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Min 05/17/2005 550 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 17, 2005 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: Arthur Bea Williams - Mayor Linda Ammons - Councilors James Esther, Jr. - Michael Norrie - Ray Gonzalez - Charles Elmore - Darron Leiker - Interim City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Councilor James Esther gave the invocation. Item 2b Councilor Gonzalez led the Pledge of Allegiance. Mayor Williams informed that Items 7 and 8 would be considered at this time. Item 7 Mayor Williams proclaimed the week of May 15-21, 2005 as "Armed Forces Week" in Wichita Falls. Col. Kendall accepted the proclamation and expressed appreciation to the City for their involvement at Sheppard Air Force Base. He invited everyone to attend the week's activities at Sheppard Air Force Base. Mayor Williams proclaimed the week of May 15-21, 2005 as "Police Week in Wichita Falls". Police Chief Bachman and Sgt. Cindy Walker accepted the proclamation. Chief Bachman invited everyone to attend the Police Memorial Service May 20 at 10:00 a.m. Chief Bachman expressed appreciation to the officers and their families for the sacrifices they make serving as officers and protecting our citizens and City. Mayor Williams proclaimed May 17, 2005 as "Charlie Byars Day in Wichita Falls". Mr. Byars accepted the proclamation and expressed appreciation for this recognition, noting that it was an honor to serve the City of Wichita Falls and Wichita County. The Wichita County Amateur Radio operators are a team and we do our job. Mayor Williams proclaimed May 17, 2005 as Wichita County Amateur Radio Day in Wichita Falls". Mr. Charlie Byars and Mr. David Gaines accepted the proclamation. Mr. Gaines expressed appreciation on behalf of the spotters for this recognition. Item 8 The Minutes were approved as distributed. 551 Item 3 Mrs. Lydia Ozuna, City Clerk, and Mayor Williams canvassed the returns of the General- Special Municipal Election held in the City of Wichita Falls on May 7, 2005. Item 3a ORDINANCE NO. 30-2005 ORDINANCE CANVASSING THE RETURNS OF THE MUNICIPAL GENERAL- SPECIAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON MAY 7, 2005; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Ordinance No. 30-2005 be passed. Motion seconded by Councilor Elmore. Councilor Esther and Councilor Elmore agreed to amend the Ordinance to insert the following figures in the blanks: . . . 9320 voters voted in said election, and that votes were cast as follows: MAYOR: Lanham Lyne received 4674 votes. Brian A. Laffertry received 328 votes. Jim Wynn received 158 votes. Bob Castor received 235 votes. Timothy Ingle received 2250 votes. Robert Johnston received 241 votes. Emmitt Smith received 131 votes. Tobby Perez received 984 votes. Don Roberts received 178 votes. COUNCILOR AT LARGE: Bobby Hall received 342 votes. Ben Valadez, Jr. received 1693 votes. Jill King received 1775 votes. Lisa Gunnell received 369 votes. Rick D. Hatcher received 1960 votes. Jim Ginnings received 2228 votes. William R. Adams, Jr. received 32 votes. John Reberger received 74 votes. Terry Madison received 84 votes. Vikki Holcomb received 586 votes. COUNCILOR DISTRICT 1: Linda R. Ammons received 708 votes. COUNCILOR DISTRICT 2: Dorothy Roberts-Burns received 467 votes. Richard Kulka received 163 votes. Motion carried by the following vote. Ayes: Mayor Williams, Councilors Ammons, Esther, Norrie, Gonzalez, and Elmore Nays: None 552 Item 4 City Clerk Lydia Ozuna administered the official Oath of Office to newly elected Mayor Lanham Lyne, Councilor Linda Ammons, Councilor Jim Ginnings, and Councilor Dorothy Roberts- Burns. Councilor Norrie expressed appreciation to Mayor Arthur Bea Williams for her service to the City of Wichita Falls, and presented her with a memento of appreciation from the City Council and a gift from Staff. Councilor Norrie expressed appreciation to Councilor James Esther for his service to the City of Wichita Falls and District 2. He presented Councilor Esther with a gift. City Council recessed at 10:00 a.m. for a reception honoring outgoing Mayor Williams and Councilor Esther, and incoming Mayor Lyne, Councilors Ammons, Ginnings, and Roberts-Burns. City Council reconvened at 10:30 a.m. Item 5 Mayor Lyne called the meeting to order. Item 6 Jane Austin, #39 Dayton, PO Box 3367, A&A Security Service, stated that she was in favor of the Police encryption but not of the solidarity. She is concerned about the security issues for her company and felt they needed to know when they were going to come into a dangerous situation. We are out there for public safety and security and we want to do our job. Timothy D. Spitler, 1150 Grace Street, informed that he had purchased the 2007 Harriet property. He stated that 90 days ago the Council had authorized him 90 days to rehab that property, however, he has not obtained substantial completion and is requesting additional time to complete the rehabilitation process. Mayor stated that this item was not on the agenda so Council cannot take action or discuss it. Mayor requested that Mr. Spitler put his request in writing and submit it to the City Clerk to be put on next Council agenda. Items 9a-10b Interim City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Norrie requested Item 10a be moved to the regular agenda. Moved by Councilor Gonzalez that the Consent Agenda be approved with the exception of Item 10a. 