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Min 08/02/2005 598 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building August 2, 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: Ray Gonzalez - Mayor Pro Tern Jim Ginnings - Councilors Linda Ammons - Dorothy Roberts-Burns - Michael Norrie - Charles Elmore - Darron Leiker - Interim City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Lanham Lyne - Absent Mayor Pro Tern Gonzalez called the meeting to order. Item 2a Father Scott Wooten, Church of the Good Shepherd, gave the invocation. Item 2b Councilor Roberts-Burns led in the Pledge of Allegiance. Item 3a Mrs. Donna Deatherage, Administrative Assistant in Crime Stoppers, Police Department, was recognized as employee of the month for August 2005. Mayor Pro Tern Gonzalez presented Mrs. Deatherage with a plaque, City pin, check, dinner for two, and Weeks Park Golf Course passes. Item 4 Claudio Ramirez, Jr., 2401 McNeil, requested that Council consider removing the one-hour reservation requirement for special service vehicles. Staff will look into this. Shirelle Bradley, 711 Dallas, informed that she has had on-going problems with Jim Walter's Homes in completing her house. She mentioned that the floors are in bad shape, and although she contacted Jim Walter's Homes, nothing has been done about it. Another issue is that a City inspector approved her house last year, however, last week the same inspector informed her that her house did not meet Code standards. Mr. Dave Clark will look into this and report back to Council. David Brock, 1819 Hines, asked that Council hold a public hearing in order to allow citizens an opportunity to speak on polices that will be set for Lake Wichita encroachments. City Attorney reminded that today's agenda item is just a presentation and no action or decisions will be made today. 599 Item 4 continued Larry Sanner, 5007 Lakeshore, feels that the City has two standards, one for smaller type businesses and another for larger businesses. He referred to the Curb and Gutter Ordinance and suggested that Council consider having the developers put up escrow to put in the streets since the development is what causes additional traffic on these streets. As an example, Gregg Road has deteriorated so much from the streets coming off of it. He asked the Council to be proactive in building roads. He mentioned that the City plans to extend Cypress Street to Lakeshore which will cause more traffic on Lakeshore, and he asked that Council look into that situation. Councilor Ammons stated that she and Mr. Sanner attended the MPO meeting and he had spoken with her regarding this issue. He is suggesting that developers should be made responsible for maintaining boundary streets like Gregg Road, which has a lot of traffic from the internal streets. Interim City Manager informed that the Mayor had talked about appointing a subcommittee to review this Ordinance but did not know what action the Mayor had taken. He will discuss this with the Mayor. Item 5 The Minutes were approved as distributed. Items 6a-6d Interim City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Norrie that the Consent Agenda be approved. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Minutes of the following board and commission meetings were received. a. Wichita Falls MPO Technical Advisory Committee —January 5, 2005 b. Wichita Falls MPO Technical Advisory Committee — February 9, 2005 c. Wichita Falls MPO Technical Advisory Committee —April 6, 2005 d. Planning and Zoning Commission —June 8, 2005 Item 7a A public hearing was held regarding the proposed annexation of approximately 62.4 acres of land in the southwest quadrant of the intersection of Southwest Parkway and Gregg Road. Mayor Pro Tern declared the public hearing open. Mr. Dave Clark informed that at a previous meeting the City Council had accepted a service plan and called for public hearings for this proposed annexation. This is the first of two required public hearings. The property owners have been notified. Mayor Pro Tern called for additional public comments. There being none, Mayor Pro Tern declared the public hearing closed. Item 7b A public hearing was held to consider a request from Doak McDonnell dba Handicap Express to increase the number of handicap vehicles permitted under his franchise. Mayor Pro Tern declared the public hearing open. 600 Item 7b continued City Clerk informed that Mr. Doak McDonnell had submitted a request to increase the number of permits under his franchise from one to two. The Code requires that Council conduct a public hearing to consider if an increase is required for public convenience and necessity. A report from John Burrus, Central Services Superintendent, reflected that there was a need for additional handicap transportation and he recommended an additional special service vehicle/handicap van for Handicap Express. Doak McDonnell, 503 N. Hilltop, Burkburnett, TX, stated that he is not able to serve his clientele with just one van. An additional van will assist in meeting his customer's needs and will also serve as a backup when the first one is out of service. Mayor Pro Tern called for additional public comments. There being none, Mayor Pro Tern declared the public hearing closed. Item 8a ORDINANCE NO. 54-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE NO. 86-2003, GRANTING A FRANCHISE TO DOAK MCDONNELL DBA HANDICAP EXPRESS, TO INCREASE THE NUMBER OF HANDICAP VEHICLES PERMITTED; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Ordinance No.54-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 8b ORDINANCE NO.55-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REAPPOINTING DAN TOMPKINS AS SUBSTITUTE JUDGE OF THE MUNICIPAL COURT FOR A TERM OF TWO YEARS; 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. 