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Min 02/03/2009 506 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building February 03, 2009 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 Charles Elmore - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Jim Ginnings - Darron Leiker - City Manager Julia Vasquez - Acting City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Pastor Marlon Willingham, Revealed Prophetic Destiny International, Inc., gave the invocation. Item 2b Councilor Smith led in the Pledge of Allegiance. Item 3 Lt. James Chris Duncan, Fire Department, was recognized as Employee of the Month for February 2009. Mayor presented Lt. Duncan with a plaque, a check, and restaurant certificates. Item 4 Joe Peterson, 3858 W. 5500 South, Roy, Utah, provided information about his stone carving business and gave Council a brochure with samples of his patriotic carvings that he suggested could be used at various locations in the City. Mayor stated that he would provide the brochure to the appropriate City staff. Item 5 Minutes of the January 20, 2009 Council meeting were approved as distributed. 507 Item 6 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 Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Items 6a —6g Minutes of the following boards and commissions were approved. (a) Aviation Advisory Board, May 28, 2008 (b) Aviation Advisory Board, September 18, 2008 (c) Aviation Advisory Board, November 20, 2008 (d) Landmark Commission, October 6, 2008 (e) MPO Technical Advisory Committee, October 8, 2008 (f) Public Health Board, October 24, 2008 (g) WF Economic Development Corporation (4A), December 15, 2008 Item 7 A public hearing was held to receive Citizen input concerning an amendment to the proposed use of Community Development Block Grant (CDBG) Funds in a previously approved Consolidated Plan. Mayor declared the public hearing open. Mr. Dave Clark informed that funds are available for reallocation in the amount of $405,384, which is the un-programmed balance as of September 30, 2008. These funds come from FYE 2007: Un-programmed - $218,988; Code Enforcement - $40,477.67; Administration - $69,200.78; Emergency Repair - $24,790; Non Profit Management Center - $2,694.50; Minor Repair - $26,623; Concrete Crew Job Training - $22,610.36. Mr. Clark listed the items to be funded from this amount. $65,000 for Demolition and Clearance; $7,500 for Environmental Reviews of approximately 22 flood-damaged properties predominately located in the Eastside Addition; $300,000 for waterline replacements along Tulip and Bonner Streets; $21,923.65 for the Minor Repair Program; and $10,961.32 for the Emergency Repair Program. Councilor Ginnings asked if the $69,200.78 for Administration was a part of that $405,384. Mr. Clark replied that it was a part of that source. Councilor Smith asked if the cost of the remaining structures to be demolished was covered. Mr. Clark informed that most are under the FEMA grant and that demolition will begin in approximately 90 days; we will continue to close on those. There are nine properties where owners are deceased and there are no wills or probate. Staff is dealing with multiple people and this must be a voluntary acquisition. They have been working with FEMA to resolve that. It is not a complete target at this point. I do not have a building by building number of what did happen but I hope those funds cover most of this. Councilor Smith asked if he had a plan to consolidate these properties for green space. Mr. Clark informed that Councilor Roberts-Burns has already created a committee that will prepare a plan which will then be submitted to the Council. If we end up owning some blocks we hope that it does not look like an abandoned area but like what is should look like. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. 508 Item 8a ORDINANCE NO. 10-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A GENERAL MUNICIPAL ELECTION TO BE HELD ON MAY 9, 2009, FOR THE PURPOSE OF ELECTING A COUNCILOR AT LARGE, COUNCILOR DISTRICT 1, AND COUNCILOR DISTRICT 2; DESIGNATING ELECTION PRECINCTS; APPOINTING ELECTION OFFICIALS; ESTABLISHING PAY RATES FOR ELECTION WORKERS; PROVIDING FOR NOTICE OF SAID ELECTION; PROVIDING FOR THE USE OF VOTING MACHINES; PROVIDING FOR EARLY VOTING; ESTABLISHING REGULAR BUSINESS HOURS OF THE CITY CLERK'S OFFICE ON TWO DAYS OF EARLY VOTING BY PERSONAL APPEARANCE;.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Ordinance No. 10-2009 be passed. Motion seconded by Councilor Hatcher. City Clerk read the proposed ordinance in Spanish and provided Early Voting and candidate filing information. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8b ORDINANCE NO. 11-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REPEALING ORDINANCE 29-2004, AND ADDING ADDITIONAL DROUGHT CONTINGENCY TRIGGERS; AND 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. 