are private property ownership and staff time. Councilor Norrie felt that private property and commercial property should be discussed individually. Councilor Burns felt that they could both be discussed because they can be both residential and public, like the Depot Square. Councilor Hawkins noted that the City looks at rental property as residential even though it is single-family residences. Mayor explained that the ordinance before the Council sets forth a statutory framework for creating a historical designation whether that is a residential or commercial building or a district. It recognizes that there is going to be criteria for these various types of structures to be declared historical districts. In the resolution the criteria is set out for these various types of structures, whether it is commercial property, single family or district. The guidelines for determining acceptance within the structure of the ordinance is the procedural arm of the ordinance that sets forth all of the details on how you go about becoming one of these. The ordinance sets out the general framework for creation of a historical designation and the resolution sets out the details on how this is done. Mr. Clark pointed out that there is a historical preservation ordinance in place and has been since the 1980s. What you are doing today is further clarifying the language in order to pull things a bit. Councilor Ammons commented that as far as private property rights, we have deed restrictions, ordinances, and codes. This is just designating an area that is historical and will be protected to have future generations enjoy it. It is an enforcement issue and I think we are off base on this. Mayor said that this can create a restriction on private property just as codes and zoning ordinances set restrictions. Councilor Burns said that goes back to the City Manager's statement that the City's responsibility is to make sure its citizens are safe, healthy and living in an environment free from danger. Aesthetic review and what one person views as acceptable in terms of their private residence and what another person views is not, in my view, part of the City's job. City Manager stated that the difference is that the code applies to everybody and you are going to put staff in a situation where it is a separate unit of structures under different criteria. Mayor noted that if the ordinance is adopted and some guidelines are passed does not mean that any residential district is going to be approved. I anticipate that when applications come up both the Landmark Commission and then the Council would very carefully define and scrutinize those districts and would narrowly construe those districts when we first start to see if the ordinance is going to work without an undue burden. Councilor Burns felt that items that were not intended to be in the ordinance such as "color" should be amended 148 Item 6c continued Additional discussion ensued regarding the criteria. City Attorney stated that it is clear that Council has the ability to pass an ordinance like this against somebody's private property rights. The issue about whether to adopt this ordinance amounts to somebody taking of their property, which has already been litigated through the Supreme Court and they concluded that it was not a "taking". It is legal for you to do so; whether you want to and how to do it is another issue. In the issue of"opt in" and "opt out" I would encourage you not to establish a system that unilaterally allows a property owner to get in and out of a district, and also that Council retain some authority, or in a process, how that takes place. Otherwise, you delegate it to the citizens in that district whether they get in or out, and that is a Council power. Mayor suggested that Council vote on this ordinance and then discuss the guidelines and depending on what happens with the guidelines, if Council cannot decide on the guidelines, he will bring this ordinance up for reconsideration. Mayor called for the question. Motion passed by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: Councilor Norrie Item 7a A proposed resolution was presented recognizing and endorsing the Landmark & Historic District Nomination Procedures and the Design Review Procedures & Guidelines. Moved by Councilor Williams that proposed resolution be passed. Motion seconded by Councilor Ammons. Moved by Mayor Altman to amend Section 3, subsection A.1. b. by striking the phrase "2/3 of 66%" and inserting "100%". Motion seconded by Councilor Burns. Mayor stated that his reasoning was to get the ordinance passed and the guidelines passed, recognizing that the Landmark Commission and the Council are going to walk gingerly into this area. By necessity we would be approving restricted areas. If this change is not made the whole ordinance will go down. Councilor Ammons felt 100% was unforeseeable. Councilor Burns said that it was a start and it could be changed; 100% was not his figure but he wanted something higher than 66%. Mayor withdrew his motion to amend and Councilor Burns withdrew his second in order to allow for another amendment with a lower percentage. A lengthy discussion ensued regarding the percentage. City Council recessed at 10:05 a.m. and reconvened at. 10:20 a.m. Moved by Councilor Burns to amend the proposed resolution at Section 3 A .1.b. by striking 66% and inserting 75%. Motion seconded by Councilor Esther. Carol Waggoner, 1300 Buchanan, and Jeff Hedner, 1815 111h Street, spoke in favor of this resolution as originally proposed. A lengthy discussion ensued regarding the percentage and property owners' rights and choices, along with explanations and clarifications of the ordinance and the guidelines. 