55-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 8c Interim City Manager removed this item, which related to the designation of a Tax Increment Financing District, Reinvestment Zone #2. He informed that staff is doing more research on boundary issues. This item will be placed on the August 16, 2005 Council agenda. 601 Item 8d ORDINANCE NO. 56-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM, AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; APPROVING COSTS INCURRED AS REASONABLE AND PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION; 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. 56-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 8e ORDINANCE NO. 57-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE NO. 7-2005 DATED FEBRUARY 15, 2005 TO GRANT ADDITIONAL TIME FOR THE STRUCTURE AT 2007 HARRIET TO BE REHABILITATED; DECLARING AN EMERGENCY; 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. 57-2005 be passed. Motion seconded by Councilor Ammons. Mr. Dave Clark informed that Union Square Federal Credit Union, lien holder, has requested additional time to complete the rehabilitation of this property. It will take a lot of work. Staff recommends a 90-120 day extension. Tom Brumbalow, Union Square representative, informed that the property has been posted for foreclosure, September 6, 2005, and Union Square is asking for additional time to take possession of the property and rehabilitate it. He submitted a copy of a Memorandum of Understanding from Sahara Enterprises, Contractor, to Union Square Credit Union for the remodeling of this property. We cannot do anything until we take possession of the property. Councilor Ginnings expressed an obligation to the neighborhood and said he would like some kind of binding agreement from Union Square that they will rehabilitate the property and give a completion date. Mr. Brumbalow said he would have no problem signing such agreement and assured the Council that the rehabilitation would be completed. Councilor Ginnings said he would accept the proposed ordinance subject to an agreement that would be suitable to the City Attorney. City Attorney suggested that language be put in the ordinance that clarifies that this waiver is contingent upon Union Square executing an agreement to complete the project within the time frame stated in the ordinance and that if they do not, it would result in a liquidated damage penalty of whatever amount on a daily basis. Moved by Councilor Ginnings to amend the proposed ordinance by including the language suggested by the City Attorney as noted first above. 602 Item 8e continued Councilor Elmore was hesitant to put in liquidated damages or demolition costs because Union Square is a reputable lending institution and they have obtained a contractor that is well recognized in the community. Councilor Norrie agreed with Councilor Elmore. Motion failed for lack of a second. Moved by Councilor Ammons to allow Union Square Federal Credit Union an additional 120 days and if they do not complete the rehabilitation within that time frame that they be responsible for the demolition costs. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, and Roberts-Burns Nays: Councilors Norrie and Elmore Main motion as amended carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 8f ORDINANCE NO. 58-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM AS THE CITY OF WICHITA FALLS SYSTEM FOR MANAGING INCIDENTS, EMERGENCIES AND DISASTERS; 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. 58-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 8g ORDINANCE NO. 59 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION (LONE STAR LIBRARIES PROGRAM), MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $8,826, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT; 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. 59-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None 603 Item 8h ORDINANCE NO. 60 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CHISHOLM TRAILS RC&D TO DISPOSE OF ABANDONED SCRAP TIRES; 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. 60-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 9a RESOLUTION NO. 108-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT WITH WICHITA COUNTY TO PROVIDE A VIDEO MAGISTRATING SYSTEM FOR THE CITY'S MUNICIPAL COURT; 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. 