11-2009 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9e was moved up and considered at this time. Item 9e RESOLUTION NO. 20-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING THE 2008 CITY OF WICHITA FALLS WATER CONSERVATION / DROUGHT CONTINGENCY PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLAU"-IQN WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 20-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. 509 Item 9e continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9a RESOLUTION NO. 16-2009 RESOLUTION GRANTING A PRIVATE UTILITY EASEMENT APPROXIMATELY ONE HUNDRED EIGHTY-FOUR SQUARE FEET FOR FUNDAMENTAL CORPORATION DBA TEXAS SPECIALTY HOSPITAL AND GRACE CARE ENTER LOCATED AT 1101 GRACE STREET, WICHITA FALLS, WICHITA COUNTY, TEXAS, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 16-2009 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9b RESOLUTION NO. 17-2009 RESOLUTION TO APPROVE AN AMENDMENT TO THE RENTAL CAR LEASE AGREEMENT BETWEEN THE CITY OF WICHITA FALLS AND THE HERTZ CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 17-2009 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9c RESOLUTION NO. 18-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT TO THE TEX MEX BASEBALL LEAGUE OF WICHITA FALLS FOR EXTENDED RESERVATION PRIVILEGE TO USE OF THE BALL FIELD IN SPUDDER PARK AND WILLIAMS PARK FOR THEIR 2009 ADULT BASEBALL LEAGUE; 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. 18-2009 be passed. Motion seconded by Councilor Elmore and carried by the following vote. 510 Item 9c continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9d RESOLUTION NO. 19-2009 RESOLUTION, OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 FOR THE FY07-08 BUIP WATERMAIN AND WATER VALVE REPLACEMENT PROJECT (CWF08-550-13) OF MINUS $48,075.75; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 19-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 10(a)1 Mr. Dave Clark gave a report on the progress over the last 20 years of the Tax Increment Financing Zone#1 and provided video of the accomplishments of various projects. Mr. Clark also provided a report on development status of the Tax Increment Financing Zone #2 primarily involving Maplewood Avenue - Lawrence Road Drainage Improvements and future projects. Copies of theses reports are on file in the City Clerk's Office. Mr. Clark will provide these reports to the Wichita Falls Independent School District and Wichita County. Mr. Clark noted that in the future they will be looking at a Tax Increment Financing Zone#3 in the eastern part of the City; as well as a Tax Increment Financing Zone#4 for downtown. Councilor Elmore would like to have them consider a Tax Increment Finance Zone#5 in the north side of the City. City Council recessed at 9:30 a.m. and reconvened at 9:50 a.m. Item 10(a)2 Mayor Lyne informed that he had distributed two proposed measures to the Council for discussion today and possible future Council agenda items to be placed on the May 9, 2009 City ballot, relating to Sections 39 and 21 of the City Charter to read as follows. Measure No. 1. That Section 39 of the City Charter shall be amended to read as follows: "Sec. 39. Initiative. The electors shall have power at their option to propose ordinances and resolutions, including ordinances granting franchises and privileges, and to adopt the same at the poles, such power being known as the initiative. The power of initiative and 511 Item 10(a)2 continued referendum reserved herein shall not extend to specific items contained in the operating or capital budgets of the City, appropriations already made, the levy of taxes or the individual salaries of officials or employees. The petition meeting the requirements hereinafter provided and requesting the city council to pass an ordinance or resolution therein set forth shall be termed an initiative petition and shall be acted upon as hereinafter provided. The term "measure" as used in this Charter shall include the terms "ordinance" and "resolution." Councilor Barham asked for if this change would stop employee groups from having pay raise referendums. Mayor replied that it would be one thing. Mayor commented that Council is given the task of managing a budget each year and the City Manager proposes one. Council decides how to spend it as well as whether to make any modifications. I think it is our job, and we are having this discussion to decide whether to put it on the ballot. Councilor Ginnings said that was his opinion also and that is the approach this is taking. We are the ones elected to do what the Mayor stated and I ditto what he just said. Mayor thought that the danger was that you can pass a salary increase, which is good, but unless you pass an appropriate tax increase it makes it very difficult and it comes down to the Council, whether they cut programs or raise taxes. It is an overall look. Councilor Barham respectfully disagreed. He said that Council knows his background; we are going to have to agree to disagree; he does