149 Item 7a continued Motion on the amendment carried by the following vote. Ayes: Mayor Altman, Councilors Esther, Burns, and Hawkins Nays: Councilors Williams, Ammons and Norrie Moved by Councilor Norrie to amend the resolution by inserting the following wording at the end of the paragraph of Section 3 A. 1. b: "A property owner whose property is included in an application may before the application is considered by the Landmark Commission file written notice with the Commission that the owner desires his property be removed from the application for the district." Motion seconded by Councilor Hawkins. Mayor stated that this amendment had to be in the ordinance and not in the guidelines. Councilor Hawkins disagreed because this is going to be part of the application that they are going to fill out and the applicants need to know that they have the right to opt out. It can be placed in the ordinance afterwards. City Attorney agreed that the proposed amendment could be in the application. There was additional discussion on the proposed amendment. Jeff Hedner, 1815 11th Street, asked if the opt out would increase their percentage. Mayor replied that it would depend on how the area is defined in the application or applicants could eliminate certain addresses. Councilor Hawkins added that if they knew the person was not going to be for the measure they could take them out and that would help their percentage. Rudy Summerfield, 2200 Princeton, contractor, spoke against opting out. If you are going to have a designated district you either have it or you don't. He said that it would be a detriment to sell a home next to one that is not in a designated district and he felt this was a very important point to consider in making a decision to include opting out. Diane Thueson, 3306 Robin Lane, Landmark Commission member spoke in favor of the ordinance and the resolution. She noted that the Commission's intent was to remove color from the ordinance. Motion on the second amendment failed by the following vote. Ayes: Councilors Esther, Norrie, and Hawkins Nays: Mayor Altman, Councilors Williams, Ammons, and Burns Motion on the resolution as amended failed by the following vote. Ayes: Mayor Altman, Councilors Ammons and Burns Nays: Councilors Williams, Esther, Norrie and Hawkins Item 6c A proposed ordinance was presented amending Chapter 62, Articles I, II, and III of the Code of Ordinances, regarding historic preservation. Mayor called for a motion to reconsider Item 6c. Moved by Councilor Norrie to reconsider Item 6c. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor declared Item 6c placed back on the table for reconsideration. 150 Item 6c continued Motion on Item 6c failed by the following vote. Ayes: None Nays: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Mayor clarified that the existing Landmark Ordinance remains in effect with no changes. Item 7b City Manager asked that this item be removed from the agenda since it was considered under Item 6d. Item 7c RESOLUTION NO. 96-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF THE CITY'S ESTIMATED ANNUAL REQUIREMENT OF FUEL PRODUCTS FROM PETROLEUM TRADERS CORPORATION IN THE AMOUNT OF $1,173,602.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 96-2003 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7d RESOLUTION NO. 97-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR YARD PIPING PHASE 1, CYPRESS WATER TREATMENT PLANT, CWF 03-544-23; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 97-2003 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 7e RESOLUTION NO. 98-2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE FY 2003-2004 BUDGET FOR THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 151 Item 7e continued Moved by Councilor Williams that Resolution No. 98-2003 be passed. Motion seconded by Councilor Norrie. Councilor Norrie stepped out of Council Chambers. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None Item 8a Councilor Ammons mentioned that the majority of citizen calls she receives are regarding water rationing, semi -trailers parked in residential areas, and vehicles parked in the yards. She requested that related code information be televised on the City Channel. Mr. Scott Taylor clarified that water rationing occurs only when water levels are below a certain level. He added that the Permanent Water Conservation Rules continue to be in place. Councilor Norrie returned to Council Chambers. Councilor Ammons informed that semi-trailers are parking on Carol Street, Wenonah Avenue, and Indian Heights. Councilor Norrie said he received a call from a citizen with a concern relating to a rental house where drugs are being sold. Councilor Norrie will provide detailed information to the Police Chief. Councilor Norrie referred to the Landmark Commission issue expressing his disappointment that Council was not able to get something accomplished regarding the historical designation. He hopes this can be discussed again. Councilor Esther expressed concern about the way they had conducted themselves this morning. We should not raise our voices to each other. He said that Councilor Hawkins conduct and comments had thrown his vote off on the historical designation. Councilor Hawkins apologized to Councilor Esther. As far as some of the other things that happened, I do get loud but I do not do it disrespectfully. I disagreed with the Mayor when he indicated that I was foolish to recommend something to put in the resolution. I apologize for getting loud but not for what I did regarding the resolution. Councilor Williams commented that the resolution failed for three different reasons and one of them was the 100% requirement. I am concerned especially about Southland Addition. She said Council really did try to voice what their constituents wanted. Councilor Williams asked Mr. Scott Taylor to look at 605 Duncan Street because it is still caving in. Mr. Taylor informed that they are trying to evaluate how to best resolve that. Councilor Williams expressed appreciation for the work that Staff does. Councilor Williams mentioned the German exchange students and the activities they have been involved in, as well as how well behaved and wonderful they are. She commended the shadow students for being charming hosts and hostesses. Mayor explained that the proposed amendments to the Landmark Commission were voted down. The moratorium is about to expire and that means there is still a Landmark Ordinance in existence, which by its general terms covers residential districts. Therefore, the Landmark Commission, by the ordinance in effect now without the benefit of the guidelines, can consider any residential district application including the one from the Southland Addition because we have not set out any specific criteria. It can be considered in whole or part with a recommendation to the Council. It will not have the structure of the ordinance and amendments nor the guidelines because in the current ordinance there is no percentage requirement nor opt out provision. The Council can do it if they wish but in voting the guidelines and ordinance down we removed the opportunity to set up the ordinance and guidelines with either a percentage or the opt out provisions. 152 Item 8b Chief Coughlin provided information on the parking of semi-trailers and recreation vehicles in residential areas. Councilor Ammons asked how this could be enforced. She expressed concern that she had to speak to two different employees and they did not know there was an issue. Chief Coughlin will address this with the dispatchers. City Manager felt that some type of communication was needed to address these type of things including signs on utility poles and on right-of-ways. That can be done by using Channel 11 and news stories and other media efforts. We will look into that. Mayor announced that this concluded the televised portion of this meeting. Item 9 Kathryn Phillips, 2704 Palmetto, Human Needs Commission member, provided information on "Operation Crack Down". This is a Human Needs Commission subcommittee that is working with the Eastside Boys and Girls Club on this project. She encouraged everyone to participate in this project and attend the next Operation Crack Down meeting on September 3 at the Eastside Boys and Girls Club at 7 p.m. City Council recessed at 12:15 p.m. for lunch and Executive Session. Item 10a-10b City Council went into Executive Session at 1:15 p.m. as authorized by Section 551.074 and 551.071 of the Texas Government Code. City Council reconvened at 1:45 p. m. Councilor Norrie was not in attendance. Mayor announced that no votes were taken in Executive Session. Item 11a Appointments to the Wichita Count/City Hospital Board were deferred until the September 2, 2003 Council meeting. Item 11 b ORDINANCE NO. 77-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY FOR THE SETTLEMENT OF PENDING LITIGATION STYLED RALPH KING AND GLORIA KING V. CITY OF WICHITA FALLS, CAUSE NO. 155,247-A; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 77-2003 be passed and that the figure of$100,000.00 be inserted in the blank under Section 1. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Burns, and Hawkins Nays: None 153 City Councilor recessed at 1:55 p.m. and reconvened at 2:05 p.m. Item 12 All Council members were in attendance. A work session was held to consider the proposed FY 2003-2004 Budget. City Manager presented a balanced budget with no tax increases, noting that the proposed budget of$114,347,626.00 is $1.4 million higher than the budget adopted last year. Mr. Jim Dockery provided detailed fund information, including revenues, and expenditures. Council discussed the various funds, proposed budget, and budget requests. Directors provided highest priority on above current requests. Mayor announced that the work session would resume on Wednesday at 9:30 a.m. instead of 8:30 a.m. City Council recessed at 5:10 p.m. and reconvened at 9:30 a.m. on August 20, 2003 with the entire Council in attendance. Mayor proposed that the following above current items be funded: Public Works —2 Vacuum Excavators and 2 Operators Community Development— Cell Phones Health Department—Animal Control Warden and Health Inspector Police Department— 2 Police Officers, 2 Sentinels, and 1 Police Vehicle Administrative Services — Booklet Maker and 1 Customer Service Attendant Parks & Recreation — 1 Pickup Truck and Senior Zone Supervisor Total on salaries with benefits on above current is $237,228.00. Total for booklet maker and vehicles is $61,309.00. Fund by increasing the tax collections to 99%. Fund the excavators and operators from the Water and Sewer Fund. (Proposed water rate increase) Mayor stated that there is currently a total of $450,000 in the budget for a fire truck and he proposes to take a request to the 4B Board to match the $450,000 amount to purchase the fire truck. If the 4B Board turns this down he has asked the City Attorney to look at the legality of using some part of the $2 million refund on the Holliday Creek Project that we received from the government to use for storm water drainage funds. The City Attorney will research to see if we can use that amount one time to purchase the fire truck that the Fire Department has requested for years. After discussion regarding these and other suggestions, there was a consensus on the proposed additions to the proposed budget. Councilor Williams asked that the certification pay for the Fire Department be revisited next year. City Council adjourned at 11:45 a.m. PASSED AND APPROVED this day of 2003. WILLIAM K. ALTMAN MAYOR ATTEST: Lydia Torres 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, August 19, 2003, Beginning At 8:30 a.m. City Council: Mayor William K. Altman - Councilors Arthur Bea Williams, Linda Ammons, James Esther, Michael Norrie, Johnny Burns, and Harold Hawkins. 1. Call to Order. 2. Invocation: Chaplain Major Michael Lovett, Sheppard Air Force Base 2.a. Presentations 3. Approval of Minutes. CONSENT AGENDA 4. Resolutions: a. Resolution of The City Council of The City of Wichita Falls, Texas, Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs. (City Council Bill #186) 5. Receive Minutes: a. Wichita Falls Traffic Safety Commission — June 4, 2003 b. Commission on Human Needs — June 16, 2003 REGULAR AGENDA 6. Ordinances: a. Ordinance Making Appropriation In The Special Revenue Fund In The Amount of $2,263.12 For The Children's Health Insurance Program (CHIP) Grant Received From The Department of Health And Human Services (HHSC) And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #187) b. Ordinance Amending The FY 2002-2003 Budget For The Section 8 Rental Assistance Program and Family Self Sufficiency Programs. (City Council Bill #188) c. Ordinance Amending Chapter 62 — Historic Preservation, Of The Code Of Ordinances To Address the Nomination of Historic Districts and Design Review Procedures. (City Council Bill #189) d. Ordinance Authorizing The Issuance And Sale of General Obligation Refunding Bonds, Calling For Redemption Prior To Maturity Certain Outstanding Obligations Of The City And Resolving Other Matters Related Thereto (City Council Bill #196). 7. Resolutions: a. Resolution Endorsing The Landmark & Historic District Nomination Procedures And The Design Review Procedures & Guidelines. (City Council Bill #190) b. Resolution Authorizing The City To Refund Series 1994 General Obligations Bonds. (City Council Bill #191) c. Resolution Authorizing Award of Bid For The City's Estimated Annual Supply Of Unleaded Gasoline And #2 Diesel Fuel To Petroleum Traders Corporation. (City Council Bill #192) d. Resolution Awarding Bid And Contract For Yard Piping Phase 1 , Cypress Water Treatment Plant Project, CWF 03-544-23. (City Council Bill #193) e. Resolution Approving The FY 2003-2004 Budget For The Wichita Falls Economic Development Corporation. (City Council Bill #194) 8. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. End Of Televised Segment 9. Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. 10. Executive Session: a. Consider Qualifications Of Possible Appointee To The Wichita County/City Hospital Board, As Authorized By Section 551.074 Of The Texas Government Code. b. Briefing By City Attorney Regarding Status Of And Possible Settlement of Pending Litigation, Gloria King and Ralph King v. City of Wichita Falls, Cause No. 155,247-A, and Casey White v. City of Wichita Falls, As Authorized By Section 551 .071 Of The Texas Government Code. RESUME TELEVISED SEGMENT 11 . Open Session: a. Appointment To Wichita County/City Hospital Board. b. Ordinance Making An Appropriation from General Fund Equity For Settlement Of Cause No. 155,247-A, Gloria and Ralph King v. City of Wichita Falls. (Council Bill # 195) 12. Work Session to Consider Proposed FY 2003-2004 Budget. 13. Recess and Reconvene on Wednesday, August 20, 2003, At 8:30 a.m. And Thursday, August 21, 2003, At 8:30 a.m., If Necessary. 14. 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