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Min 07/05/2005 578 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 5, 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: Lanham Lyne - Mayor Ray Gonzalez - Mayor Pro Tern Jim Ginnings - Councilors Linda Ammons - Dorothy Roberts-Burns - Michael Norrie - Charles Elmore - Darron Leiker - Interim City Manager Kinley Hegglund - Assistant City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Pastor John Carswell, Fain Presbyterian Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mr. Michael Lewis, Laborer, Sanitation Landfill, was recognized as employee of the month for July 2005. Mayor presented Mr. Lewis with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Item 4 Murray Sallis, 914 Scott Street, spoke on developing downtown and wanted to know what needed to be done to get on board to commit to replenish downtown. Tom McCorkell, 4907 Kitty Street, gave a progress report on professional baseball effort in Wichita Falls. He noted that it might be 2007 before we can get a team. David Brock, 1819 Hines, asked that something be done about the wild dogs in District 2 because they continue to be a problem. Councilor Roberts-Burns, Councilor Norrie, and Mr. Reuben Warren will meet with him on this issue. Item 5 The Minutes were approved as distributed. 579 Items 6a-6f Interim 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 Roberts-Burns 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. Wichita Falls Economic Development Corp— January 3, 2005 b. 4B Sales Tax Corporation — October 14, 2004 c. Animal Shelter Advisory Committee — January 20, 2005 d. Landmark Commission —April 27, 2005 e. Wichita Falls-Wichita County Public Health Board — February 25, 2005 f. Civil Service Commission — May 20, 2005 Mayor Lyne moved Item 7i up on the agenda and it was considered at this time. Item 7i A proposed ordinance was presented rezoning 2110 Hiawatha Boulevard from Single Family-1 to Limited Office and amending the Land Use Plan to reflect the lot as Light Commercial. Moved by Councilor Roberts-Burns that proposed ordinance be passed. Motion seconded by Councilor Ammons. Council expressed concern over the numerous calls from neighborhood residents opposing this proposed ordinance. Mr. Clark explained the different permit uses. Motion failed by the following vote. Ayes: None Nays: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Item 7a A public hearing was held regarding authorizing a franchise for a Special Service Vehicle to Trans Star, Inc. DBA Star Transportation. Mayor declared the public hearing open. City Clerk presented information on the request to renew this franchise. Doak McDonnell, 503 N. Hilltop, Burkburnett, TX said he had no objections to this request but Mr. Matthews is operating three vans without permits instead of one. Ryan Matthews, 4312 Callfield Road, stated that he obtained a single permit five years ago. We have a contract with United Regional to move patients to and from the hospital. He noted that this was a point of contention because it is isolated to those persons needing to be moved from the hospital. It is a service that is being provided. Every nursing facility has its own van service. Interim City Manager informed that contractual agreements are not included in the Ordinance and that is what Mr. Matthews would be doing. 580 Item 7a continued Councilor Gonzalez wanted to know who would be liable if someone was hurt. City Clerk replied that they are required to carry liability insurance and Mr. Matthews carries insurance in an excess of$1 million. Mr. Matthews explained the type of insurance he carries. Councilor Norrie asked staff to look at the Vehicle for Hire Ordinance to determine if Mr. Matthews needs to be required to have three permits instead of the one he is requesting. Councilor Ginnings felt that Mr. Matthews needed two more permits for a total of three. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7b ORDINANCE NO. 47-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A FRANCHISE FOR A SPECIAL SERVICE VEHICLE TO TRANS STAR, INC., DBA STAR TRANSPORTATION; 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 Ordinance No. 47-2005 be passed. Motion seconded by Councilor Roberts-Burns. Moved by Councilor Ginnings to amend Section 2 of the proposed ordinance by replacing the number of permits from one to three. 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 Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 7c A public hearing was held regarding authorizing a franchise for a taxicab service to Davilla Transportation, Inc., DBA All American Transportation All American Cab. Mayor declared the public hearing open. City Clerk provided information on this request. Claudio Ramirez, Sr., 2013 Elizabeth, informed that their vehicles are currently being parked on Mississippi Street with the exception of some that take them home at night. Councilor Ammons asked how many cabs were permitted as opposed to the number authorized. City Clerk replied that they currently have 12 permitted and have been authorized 17, however, the other cab company has the same situation where they are not permitting the number authorized by Council. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. 