not have a problem with the Mayor's stance on this. Mayor explained that this was a discussion item only and it would come back to the Council as an ordinance if there is enough interest to put it on there and we can debate it again; we may want to look at it harder or decide to place it on the ballot. Councilor Barham asked that since this is a Charter amendment if it would go to a vote of the people. Mayor Lyne replied in the affirmative; anything that has to do with the Charter would have to be on the ballot to be voted in or out. Councilor Ginnings added that state law reserves the rights of initiative to public safety people that this would not override; they remain a specialized category and do not have to fear that. Mayor asked for additional discussion. There was none. Measure No. 2. That Section 21 of the City Charter amended to read as follows: "Sec. 21. Election By Plurality A candidate at an election for the place on the Council or for Mayor who shall receive the highest vote for which he is a candidate shall be declared elected to such office. If by reason of their having received the same number of votes, it cannot be determined which of the two or more candidates have been elected, a decision between them shall be made in their presence by lot under the direction of the City Clerk." Mayor explained that this would take the Charter back to where it was prior to the last election; it would take it back to no runoffs. Mayor commented that unfortunately for City elections, if we had large turn outs it would make sense to me but we do not. That is unfortunate. The cost to put on runoffs is extremely high, time wise, personnel wise, and otherwise. Councilor Ginnings agreed with Mayor Lyne and unfortunately the long history of apathy is endemic. It is not just a one time event it is the way we live and act. I agree with what the Mayor said. Councilor Elmore stated that he is in agreement with plurality and was all along, for several reasons not the least of which is that we don't have any voter turn out. Mayor asked for additional discussion. There was none. 512 Item 10b Councilor Roberts-Burns asked staff to look into Code violations at the house on Harlan and Tulsa Streets. Councilor Elmore wished Mr. Powell Burns a speedy recovery. Councilor Elmore has had citizens continue to call him about the green roll-out carts. One concern was that service is not provided on weeks that we have holidays. He asked how many days the yard waste pick up is moved because of holidays. The concern was that the $3 is still charged even if pick up is not provided. He is not adverse to the $3 a month but he is concerned about the way District 5 residents feel in regard to this particular charge for picking up the yard waste that we are going to wind up using as compost. I do not know how to deal with this but there is a feeling within the community that this was a mistake. He would like for Council to look at this again. City Manager informed that we have seven holidays so it is seven weeks out of 52 weeks that the yard waste pick up is moved, however we are still picking up the same volume out of those yard waste containers. Councilor Elmore mentioned the information they received on Hawk Ridge Golf Course on why it would not be in the best interest for the City to purchase that as an additional golf course for the City. He respectfully disagrees and thinks it would be very beneficial to the City. He questioned why we don't need more golf courses in the City? We spent a large amount of money on Weeks Park Golf Course and it is still not in the green. If it costs us some additional funds to provide a municipal course in the north part of town, we could use the same management on both courses. I would like for us to pursue that possibly as far as acquiring that property if not as a golf course, as an additional park. Councilor Elmore stated that he read a letter to the Editor from a man who was concerned about things going on in the City and he indicated that the Pullman car from Burkburnett had been offered to the City many years ago and it was refused. I have heard about other things that had been offered to the City and we declined. I would like to see us take some of these things. It disturbs me when we have had something of significant value to the community offered to us and we have refused it. Councilor Elmore mentioned the horses that had been destroyed and stated that he thought the Mane Event was one of the most significant activities we have had here in Wichita Falls since he has been here. There were 45 pieces of art work placed throughout our community; two of them have been destroyed by vandals and I would like to see those people in jail. It infuriates me when I see something that we have done here to provide something of beauty and significance to the community and somebody comes along and destroys it. Along those lines, there was a 16 inch red oak in Lynwood Park that was cut down