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 9a Minutes of the March 22, 2005 Library Advisory Board meeting were received. 553 Item 10b RESOLUTION NO. 75-2005 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 Item 10a RESOLUTION NO. 74 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) 5-YARD DUMP TRUCKS FROM WICHITA FALLS FREIGHTLINER, IN THE AMOUNT OF $111,650.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Gonzalez that Resolution No. 74-2005 be passed. Motion seconded by Councilor Norrie. Councilor Norrie asked if items of this amount should be on the regular agenda. Interim City Manager informed that if they are good clean bids, the item is usually on the consent agenda. Mrs. Peggy Gahagan reported that these items came in under the budgeted amount and were good clean bids. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 11 a A public hearing was held to authorize a franchise renewal for Taxicab Service to Davilla Transportation, Inc. DBA All American Transportation All American Cab. Mayor declared the public hearing open. City Clerk provided information regarding the renewal of this franchise noting that in September 2004 Council authorized Mr. Ramirez a franchise with a six-month probationary period because of ongoing complaints as to his business ethics. City Clerk informed that the financial statement does not meet Code requirements. The Taxi Oversight Committee met with Mr. Claudio Ramirez, Sr. and Jose Ramirez, Manager of the Company, and explained in detail what they needed to provide in particular the financial statement. City Clerk reported that the complaints continue regarding Mr. Ramirez business ethics. Mr. Claudio Ramirez, Sr., 2013 Elizabeth, provided his business experience and background noting that he tries to do the best he can. City Clerk provided information on the complaints and other areas of concern, as well as Code requirements for cab drivers. City Attorney concurred that this franchise has not met Code requirements regarding their financial statement, adding that it was not provided by a Certified Public Accountant. Councilor Ginnings asked about the safety of the vehicles. City Clerk deferred to Mr. Leiker who informed that there were no safety issues at this time. Councilor Ginnings asked Mr. Ramirez if he understood that he has to comply with these things. Mr. Ramirez replied that he should know what the requirements are. Councilor Ginnings clarified to Mr. Ramirez that he has to follow the rules. Mr. Ramirez was uncertain as to the meaning of a Certified Public Accountant. Mr. Jose Ramirez stated that he did not know if their accountant was a CPA or not. 554 Item 11a continued Mr. Jody Wade, 201 East Scott, stated that this Company continues to violate City Ordinances. He informed on some of the violations. On May 7, Davilla Transportation had an intoxicated driver and his company was called to transport those persons to the Base. Davilla Transportation overcharges airman by not running their meters and charging a group rate. They also transport more than six passengers at one time. All this has a bad impact on the City. They park their cabs on McNiel and Elizabeth Streets. They advertise on the website that they have smoking and non-smoking cabs, which is in direct violation of no smoking in the cabs. He mentioned that they use scanners in the cabs, which is another Code violation. Mr. Wade mentioned other violations. He said that Mr. Ramirez was not going to fix any of these or other problems and there is enough evidence that Mr. Ramirez is not going to change his work habits because he has been doing this for years. Mr. Wade asked Council to make the right decision today and not allow Mr. Ramirez a cab franchise. Mr. Ramirez rebutted that the scanner situation began when two of Mr. Wade's drivers left his company and began working for Mr. Ramirez, bringing the scanners with them. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 12a ORDINANCE NO. 31-2005 ORDINANCE AUTHORIZING A FRANCHISE RENEWAL FOR TAXICAB SERVICE TO DAVILLA TRANSPORTATION, INC. DBA ALL AMERICAN TRANSPORTATION ALL AMERICAN CAB; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Ginnings that proposed ordinance No. 31-2005 be passed. Motion seconded by Councilor Gonzalez. Mayor Lyne stated that the ordinances were created for the City's best interest and must be complied with. Moved by Councilor Ginnings that Davilla Transportation, Inc. be authorized a 30-day probationary period and if Mr. Ramirez does not comply by providing a proper financial statement and adhere to the Code, his franchise will automatically be revoked at the end of that 30-day period, June 17, 2005. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Gonzalez, Nays: Councilors Ammons, Norrie, and Elmore Item 12b A proposed Ordinance waiving appendix A Section 6.2 (B) (3) of the Code of Ordinances with respect to placing curb and gutter at Ranch Estates, Block 2, Lot 14-B was presented. Moved by Councilor Ammons that proposed Ordinance be passed. Motion seconded by Councilor Elmore. Bobby Nunn, 2600 Britain Road, representing Quality Homes, requested a waiver for curb and gutter on Cartwright Road. He noted that there are no curbs and gutters out in that area. Scott Taylor, Director of Public Works, pointed out that there were properties that were granted curb and gutter waivers prior to the new Ordinance that is now in place. Mr. Taylor provided the requirements set out under the current Ordinance. He noted that Cartwright Road is not on the improvement project list and he has no idea when curb and gutter will be put in out there. 555 Item 12b continued Councilor Ginnings suggested that somehow within the framework of the law, Council grant a waiver with the stipulation that at such time as that Road is built or improved or other conditions that evoke a review that that development will be assessed. They can look forward to that. He felt that the proposed ordinance was somewhat inadequate the way it is written right now. Councilor Norrie stated that instead of granting waivers, that the ordinance be changed. He suggested that the Mayor create a Council subcommittee to revisit the curb and gutter ordinance. Arnold Oliver, 2408 Merrimac, spoke in favor of this ordinance. He disagreed with the idea of asking people to put up escrow funds that will not be used in that area since there are no foreseeable improvement plans in that area. City Attorney informed that the current trigger is the platting process. At that time the City can ask for certain requirements since it has leverage at that point. There are other issues to discuss as well. Mr. Taylor informed that we are protected by Utility Ordinances. Lots have to be platted to be served. But we really just have one opportunity to address drainage, streets, and curb and gutter issues. Prior to this ordinance developers were required to pay for part of the roads adjacent to their development. They are now required to be responsible for their own streets. Mayor commented that there seems to be some consistency in the past and I think we should continue that practice. We also need for legal to follow up with clarification on the ordinance regarding escrow and waivers. It needs to be reviewed. Motion failed by the following vote. Ayes: Councilors Ammons and Ginnings Nays: Mayor Lyne, Councilors Roberts-Burns, Norrie, Gonzalez, and Elmore Item 12c ORDINANCE NO. 32-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTIONS 82-62 AND 82-63 OF THE CODE OF ORDINANCES TO PERMIT SALES AND POSTING OF SIGNS DURING A TEXAS TRAILS DAYS EVENT SPONSORED BY THE PLACE JUNE 4, 2005 IN THE CENTRAL AREA OF LUCY PARK; 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. 32-2005 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 12d ORDINANCE NO. 33 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING APPROPRIATIONS IN VARIOUS FUNDS IN THE AMOUNT OF $345,600 FOR ACOUSTICAL TREATMENTS FOR THE KAY YEAGER COLISEUM; 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. 33-2005 be passed. Motion seconded by Councilor Roberts-Burns. 556 Item 12d continued Bob Sullivan, MPEC Executive Director, stated that he has been out in the community getting acquainted, since he has been here only six weeks, and promoting MPEC. He received comments and concerns, which are being addressed. The sound system is a challenge. Councilor Norrie stepped out of Council Chambers. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 12e ORDINANCE NO. 34-2005 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 ENRIQUE MIRANDA MENDOZA V. CITY OF WICHITA FALLS, ET AL, CIVIL ACTION NO. 7-03CV-179- R; 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. 34-2005 be passed with the amount of$40,000 inserted in the blank in Section 1. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 13a RESOLUTION NO. 76 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING A BID TO PAYLESS INSULATION, INCORPORATED IN THE AMOUNT OF $345,600 FOR THE ACOUSTICAL TREATMENT PROJECT AT THE KAY YEAGER COLISEUM; 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. 