581 Item 7d ORDINANCE NO.48 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A FRANCHISE FOR A 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 Ordinance No. 48-2005 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 City Council recessed at 9:40 a.m. and reconvened at 10:00 a.m. Item 7e ORDINANCE NO. 49-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS CALLING FOR A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 10, 2005; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Ammons stepped out of Council Chambers. Moved by Councilor Roberts-Burns that Ordinance No. 49-2005 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 7f ORDINANCE NO. 50 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 103.24 ACRES OF LAND OUT OF BLOCKS 11 AND 12, DENTON COUNTY SCHOOL LANDS, LEAGUE 2, WICHITA COUNTY, FROM SINGLE FAMILY-1 TO SINGLE FAMILY-2 AND AMENDING THE LAND USE PLAN TO REFLECT THE AREA AS LOW DENSITY RESIDENTIAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Ammons returned to Council Chambers. Moved by Councilor Roberts-Burns that Ordinance No. 50-2005 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 582 Item 7g ORDINANCE NO. 51-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 22-27 OF THE CODE OF ORDINANCES; PROVIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 51-2005 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 Item 7h ORDINANCE NO. 52 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 102-153(F) OF THE CODE OF ORDINANCES, PARKING IN SPACES DESIGNATED FOR THE DISABLED IN PRIVATE PARKING LOTS PROHIBITED; 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. 52-2005 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 Item 8a A public hearing was held on the 2005-2009 Public Housing Agency Plan and Administrative Plan. Mayor declared the public hearing open. Mr. Matt Benoit explained the PHA Plan and the Administrative Plan and the proposed changes. We want to make sure people are going to be diligent in finding housing within 90 days. Currently applicants have 90 days to find housing and the clock stops during inspection of the unit and starts again if the unit does not pass inspection. We are recommending to eliminate the section that causes the clock to stop, which will alleviate keeping track of voucher lengths that have stopped and started several times and ensure that applicants are being diligent in their housing search. Mr. Benoit gave the status of the program. Mayor called for additional public comments. There being none, Mayor declared the public meeting closed. 583 Item 8b RESOLUTION NO. 95-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE 2005-2009 PUBLIC HOUSING AGENCY PLAN AND ADMINISTRATIVE PLAN; 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. 95-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: Councilor Ammons Item 8c A public hearing was held approving the proposed Five Year Consolidated Plan and the proposed use of Community Development Block Grant (CDBG) and HOME Program Funds for the One-Year Action Plan. Mayor declared the public hearing open. Mr. Dave Clark provided information on the monies received from the federal government for the 5-Year Consolidated Plan and the proposed use of CDBG and HOME Program funds. BBC Research and Consulting Group from Colorado assisted in the preparation of this Plan, on its content and background. Mr. Tom Pippin with BBC provided information on the Consolidated Plan, requirements, benefits, and process. Mr. Clark itemized how these funds would be distributed. Councilor Ammons commented that they, the Outside Agency, like to help those agencies that help themselves. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8d RESOLUTION NO. 96-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE PROPOSED FIVE-YEAR CONSOLIDATED PLAN AND THE PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAM FUNDS FOR THE ONE-YEAR ACTION PLAN; AUTHORIZING SUBMISSION OF PLANS TO HUD AND EXECUTION OF GRANT AGREEMENTS AND CONTRACTS TO IMPLEMENT THE APPROVED PLAN; 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. 96-2005 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 City Council recessed at 11:05 and reconvened at 11:20. 584 Councilor Ammons was not in Council Chambers. Item 8e RESOLUTION NO. 97-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING FINAL PAYMENT TO DAILEY AND WELLS COMMUNICATIONS FOR THE TWO-WAY RADIO 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 Roberts- Burns that Resolution No. 97-2005 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Councilor Ammons returned to Council Chambers. Item 8f RESOLUTION NO. 98-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF FIFTEEN (15) IN-CAR VIDEO SYSTEMS THROUGH TEXAS BUILDING AND PROCUREMENT COMMISSION PURCHASING COOPERATIVE, FROM MOBILE-VISION, INC., IN THE AMOUNT OF $44,085.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 98-2005 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 8g RESOLUTION NO. 99 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR DEMOLITION OF HAZARDOUS STRUCTURES TO MOTE, INC., IN THE AMOUNT OF $55,572.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 99-2005 be passed. Motion seconded by Councilor Ammons. Peggy Gahagan, Purchasing Agent, informed that A & R Demolition refused to perform the demolition work and staff recommends that this contract be reissued to the next low bidder— Mote, Inc. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore 585 Item 8g continued Nays: None Item 8h RESOLUTION NO. 100-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE 2005 STREET AND PARKING LOT REHABILITATION PROJECT, CWF05-100-24, AND APPROVING CHANGE ORDER NO. 1; 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. 100-2005 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 8i RESOLUTION NO. 101-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING CHANGE ORDER NO. 3 TO THE LAKE KEMP RAW WATER SUPPLY SYSTEM PROJECT, CWF04-544-24, IN THE AMOUNT OF $35,448.54; 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.101-2005 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9a There were no staff reports. Item 9b Councilor Ammons expressed concern about large sums of money being expended for outside legal services dealing with Civil Service for an individual employee. She asked that Council be apprised of this type of expenditures in the future. Interim City Manager replied that Mrs. Betty Lynn is no longer on retainer. In the future we will not be authorizing outside legal help unless there is a conflict. Councilor Norrie asked for the number of days established for the Police Department's workers compensation. Chief Bachman informed that it is one year's time. Interim City Manager stated that after 12 months an evaluation has to be performed and resolution is made from that. Councilor Ammons said she would like to meet with Reuben Warren regarding an animal control issue. 586 Item 9b continued Councilor Gonzalez asked if there was a load limit on neighborhood streets. Interim City Manager replied that it is not enforceable unless we post load limit signs. Chief Bachman agreed with the Interim City Manager. If someone is over the load limit we contact the Department of Public Safety to weigh that vehicle. Councilor Gonzalez said he had received complaints from the residents in Edgecliff Addition. Interim City Manager will look into that situation. Councilor Gonzalez noted that their main concern was for the safety of the children. Councilor Norrie asked about the water meter situation. Interim City Manager replied that the size of the meter determines cost and consumption charges. We are looking into that as we get into our budget season. Mr. Scott Taylor informed that our rate study consultant will prepare a presentation during the budget to inform how rates are set and detail those charges. We do have the highest water rates but we have the second fewest users. There are several issues that go into the water rate survey. We need to be careful when we begin to compare water rates. Councilor Ginnings said he received the information he requested on the water plan and expressed appreciation. It was very informative. Secondly, he asked department heads to include an explanation of any efficiencies utilized their operations in preparing their budget. Councilor Ginnings mentioned the unfortunate shooting of the young girl, and stated that Public Safety is our number one issue and asked the public to support the Police by supplying them with information. He would like to stimulate the public to be more forthcoming. He is not willing to leave our City to the criminals and gangs, and he asked that we come up with a new plan that says, " We are going to take it all back". It will involve an effort to include our Justices of the Peace, District Attorney's Office, and Police Department. He would like to put this issue as one of the top priorities to discuss on a Council public forum. Councilor Elmore hopes that we can create a link between the citizens and the Police Department in regards to providing information on these types of activities. He asked if we had anybody securing citizen information on criminal activities? Chief Bachman replied that Crime Stoppers does that, but he does not have any one individual doing that, however he has pulled one officer to be the "Intelligence Officer". Councilor Elmore asked about the status of the vandalism at the Train Museum. Chief Bachman informed that the investigation is ongoing. Councilor Roberts-Burns informed that they are going to create new goals to get youth activities and get them to help and work with the Police Department. We also need to get our young mothers to work to take our streets back. Mayor commended Chief Bachman for what he is doing without having the appropriate number of staff. Mayor referred to the budget noting that everyone has needs. We have a lot of things we need to do and all those things cost money. Nobody wants taxes to go up but we need to make decisions on how best to spend the money we have. He encouraged citizens to talk to their Council representatives and make suggestions. These are some issues among others we need to look at each year. He encouraged everyone to work in the City and the community, as an example citizens can continue to volunteer to serve on boards and commissions. Mayor thanked and commended the Department Heads for their promptness in which they have provided information requested by Council. Mayor informed that next Monday BRAC would be meeting in San Antonio and asked everyone to support Sheppard Air Force Base. Item 9c 1 City Council went into Executive Session at 1:00 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 1:45 p.m. Mayor announced that no votes were taken during Executive Session. 