this weekend and drug off. I cannot conceive of the mental process people go through that they just want to destroy things. If you have any idea who did any of this, please call Crime Stoppers or the police. This is unacceptable behavior of someone in our community. We try to do things for the beautification of this community and someone comes along and destroys it. I love the City of Wichita Falls and am proud of the beautiful things we have provided and when it is defaced or destroyed it leaves me speechless. Councilor Barham congratulated Chief Foster and Lt. Chris Duncan for being recognized as Employee of the Month. Lt. Duncan is very deserving. He also congratulated Bob Sullivan and his nephew for a great job in the Super Bowl commercial; it was very well done. Councilor Barham referred to the Graffiti Ordinance stating that he received several complaints from citizens who felt they were forced to remove it and they are being victimized twice. I am still in support of that ordinance. We had very lengthy discussions when that ordinance was brought up and there was dissension in the Council but we all came to agreement and voted in favor of it. I remain in favor of that ordinance; I just want to make certain that if folks have financial problems with it that we are going to work with them and allow them to pay it out if they have to. Councilor Barham asked the Police Chief to let his officers know that in the 900 Block of 10th Street they are still having skateboarding problems. 513 Item 10b continued Councilor Hatcher commented that he was looking forward to getting Fire Station 8 going; He knows it is going to happen soon; it is close. Councilor Hatcher asked the Colonial Park residents to hang in there on the drainage project. He wants to see that done and he knows there are a lot of people unhappy about it I know our budget for mill and overly is very limited but I would like to see when possible about doing a complete overlay of Nassau, Granada and Haiti Streets when we can afford it and as soon as possible Councilor Hatcher commented that Code Red went off last night and one of his employees was called at 2:30 a.m. then again at 4:30 a.m. to inform that it was over. Mayor Lyne stated that we only contact those residents that it affects. Chief Bachman explained the Code Red situation and noted that he received two positive calls from neighbors saying they liked it. Councilor Hatcher mentioned the Harlem Globetrotters basketball game and stated that he saw Mayor Lyne miss a couple of basketball shots at the game last night. Mayor explained his reasons, like he was fouled, had a rotator cuff, etc. Councilor Hatcher stated that he appreciates everybody that works for this City and what they do. I support the City Manager in his efforts and the department heads in all they do to try to save money where they can and stretch the dollars. I appreciate prior councils in their attempts and successes mostly to run things and be forward thinking. We have to deal with the here and now but as we went through our strategic planning recently we have to think from time to time 20, 30, 40 years down the road and I don't think there is anything wrong with doing that. I appreciate those that have come before us and know that everybody that has really sat up here does have the City's best interest at heart and always try to do what is right. Of course hindsight is sometimes twenty-twenty. Councilor Ginnings mentioned several commendations/accolades received from citizens to our staff, Lou Franklin and Susan Morris in the Health Department and staff in the water line repair department. We don't always get those kinds of letters and that was very good and they deserved every bit of that. Councilor Ginnings asked for a very brief report on what has been done on the complaint brought to Council by Cynthia Laney. Mayor Lyne informed that they met yesterday and it is a work in progress. Councilor Ginnings had a discussion after a board meeting with a local developer regarding urban sprawl. When we are looking forward and ahead at potential development, mainly residential, and development around the periphery of the City, then we have to extend water and sewer and build fire stations, schools, etc. We like to see those things but when we are not growing as a City we are leaving the core of the City behind and it is deteriorating. For some time we have been trying to do something about that but it is very difficult. We have schools closed and houses deteriorating and being taken down. He asked for staff input and discussion on how we might address this or at least create ideas to bring forth. I am not anti-development but I think this is a component of city management that has to be addressed. Better to address it before it gets so bad we cannot deal with it. Hopefully we can have some input into Council. Councilor Ginnings said he had read some time ago that some under developed countries had begun to