76 -2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 13b RESOLUTION NO. 77-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING MS. SUSAN MORRIS OF THE WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH DISTRICT AS THE LOCAL RABIES CONTROL AUTHORITY FOR THE CITY OF WICHITA FALLS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW J 557 Item 13b continued Moved by Councilor Ammons that Resolution No. 77-2005 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Councilor Norrie returned to Council Chambers. Item 13c RESOLUTION NO. 78-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 TO THE 2004 PUMP REPLACEMENT PROJECT, CWF04-550-16 IN THE AMOUNT OF $10,662.80 AND 30 CALENDAR DAYS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 78-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Councilor Ammons stepped out of Council Chambers. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 13d A proposed resolution to award bid and contract for the 2005 CDBG Street Rehabilitation Project was presented. Moved by Councilor Elmore that proposed resolution be passed. Motion seconded by Councilor Norrie. Councilor Ammons returned to Council Chambers. Zack Burkett III, 2600 Old Burk Road, President of Zack Burkett, informed that All Tex Paving, Inc. has failed to pay him for materials that his company sold to them in the approximate amount of$345,000. He said that Zack Burkett has filed a claim and notified All Tex Paving, Inc. and their bonding company as well as the City of Wichita Falls. We have had no written response from All Tex Paving, Inc. Mr. Burkett wanted to make the Council aware of these facts and as a tax payer he feels it is important for our local government to do business with honorable businesses. It cost the City public money to monitor this claim. In light of all this, the City would be ill advised to award this bid to All Tex Paving, Inc. and it would not be in the public's best interest. Councilor Elmore asked Mr. Burkett about his bid. Mr. Burkett stated that their bid was submitted in good faith but was deemed incomplete, however, that has nothing to do with why I am here today. He explained that his bid had original documents that contained an error, which they corrected and submitted the addendum. His understanding was that the bid was incomplete because they did not fill out both the original documents and the addendum. Normally we fill out only the addendum. Our bid was $220,000 and we are the second bidder. I do not expect you to issue me the contract. All Tex Paving Inc. is in arrears. City Attorney informed that there was an addendum submitted. His bid did not include the pages required and I believe it is in order to reject his bid. Regarding All Tex Paving, Inc. the law requires us to obtain a performance payment bond to protect the supplier. If they are not paid they fall back on that bond and Mr. Burkett has done that. Based on the information I have today I cannot tell you All Tex Paving, Inc. is in default and that you should award this bid to them. I am not prepared to tell you that because I do not have the facts to support that. 558 Item 13d continued Mr. Scott Taylor informed that this is All Tex Paving, Inc.'s first project with the City. We have not brought the project to the Council as complete yet. Motion failed by the following vote. Ayes: Councilor Elmore Nays: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Gonzalez Item 13e RESOLUTION NO. 79-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CREATING A CITIZENS ADVISORY COMMITTEE FOR TAX INCREMENT FINANCING REINVESTMENT ZONE #2; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 79-2005 be passed with the names of Ben Filer, Ann Bishop, and Susan Plies being inserted in the blanks in Section 1. 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 14a Councilor Ammons complimented John Burris, Central Services, for being an outstanding employee. She would like to see a more citizen friendly atmosphere. Councilor Ammons noted that there are so many people who have become interested in City government and who are interested in participating in creating a long range project committee. She hopes that the Mayor would lead us in that direction. Councilor Ammons welcomed the newly elected officials. Councilor Gonzalez had suggested that candidates running for office apply to serve on City boards because this was a good way to get their feet wet in City government. Councilor Gonzalez thanked Chief Bachman for addressing the speeding situation on Holiday Street effectively. Councilor Norrie welcomed the new Council members. He commented that this was a unique time for Wichita Falls because there are so many opportunities for our City in many areas. We have some good experienced persons on the Council. Councilor Norrie stated that he had spoken to the City Attorney about the need for the City Charter to be looked at specifically the section on Recalls. He asked the Mayor to put together a Council subcommittee to review this issue. Councilor Elmore agreed with Councilor Norrie on the City Charter review. He would like to have a lot of citizen participation from all districts. Councilor Roberts-Burns stated that she is here to work with the citizens of Wichita Falls to make it a better place to live. Councilor Ginnings stated that he wants to be a listener to all the districts but does not want to get in the way of any councilor in their district. I am glad to be here. I think we have an opportunity to get the City healed and pointed in the right direction. Councilor Ginnings asked for some input from the Mayor and staff to look at the curb and gutter ordinance. I think it is inadequate. 