108-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m. Item 10a Interim City Manager informed that this was only a staff presentation and if Council needs additional information staff will provide that. We anticipate to bring this back to Council for action, but no action will be taken today. Mr. Dave Clark stated that staff would like to give Council a staff presentation for their consideration. This is based on what we think is a prudent use of City property. We are not trying to eliminate property. We believe that it is prudent for the City to have an agreement or permit when people use City property, in this case Lake Wichita. Over the years this has not been done, however, it is in place at Lake Kickapoo and Lake Arrowhead. We believe it would be prudent to have this in place for Lake Wichita as well, and we are looking for Council's consideration. Slides of Lake Wichita were presented with Ms. Pat Hoffman, Property Manager, outlining the areas of concern. She submitted a written proposal to the Council, a copy of which is attached hereto as Exhibit A. Ms. Hoffman stated that staff wants to bring this to Council's attention and to determine polices and procedures in handling situations at Lake Wichita. Complaints have been received from Lake Wichita residents, mainly on encroachments into the water. She provided information on the situations at Lake Wichita, noting that Staff is looking for Council guidance on how to handle these issues. Some of the items that were noted are as follows: Non-permitted over the water structures; pipes, rods, etc. sticking above the water; drainage and fencing issues. All are 604 Item 10a continued safety and liability issues. She asked if staff should proceed to address the encroachment issues at Lake Wichita as at the other two lakes. Mr. Clark mentioned that currently there are no polices at Lake Wichita. Councilor Ammons expressed concern that lake residents not be penalized since they have not received any notification on encroachments. Ms. Hoffman stated that staff wants to clean up the lakes and use the same procedures as we have on the other lakes. Mr. Clark reassured Council that proposed policies would be presented to Council for review and action. At this time Mayor Pro Tern Gonzalez noted that it was not customary to allow public comment on staff/council discussions, but because of number of interested persons here, he allowed comments from the public. Jeff Howard, 5500 Barnett, presented a video of the west side of Lake Wichita and gave a brief history of this lake. He stated that there is another council and administrator that need to be considered - Lakeside City. He said that the rubble that was seen on the video was from the construction of Barnett Road. He agreed that there are hazards out there that need to be removed and for safety purposes they need to be not only removed from the water but also completely removed. He suggested that a Council subcommittee be appointed, keeping in mind that there are two governing entities involved, City of Wichita Falls and Lakeside City. He noted that most of the development was on the Lakeside City side and the City of Wichita Falls should respect that. Another issue that he said needs to be taken under consideration is the ingress and egress to Lake Wichita since it involves residents property. Larry Sanner, 5007 Lakeshore Drive, stated that some of that property, which has issues, belongs to the City. He felt that Council had lost the aspect of this. Lake Wichita cannot be used because of the lake level; it is a hazard. We would like to see it cleaned up. My land has not changed since 1972. 1 have more land than my deed called for. I think the amount of land is because of poor surveys conducted in the past. If the City takes the initiative to clean up then everyone else will follow. Also, the City needs a boat ramp that can be used at Lake Wichita. You need to do some studies on that because you have two counties involved. He asked how Code Enforcement would be used since part of the property is in another county. Mr. Clark informed that we are not talking about code enforcement it is about the fact that it is City owned property; it is not a code enforcement issue. Don Sheppard, Lakeside City Administrator, 125 Royal Road, Lakeside City, clarified that Lakeside City property owners have front and back survey markers. Lakeside City does not permit anything beyond the back survey markers. He informed that the vehicles in the slides were being used to clean up the area so that we could keep it mowed. We have assumed that responsibility because it has been in litigation for a long time and we want to keep it maintained. We appreciate the City keeping us apprised of what is happening with lake policies. We would like to be able to give input into possible permitting and any policies. He asked the Council to move with caution. We understand it is your lake but some things that have happened out there, like pipes, railroad