experiment with some micro-enterprises zones and micro enterprise loans and encouragement to people who had no way of making a living. I had a call from a responsible citizen and he started talking about micro loans and micro enterprise things. So you begin to think about that and wonder where that money comes from. It generally has to come from private foundations or taxpayers. With the vast experience of our staff I would ask that if they have had any experience with micro enterprise that they comment where they got the money, how you monitor them along, and the success of your experience. Councilor Ginnings mentioned the release of prisoners from the Allred Prison and asked if there was any federal or state funding available for work programs that we might sponsor and incorporate to retrain and bring them into society in a productive way. 514 Item 10b continued Councilor Ginnings informed that we have initiated a legislative effort to broaden the 4B funds that would help us with our infrastructure. Given that we have a membership in TML, he asked Council if they would want to investigate a lobbyist to push that along and help us with that. I would like for Council to think about that. City Manager stated that he felt it would be helpful to begin with a resolution from the Council to show them in Austin that you are united in pushing that effort. This is a step that we have not done. We will prepare a resolution in support of that for next Council agenda. City Manager informed that a bill has been filed by Representative Farabee. Councilor Smith welcomed Acting City Attorney Julia Vasquez, as this was her first Council meeting to sit in that position. Councilor Smith echoed some comments he heard and he fully supports the City Manager and staff. These past couple of weeks we have taken a flurry of letters to the editor and some other places on somewhat controversial items. He asked citizens to always check those things out and verify what is being said. We will take our lumps when we need to but sometimes it is hard to be abused for things that we really did not do and things that may need to have been decided based on the information that we were brought. He expressed appreciation to the City Manager and the City Staff. Councilor Smith mentioned that recently we completed a two day strategic planning process with City Staff. It was an excellent opportunity for your elected officials to come together with City Staff to talk about the future, talk about visions, dreams and things we have to have but those other things that would be nice to have. That process will be continuing; it is a process that allows elected officials and city staff to talk about all of these needs but then prioritize those needs. The process is something I would ask everyone to be aware of. There will be information coming from the City Manager's office that tells the results of the strategic planning process. We had some visitors and maybe in the future we can have more visitors and participation as we actually do that. Be looking for what the results were and what we are looking forward for the City of Wichita Falls and its citizens in the future Councilor Smith informed that the Mayor will hold a town hall meeting February 10 at 7 p.m. at Crockett Elementary School. Everyone is invited to attend. It will be in the cafetorium. Mayor Lyne informed that we did have some proposals during the planning retreat about the green cans and some other alternatives to do that; we can always look at new items. Mayor Lyne reminded everyone that the main push behind the graffiti ordinance is that most of the graffiti is gang related, although some is vandalism. We are working hard to keep gang activity down in our community. He met with some one from Faith Mission who told him about a past VC gang member who, because of this ordinance, has turned his life around. He got harassed enough where it was not worth it to him and he made major changes in his life. That can make a big difference when that happens. We will work with you but we are doing this for your safety and long run; it will take time and will not happen over night. Stick with us on that and you will have a safer community. Mayor stated that we do have a lot of positive things going on and he hopes that people don't get too wrapped up in the comments that are made. It is easy to be a naysayer but it is hard to be a changer. If you have solutions, come with the solutions. If you have questions or problems we can try to figure them out together and if we don't have a solution we can kick it around until we find one. Sometimes we will have solutions sometimes we won't and sometimes we will be able to do something, sometimes we won't. The collective body of the citizens of Wichita Falls is smarter than any one of us alone. That is where great ideas come from. Councilor Hatcher asked Mayor Lyne to tell us about the Harlem Globetrotter basketball game. Mayor Lyne stated that it was a great night and it was a lot of fun. For a guy who is a basketball nut growing up watching the Globetrotters as a kid, it was a great deal and a dream come true to be out on the floor playing with the Globetrotters; it was pretty significant. 