559 Item 14a continued Councilor Ginnings asked for a report on the Civil Service Commission. He would like to know what directives, if any, the Council could impose on that Commission. Councilor Ginnings stated that he would have liked for staff to inform Council prior to Council meeting of the problem with All Tex Paving, Inc. and Zack Burkett. Mayor Lyne stated that it is a privilege to be here. It is a great opportunity for all of us. Mayor Lyne requested that the Councilors provide him with a list of projects/items that they want to accomplish in six months and in one year. That will give him some guidance as to where they want to go. I want us to work together. He wants to attend District town hall meetings and he would like to conduct a town hall meeting on a quarterly basis with the City Manager to give the citizens an opportunity to express their concerns and to talk with them. Item 14b There was no Staff/Council discussion. City Council adjourned at 12:55 p. m. PASSED AND APPROVED this day of 2005. LANHAM LYNE MAYOR ATTEST: L— Lydia Ozuna t� 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 17, 2005, Beginning At 8.30 a.m. City Council: Mayor Arthur Bea Williams, Councilors Linda Ammons, James Esther, Michael Norrie, Ray Gonzalez, and Charles Elmore. 1 . Call to Order. 2. (a) Invocation: Floral Heights Assembly of God Russell Adams Pastor (b) Pledge Of Allegiance 3. Canvass The Returns Of The Municipal General-Special Election Held In The City Of Wichita Falls, Texas On May 7, 2005. (a) Ordinance Canvassing The Returns Of The Municipal General-Special Election Held In The City Of Wichita Falls, Texas On May 7, 2005. (Council Bill #106) 4. Administering Of Official Oath To Newly Elected Mayor and Council Members. RECESS 5. Call To Order. 6. 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 Minutes Time Frame Will Be Adhered To For Those Addressing Their Concerns. City Council Agenda Tuesday, May 17, 2005 Page 2 7. Presentations: (a) Police Week (b) Charlie Byars Day 8. Approval Of Minutes. CONSENT AGENDA 9. Receive Minutes: a. Library Advisory Board Minutes-March 22, 2005 10. Resolutions: a. Resolution Authorizing Award Of Bid For The Purchase Of Two (2) 5-Yard Dump Trucks To Wichita Falls Freightliner In The Amount Of $111 ,650.00. (City Council Bill #107) b. 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 #108) REGULAR AGENDA 11 . Public Hearings: a. A Public Hearing Regarding Authorizing A Franchise Renewal For Taxicab Service To Davilla Transportation, Inc. DBA All American Transportation All American Cab. 12. Ordinances: a. An Ordinance Authorizing A Franchise Renewal For Taxicab Service To Davilla Transportation, Inc. DBA All American Transportation All American Cab. (City Council Bill #109) b. Ordinance Waiving Appendix A Section 6.2 (B) (3) Of The Code Of Ordinances With Respect To Placing Curb And Gutter For Ranch Estates, Block 2, Lot 14-B (Cartwright Road). (City Council Bill #110) c. Ordinance Waiving Sections 82-62 And 82-63 Of The Code Of Ordinances To Permit Sales And Posting Of Signs During A Texas Trails Days Event Sponsored By The Place June 4, 2005 In The Central Area Of Lucy Park. (City Council Bill City Council Agenda Tuesday, May 17, 2005 Page 3 #111) d. Ordinance Making Appropriations In Various Funds In The Amount Of $345,600 For Acoustical Treatments For The Kay Yeager Coliseum. (City Council Bill #112) e. Ordinance Making An Appropriation From General Fund Equity For Settlement Of Civil Action No. 7-03CV-179-R, Enrique Miranda Mendoza v. City of Wichita Falls, et al. (City Council Bill 1#113) 13. Resolutions: a. Award Of Bid To Payless Insulation, Incorporated In The Amount Of $345,600 For The Acoustical Treatment Project At The Kay Yeager Coliseum (City Council Bill #114) b. Resolution To Appoint Ms. Susan Morris, R.S. Of The Environmental Health Division Of The Wichita Falls-Wichita County Public Health District To Act As The Local Rabies Control Authority For The City Of Wichita Falls. (City Council Bill #115) c. Resolution To Approve Change Order No. 1 To The 2004 Pump Replacement Project, CWF04-550-16 (City Council Bill #116) d. Resolution To Award Bid And Contract For The 2005 CDBG Street Rehabilitation Project (CWF05-204-33) (City Council Bill #117) e. Resolution Creating A Citizens Advisory Committee For Tax Increment Financing Reinvestment Zone #2. (City Council Bill #118) 14. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. 15. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp City Council Agenda Tuesday, May 17, 2005 Page 4 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