587 Item 9c(2a) Moved by Councilor Gonzalez to appoint Mr. Dave Lilley to Place 3 and reappoint Mr. Gary Shores, Place 4, to the Wichita Falls Economic Development Corporation, with terms to expire July 31, 2008. Item 9c(2a) continued Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9c(2b) Moved by Councilor Gonzalez to appoint Mr. Robert Seabury to Place 1, and Mr. Alan Donaldson to Place 7, and to reappoint Mr. Warren Ayres, Place 2, and Mr. Leon Mallonee, Place 5, to the 4B Sales Tax Corporation with terms to expire July 31, 2007. 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 9c(2c) No appointments were made to the Board of Electrical Examiners. Item 9c(2d) No appointments were made to the Helen Farabee Regional MHMR Centers Board of Trustees. Item 9c(2e) Mayor Lyne reappointed Mr. Ronnie London, Place 3 to the Housing Authority and appointed Mr. Rodney Martin to Place 1, and Mrs. Jean Halter to Place 2, with all terms expiring July 31, 2007. Council confirmed these appointments. These are Mayoral appointments. Item 9c 2f Moved by Councilor Gonzalez to appoint Mrs. Cindy Cotton to Place 10 to serve as the West Floral Heights Historic District Preservation Liaison on the Landmark Commission. This is a non-voting position. 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 588 Item 9c(2g) Moved by Councilor Gonzalez to appoint Mr. Randle Forcher to the Planning and Zoning Commission Place 11 as Alternate 2, with term to expire December 31, 2005 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 9c(2h) Moved by Councilor Gonzalez to reappoint Mrs. Renae Murphy, Place 1, to the Wichita County/City of Wichita Falls Hospital Board with term will expire July 1, 2007. 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 9c 2i Moved by Councilor Gonzalez to appoint Mr. Bruce Harris, Place 8, as Alternate 3 to the Zoning Board of Adjustments with term to expire December 31, 2006. 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 9c(2i) Moved by Councilor Gonzalez to appoint Mrs. Penny Miller, Place 5, to the Animal Shelter Advisory Committee with term to expire December 31, 2006. 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 9c(2k) Moved by Councilor Ammons to reappoint Mrs. Elizabeth Edwards, Place 1, to the Arts Commission with term to expire July 31, 2007. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Moved by Councilor Norrie to reappoint Mrs. Eleni Moshtaghi, Place 2, to the Arts Commission with term to expire July 31, 2007. Motion seconded by Councilor Ammons and carried by the following vote. 589 Item 9c(2k) continued Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Moved by Councilor Ammons to appoint Mr. Jim Hughes, Place 8, to the Arts Commission with term to expire July 31, 2007. 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 Moved by Councilor Ammons to reappoint Mr. John Vitek, Place 13, to the Arts Commission with term to expire July 31, 2007. 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 Moved by Councilor Ammons to reappoint Mrs. Marsha Warmuth, Place 15, to the Arts Commission with term to expire July 31, 2007. Motion seconded Councilor Norrie and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Moved by Councilor Ammons to reappoint Mr. John Hirschi, Place 16, to the Arts Commission with term to expire July 31, 2007. 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 Moved by Councilor Ammons to appoint Mr. Harley Mills, Place 17, to the Arts Commission with term to expire July 31, 2007. Mr. Mills will be representing the Fire and Police Museum. 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 21 Moved by Councilor Ammons to appoint the following persons to the Commission on Human Needs with term expirations as set out. Mrs. Bobette Clear, Place 1, term expires December 31, 2006 Mr. Anthony Lewis Place 4, term expires December 31, 2005 Mrs. Keesha Cribbs, Place 6, term expires December 31, 2006 Mrs. Sharon Rabon, Place 10, term expires December 31, 2006. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore 590 Item 9c(21) continued Nays: None Item 9c(2n) Moved by Councilor Ammons to appoint Mrs. Dede Chandler, Place 3, and Dr. Richard Sutton, Place 6, to the Library Advisory Board with terms to expire July 31, 2006. 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 Moved by Councilor Ammons to reappoint Ms. Melinda Brinkley, Place 4, and Mrs. Alison Reynolds, Place 5, to the Library Advisory Board with terms to expire July 31, 2008. 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 Moved by Mayor Lyne to appoint Ms. Andrea Williams as the North Texas Regional Library System Assembly Representative and Mrs. Irene Lambert as the Alternate with terms to expire July 31, 2007. 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 9c(2o) Moved by Councilor Ammons to appoint Mr. Rick Hatcher, Place 14, to the Traffic Safety Commission with term to expire December 31, 2006 and Mr. Ryan Matthews to Place 17, representing a non-government owned transportation company having professional drivers operating within the city. Place 17 has no expiration date. 