515 Item 10b continued Mayor Lyne stated that he explained to his wife the history of the Globetrotters and how they survived living in Harlem, New York and the positive impact they have had and continue to have in the lives of many throughout the world. Mayor Lyne had the opportunity to go to the original Harlem in The Netherlands; that part of New York was named for that. It is quite old and it goes back to 1200 A.D. and that is history. To see the changes being made now by the Globetrotters is very significant. They have changed lives around the world as well as the life of the man who started that organization. We should be grateful for bold initiatives like that; it is men who decided they could do something better. That is why we all sit up here and I think that is why you come to work everyday. Mayor Lyne referred to Councilor Elmore's comments about the things that had been offered to the City and refuses; and Mayor Lyne would like to check into that. Councilor Elmore explained that he wants to make sure that if anything like that happens in the future that we are receptive. Item 11 a Moved by Councilor Hatcher to appoint Mr. Stephen Garner to the Park Board, Place 8, with term to expire December 31, 2011. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Moved by Councilor Ginnings to appoint Mr. Stephen Priester to the Park Board, Place 11, with term to expire December 31, 2010. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 11 b Moved by Councilor Hatcher to appoint Mr. Tom Ostovich to the Traffic Safety Commission, Place 12, with term to expire December 31, 2009. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 11 c Moved by Councilor Smith to appoint Mr. Mike McBurnett to the Water Resources Commission, Place 5, with term to expire December 31, 2009. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 516 City Council adjourned at 10:40 a.m. PASSED AND APPROVED this day of �-j 2009. 0 MAYOR ATTEST: L d Ozuna Ci y lerk 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, February 3, 2009 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1 . Call To Order 2. (a) Invocation: Marlon Willingham, Pastor Revealed Prophetic Destiny International, Inc. (b) Pledge Of Allegiance 3. Presentation: Employee of the Month - Fire Dept. -James Chris Duncan 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 Of January 20, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Aviation Advisory Board, May 28, 2008 (b) Aviation Advisory Board, September 18, 2008 (c) Aviation Advisory Board, November 20, 2008 (d) Landmark Commission, October 6, 2008 (e) MPO Technical Advisory Committee, October 8, 2008 (f) Public Health Board, October 24, 2008 (g) WF Economic Development Corp. (4A), December 15, 2008 City Council Agenda Tuesday, February 3, 2009 Page 2 REGULAR AGENDA 7. Public Hearing To Receive Citizen Input Concerning An Amendment To The Proposed Use Of Community Development Block Grant (CDBG) Funds In A Previously-Approved Consolidated Plan 8. Ordinances (a) An Ordinance Authorizing A General Municipal Election To Be Held on May 9, 2009, For The Purpose of Electing a Councilor At Large, Councilor District 1, And Councilor District 2 (Council Bill # 26) (b) An Ordinance Repealing Ordinance 29-2004, and Adding Drought Contingency Triggers (Council Bill # 27) 9. Resolutions (a) Resolution Granting A Private Utility Easement For Fundamental Corporation dba Texas Specialty Hospital and Grace Care Center Located At 1101 Grace Street (Council Bill # 28) (b) Resolution To Approve An Amendment To The Rental Car Lease Agreement Between The City Of Wichita Falls And The Hertz Corporation (Council Bill # 29) (c) Resolution Authorizing The City Manager To Execute A License Agreement To The Tex Mex Baseball League Of Wichita Falls For Extended Reservation Privilege at Spudder Park And Williams Park For Their 2009 Adult Baseball League. (Council Bill # 30) (d) Resolution To Approve Change Order No. 1 For The BUIP Watermain And Water Valve Replacement Project Of Minus $48,075.75 (Council Bill # 31) (e) Resolution To Adopt The City Of Wichita Falls Water Conservation / Drought Contingency Plan (Council Bill # 32) 10. Other Council Matters (a) Staff Council Discussion 1 . Staff Report On TIF #1 and #2 2. Council Discussion On Possible Charter Amendments City Council Agenda Tuesday, February 3, 2009 Page 3 (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Select Appointments To The Following Boards And Commissions: (a) Park Board (b) Traffic Safety Commission (c) Water Resources Commission 12. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. 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 , 2009 at o'clock (a.m.)(p.m.). City Clerk