ties, etc., were put out there by prior tenants that are long gone. There are quite a few people who have made some very extravagant improvements on the back of their yards onto the lake and I do not think that they would be discouraged in having some user fee. But getting to that point, I would suggest you move cautiously and be neighborly. We would like to continue the neighborly relationship that we currently have. Councilor Ginnings asked Mr. Sheppard if at some point we arrived at a mutual agreement .would Lakeside City have some money to put into the effort. Mr. Sheppard stated that they are a small community with limited resources but we could probably help. We would like to have input into the decision making process since it affects about 80 of our homes. We would like to encourage the residents to maintain their property and could probably prevent some possible disputes. Item 10b Councilor Roberts-Burns asked that staff look into the possibility of renaming Eastside Drive to Martin Luther King Center Blvd. Councilor Elmore received email about an individual that pled guilty to child molestation and was given a $750 fine plus 10-year community supervision. The individual pled guilty to multiple offenses with more than one child. Councilor Elmore expressed concern and asked for additional information on this as to what has been done and any other related information. Councilor Ammons commented that it was a County issue, the District Attorney and the judge. 605 Item 10b continued She suggested that the sex offender's name be submitted to Bill O'Reilly, who will put it on national television. Councilor Ammons would like to see a Council subcommittee appointed to look into Lake Wichita issues and that a representative from Lake Side City be appointed. Councilor Ammons mentioned that there is a place at the transfer station to stack old tires and batteries. She was glad this was being utilized. Mayor Pro Tern Gonzalez stated that one of the reasons he ran for office was his belief that all citizens deserve a safe neighborhood in which to live. I know we, the Mayor and Councilors, are all concerned about the rise in gang activity in our community and I would like to see a gang task force formed. In a spirit of cooperation I would like to include the County, the WFISD, a cross- section of citizens (parents, senior citizens, business owners, ministers) churches, youth organizations, Juvenile Justice System, and the Police Department. I think the citizens are better served when different governments, like the City, County and School, work toward one common goal. He directed Interim City Manager to look into coordinating a community Gang Task Force. City Council adjourned at 10:45 a. m. PASSED AND APPROVED this I lO day of 4-- 2005. LANHAM LYN MAYOR ATTEST: Lydia Ozuna City Clerk LAKE WICHTA GUIDELINE RECOMMENDATIONS The following policies are recommended for the administration of 1 \I fs I 1\(; ;t w c[u r (crappie houses and boathouses) located on the surface of Lake Wichita and shall apply to any new structures (crappie houses and boathouses) constructed after implementation of this policy: Permits should be obtained through the office of Property/Lake Administration for any EXISTING structure located upon the waters of Lake Wichita. A one-time permit fee per structure of $100.00 should be assessed. An inspection would be required prior to the issuance of the permit. The permit would be renewable annually upon the completion of an annual inspection and a $100.00 annual inspection fee would be assessed. Permits would be issued if the initial inspection and subsequent inspection reveal that no hazardous or dilapidated conditions exist. A numbered sign would be provided if the permit is approved and permanently affixed to the structure. The permit would be renewable annually provided the structure is up to code and the annual $100.00 inspection fee is paid. Any structure remaining on Lake Wichita at the end of a designated deadline WITHOUT A PERMIT would be subject to removal by the City of Wichita Falls. The following policies are recommended for the administration of I:X I S'l-I N G piers anti clocks located on the surface of the Lake Wichita and shall apply to any new piers or docks constructed after implementation of this policy: Permits should be obtained through the office of Property/Lake Administration for any EXISTING(piers and docks) structure located upon the waters of Lake Wichita. An initial one-time permit fee of $50.00 should be assessed upon application. An inspection would be required prior to the issuance of the permit. The permit would be renewable annually upon the completion of an annual inspection and a $50.00 annual inspection fee would be assessed. Permits would be issued if the initial inspection and subsequent inspection reveal that no hazardous or dilapidated conditions exist. A numbered sign would be provided if the permit is approved and permanently affixed to the structure. The permit would be renewable annually provided the structure is up to code and the annual $50.00 inspection fee is paid. Any encroachments on City-owned property such as fences, storage buildings, houses, boat ramps, retaining walls, boats, vehicles, etc. will not be allowed to stay past the time allotted without entering into an encroachment agreement, etc. as determined by City policy. PROPOSAL FOR LAKE WICHITA ENCROACHMENTS Staff recommends we address the Lake Wichita encroachments using the same procedures and guidelines used for both Lake Arrowhead and Lake Kickapoo. The following is an outline of the process we recommend using. 