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 City Council adjourned at 2:15 p. m. PASSED AND APPROVED this day of , 2005. LANHAM LYNE MAYOR ATTEST: Lydia Ozuna City Clerk 1 1 1 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, July 5, 2005, 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: Pastor John Carswell Fain Presbyterian Church (b) Pledge Of Allegiance 3. Presentations: (a) Employee of the Month 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. CONSENT AGENDA 6. Receive Minutes: (a) Wichita Falls Economic Development Corp.,January 3, 2005. (b) 4B Sales Tax Corporation, October 14, 2004. (c) Animal Shelter Advisory Committee, January 20, 2005. (d) Landmark Commission, April 27, 2005 City Council Agenda Tuesday, July 5, 2005 Page 2 (e) Wichita Falls-Wichita County Public Health Board, February 25, 2005. (f) Civil Service Commission, May 20, 2005 REGULAR AGENDA 7. Ordinances: (a) Public Hearing Regarding Authorizing A Franchise For A Special Service Vehicle To Trans Star, Inc. DBA Star Transportation. (b) Ordinance Authorizing A Franchise For A Special Service Vehicle To Trans Star, Inc., DBA Star Transportation. (Council Bill #145) (c) Public Hearing To Consider Authorizing A Franchise For A Taxicab Service To Davilla Transportation, Inc., DBA All American Transportation All American Cab. (d) Ordinance Authorizing A Franchise For A Taxicab Service To Davilla Transportation, Inc., DBA All American Transportation All American Cab. (Council Bill #146) (e) Ordinance Calling For A Special Municipal Election To Be Held September 10, 2005. (Council Bill #147) (f) Ordinance Rezoning 103.24 Acres Of Land Out Of Blocks 11 And 12, Denton County School Lands, League 2, Wichita County, From Single Family-1 To Single Family-2, And Amending The Land Use Plan To Reflect The Area As Low Density Residential. (Council Bill #148) (g) Ordinance Amending Section 22-27 Of The Code Of Ordinances, Relating To The Construction Board Of Adjustment And Appeals. (Council Bill #149) (h) Ordinance Amending Section 102-153(F) Of The Code Of Ordinances, Parking In Spaces Designated For The Disabled In Private Parking Lots Prohibited. (Council Bill #150) (i) Ordinance Rezoning 2110 Hiawatha Boulevard From Single Family-1 To Limited Office And Amending The Land Use Plan To Reflect The Lot As Light Commercial. (Council Bill #151) City Council Agenda Tuesday, July 5, 2005 Page 3 8. Resolutions: (a) A Public Hearing On The 2005-2009 Public Housing Agency Plan And Administrative Plan. (b) A Resolution Approving The 2005-2009 Public Housing Agency Plan And Administrative Plan. (Council Bill #152) (c) A Final Public Hearing Approving The Proposed Five- Year Consolidated Plan And The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The One-Year Action Plan; Authorizing Submission Of Plans To HUD And Execution Of Grant Agreements And Contracts To Implement The Approved Plans. (d) A Resolution Approving The Proposed Five-Year Consolidated Plan And The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The One-Year Action Plan; Authorizing Submission Of Plans To HUD And Execution Of Grant Agreements And Contracts To Implement The Approved Plan. (Council Bill #153) (e) A Resolution Authorizing Final Payment To Dailey and Wells Communications For The Two-Way Radio System. (Council Bill #154) (f) Resolution Authorizing The Purchase Of Fifteen (15) In- Car Video Systems, Through Texas Building And Procurement Commission (TBPC) Purchasing Cooperative, In The Amount Of $44,085.00. (Council Bill #155) (g) Resolution Authorizing Award Of Bid For The Demolition Of Hazardous Structures To Mote, Inc., In The Amount Of $55,572.00. (Council Bill #156) (h) Resolution Awarding Bid And Contract For The 2005 Street & Parking Lot Rehabilitation Project, CWF05-100- 24. (Council Bill #157) (i) Resolution Approving Change Order No. 3 For The Lake Kemp Raw Water Supply System Project, CWF04-544- 24. (Council Bill #158) City Council Agenda Tuesday, July 5, 2005 Page 4 9. Other Council Matters: a. Staff/Council Discussion b. Discussion Of Items Of Concern To Members Of The City Council c. Executive Session (1) Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551.074 Of The Texas Government Code. a) Wichita Falls Economic Development Corporation (4A) b) 4B Sales Tax Corporation c) Board Of Electrical Examiners d) Helen Farabee Regional MHMR Centers Board of Trustees e) Housing Authority f) Landmark Commission g) Planning & Zoning Commission h) Wichita Falls-Wichita County Hospital Board g) Zoning Board of Adjustments Open Session (2) Appointments To Boards And Commissions. a) Wichita Falls Economic Development Corporation (4A) b) 4B Sales Tax Corporation c) Board of Electrical Examiners d) Helen Farabee Regional MHMR Center Board of Trustees e) Housing Authority f) Landmark Commission g) Planning & Zoning Commission h) Wichita Falls-Wichita County Hospital Board i) Zoning Board of Adjustments j) Animal Shelter Advisory Committee k) Arts Commission 1) Commission on Human Needs m)Park Board n) Library Advisory Board o) Traffic Safety Commission City Council Agenda Tuesday, July 5, 2005 Page 5 10. 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