1. Create a database of all property owners with property adjacent to Lake Wichita in both Archer and Wichita counties. (DOM �; ; »i�nately ;001 2. Perform a more recent inspection from the waterside of the property to determine any new encroachments and or problems. i s —,i c�i i c ,j<�n e m 2000 ) 3. Take resolution to Council for approval. 4. Send letter to Lakeside City officials and all property owners adjacent to the lake explaining what the City of Wichita Falls is trying to accomplish. And asking permission to cross their property. 5. Identify property boundaries. One of the biggest problems we are faced with is determining the original elevation, which in most cases will designate the property owner's boundaries. When the Corps of Engineers lowered Lake Wichita the property lines didn't change but many people began encroaching onto City property and taking in the additional shoreline created by lowering the water level. In order to determine boundaries we will need to send our surveyors out with GPS equipment to identify property lines. This will be simplified if we can get some of the owners to allow us to cross their property. 6. Once problems have been identified, the property owners will be notified by mail and asked to set up an appointment to discuss the encroachments and solutions to the problems. 7. After the initial meeting, another letter will be sent outlining the steps to take and the deadlines for compliance. Permit applications and a list of permitting conditions will be included in this mailing. 8. Letters will be sent again as a courtesy to remind them the deadline has passed and ask them to contact us within a 10-day period. Once the 10 days has expired the City will proceed to remove the encroachments. "EXHIBIT A" 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 2, 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: Father Scott Wooten Church of the Good Shepherd (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 MPO Technical Advisory Committee, 1/5/2005 (b) Wichita Falls MPO Technical Advisory Committee, 2/9/2005 (c) Wichita Falls MPO Technical Advisory Committee, 4/6/2005 (d) Planning & Zoning Commission, 6/8/2005 City Council Agenda Tuesday, August 2, 2005 Page 2 REGULAR AGENDA 7. Public Hearings (a) A Public Hearing Regarding The Proposed Annexation Of Approximately 62.4 Acres Of Land In The Southwest Quadrant Of The Intersection Of Southwest Parkway And Gregg Road. (b) A Public Hearing To Consider A Request From Doak McDonnell Dba Handicap Express To Increase The Number Of Handicap Vehicles Permitted Under His Franchise. 8. Ordinances (a) An Ordinance Amending Ordinance No. 86-2003, Granting A Franchise To Doak McDonnell Dba Handicap Express, To Increase The Number Of Handicap Vehicles Permitted. (Council Bill #166) (b) Ordinance Reappointing Substitute Judge Of The Municipal Court For A Term Of Two Years. (Council Bill #167) (c) Ordinance Designating A Certain Area As A Tax Increment Financing District, Reinvestment Zone #2, Providing Findings Of Fact, And Declaring An Emergency. (Council Bill #168) (d) Ordinance Denying The Request Of Atmos Energy Corp., Mid- Tex Division, For An Annual Gas Reliability Infrastructure Program (GRIP) Rate Increase. (Council Bill #169) (e) Ordinance Amending Ordinance No. 7-2005 Declaring Certain Structures As Dangerous By Allowing Time To Rehabilitate 2007 Harriet. (Council Bill #170) (f) An Ordinance Adopting The National Incident Management System As The City Of Wichita Falls System For Managing Incidents, Emergencies And Disasters. (Council Bill #171) (g) Ordinance Accepting Grant Funds Received From The Texas State Library And Archives Commission (Lone Star Libraries Program), Making An Appropriation In The Special Revenue Fund In The Amount Of $8,826, And Authorizing The City Manager To Execute The Grant Contract. (Council Bill #172) (h) Ordinance Approving An Amendment To The Interlocal Agreement With The Chisholm Trails RC&D To Dispose Of Abandoned Scrap Tires. (Council Bill #173) City Council Agenda Tuesday, August 2, 2005 Page 3 9. Resolutions (a) A Resolution Authorizing The City Manager To Sign An Interlocal Agreement With Wichita County To Provide A Video Magistrating System For The City's Municipal Court. (Council Bill #174) 10. Other Council Matters (a) Staff Council Discussion 1 . Community Development — Presentation and discussion of Lake Wichita Property Encroachments. (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 20 at o'clock (a.m.)(p.m.). City Clerk