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Min 02/17/2009 517 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building February 17, 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 Dr. Bob McCartney, Pastor, First Baptist Church, gave the invocation. Item 2b Councilor Barham led in the Pledge of Allegiance. Item 3 Kathie Forehand, Habitat for Humanity, 1206 Lamar, reported that Habitat for Humanity Partner Family Homeowners paid $59,773.48 in City and School taxes in 2008. We value our partnership with the City of Wichita Falls very much. CDBG funds are instrumental to our success. Our program is a two-way street once we provide affordable houses to these families they do being to pay taxes. We have 71 partner families in our program. Jennie Arredondo, 1621 Elizabeth Avenue #C, is an avid transit rider and expressed concern on the deviation routes, in particular for handicap and elderly patrons. This pertains to clinics, doctors' offices, physical therapy and hospital drop off and pick up. She has expressed these concerns to the Traffic Transportation Administrator. She noted that they have letters from the North Texas Rehab Center and Orthopedic Clinic and verbal authorization from the Clinics of North Texas that City buses are permitted to drop off and pick up elderly and handicap patrons/patients. She asked Council to permit City buses to enter properties to drop off elderly and handicap patrons, and that they be able to flag a bus to have shelter from the weather elements. City Manager will discuss this with staff and report back to Council. Phillip and Barbara Pool, 6071 Kiel Lane, explained their flooding situation from the 2008 flood and that they had 61.9% damage. Mr. Pool stated that they could not afford to cover the 25% that FEMA does not cover and asked the City for assistance. Mayor stated that various groups are involved in discussing this and we will get back with Mr. and Mrs. Pool. 518 Item 3 continued ' Mary Ann Tittsworth, 2810 Barrywood, expressed appreciation to the Council for all they do. It is time for a focus prayer effort for our City and for our Nation. Those of us who call on the Almighty need to be reminded that, instead, of wringing our hands, we have resources. There are numbers of people who pray for you daily. She handed out prayer guides to the Council. Smith Walker, 2107 Berkeley, manages property at 700 8th Street, and MT Cafe has relocated at the old Coney Island location. They were authorized to place a barbeque grill in the alley with certain restrictions; however, after some time, were told they needed to obtain Council approval for this. Community Development staff will look into this and get back with Mr. Walker. Item 4 Minutes of the February 03, 2009 Council meeting were approved as distributed. Item 5 City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns that the Consent Agenda be approved. 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 5a RESOLUTION NO. 21-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A MOTOR GRADER TO ROMCO EQUIPMENT IN THE AMOUNT OF $148,918.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 5b RESOLUTION NO. 22-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE CONSTRUCTION OF 5,000 LINEAR FEET OF 8-FOOT CHAIN LINK FENCE TO THE ANCHOR GROUP, INC., IN THE AMOUNT OF $76,140; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Items 6a —6f Minutes of the following boards and commissions were approved. (a) Library Advisory Board, September 23, 2008 (b) Library Advisory Board, November 25, 2008 (c) MPO Technical Advisory Committee, July 9, 2008 (d) MPO Transportation Policy Committee, October 22, 2008 (e) Traffic Safety Commission, November 5, 2008 (f) Park Board, December 11, 2008 519 Item 7 A public hearing was held regarding a proposed amendment to the existing Tax Increment Financing District, Reinvestment Zone #2, Project and Financial Plan originally established in August 2005. Mayor declared the public hearing open. Mr. Dave Clark presented information on the TIF #2 noting that this area has been moving quite well. Proposed changes to the Plan constitute an update of the actual and future projected costs for public infrastructure improvements. The only change in scope is to acknowledge the possibility of connecting Avenue V westward to a newly constructed Wenonah. Mr. Clark reviewed the TIF #2 Development Status for 2008 providing the Increment Revenue and Construction Costs Financial Plan projections and the actual on each. He also reviewed the Current Funding Status on Future Projects, the Financial Plan Projection and 2008 Estimates, Councilor Ginnings asked if the $6,739,812 included the whole package of amendments you are proposing. Mr. Clark replied that it did not; we are only acknowledging what costs have been committed or spent. That is the actual cost to date of all the improvements that are under contract. Councilor Ginnings asked for a grand total. Mr. Clark replied that it was roughly $7 million. City Manager clarified that they are only asking for permission to put these projects on the plan not to do them, which would allow us to come back to Council when development is eminent. Councilor Ginnings asked for a break down on the funding sources. Mr. Clark informed that current source funding is $6.2 million committed to date. As TIF comes in it is repaying 4B Fund, and it is coming in faster than projected. The rest is coming out of Storm Water Funds. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7b ORDINANCE NO. 12-2009 ORDW A_1 OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE PROJECT AND FINANCIAL PLAN FOR TAX INCREMENT FINANCING DISTRICT REINVESTMENT ZONE #2; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS pM WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Ordinance No. 12-2009 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 8a A second 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. 520 Item 8a continued Mr. Dave Clark informed that this is the second public hearing to consider the use of CDBG funds. We are proposing that $405,384.97 be reallocated to provide $65,000 for Demolition and Clearance and $7,500 for Environmental Reviews of approximately 22 flood-damaged properties predominately located in the Eastside Addition; $300,000 for waterline replacement along Tulip and Bonner Streets; $21,923.65 for the Minor Repair Program; and $10,961.32 for the Emergency Repair Program. Councilor Elmore asked if these funds could be used to assist Mr. and Mrs. Pool on Kiel Road with their flooding problem. Mr. Clark replied that it could not. This is block grant money and when it comes to acquisition it is a whole other world, regarding relocation, but there is another program. We can submit an application to FEMA, which is considered an emergency application to assist the Pools with their request of 75-25. The challenge is on the 26 because it is quite expensive property. When you use CDBG for acquisition of people's homes it kicks in a lot more costs. Councilor Smith asked if this is basically only for the 2007 flooding. Mr. Clark stated that it was. Councilor Smith stated that we can look at some other assistance for the Pools but not through CDBG funds. Mr. Clark agreed. Councilor Smith would like for staff to pursue that assistance for the Pools. Mr. Clark added that they have completed the acquisition of several properties under the FEMA Program and have done some asbestos studies, and expect demolition fairly soon. We have come across some people who do not want to sell to us; this is a voluntary circumstance. The biggest challenge is that we have nine properties where people have died and there are no probates or wills; his staff is working on that. Councilor Ginnings asked if any of the program, where property has been acquired or have consented to demolition, is impeded by the ones that wish to sell? Mr. Clark replied that they are all individual; we are closing on those that wish to sell. FEMA has advised us that from their history when people start seeing demolition around them they begin to get interested in selling. Councilor Ginnings asked that beyond the individuality is there a boarder community interest that becomes at risk or disadvantage if these remain. Mr. Clark replied that we are allocating block grant funds to demolish buildings that are not a part of that program that need to go. There are buildings that are sitting there that need to be torn done and we will pursue demolition on a lot of them. Councilor Ginnings asked if there would be a valid community reason to pursue condemnation. Mr. Clark replied in the affirmative and added that we have a Community Association that is meeting in two weeks that is looking at the future plan for the area and looking at how the property could be used and what would be the best things to promote for the development of the area. Councilor Elmore asked if we received anything from FEMA on this year's flood. Mr. Clark replied that we would not. City Manager added that the difference was that it was not a federally declared disaster; there was a dollar threshold that was not met. Councilor Smith asked if there is anything in the new Stimulus Package that would help us with either the 2007 or 2008 flood rehabilitation. Mr. Clark state that it is a challenge but he has instructed his staff to look at what money is out there that we can go after. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8b RESOLUTION NO. 23-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AMENDMENTS TO THE PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 521 `Item 8b continued FUNDS IN A PREVIOUSLY APPROVED CONSOLIDATED PLAN REGARDING DEMOLITION, CLEARANCE AND ENVIRONMENTAL REVIEWS OF FLOOD-DAMAGED HOMES, WATERLINE REPLACEMENTS, AND EMERGENCY AND MINOR REPAIR PROGRAMS; 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. 23-2009 be passed. 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 9a ORDINANCE NO. 13-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) GRANT FUNDING IN THE AMOUNT OF $61,000 RECEIVED FROM TARRANT COUNTY, TEXAS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Ordinance No. 13-2009 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 9b ORDINANCE NO. 14-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR PART C GRANT FUNDING IN THE AMOUNT OF $42,446 RECEIVED FROM TARRANT COUNTY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Ordinance No. 14 -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 522 Item 9c ORDINANCE NO. 15-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REPEALING ORDINANCE NO. 11-2009 AND AMENDING SECTION 106-186 OF THE WICHITA FALLS CODE OF ORDINANCES BY ADDING ADDITIONAL DROUGHT CONTINGENCY TRIGGERS; 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 15-2009 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 City Council recessed at 9:30 a.m. and reconvened at 9:55 a.m. Item 9d ORDINANCE NO. 16-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE 10-2009, AUTHORIZING A GENERAL-SPECIAL MUNICIPAL ELECTION, IN LIEU OF THE PREVIOUSLY-CALLED GENERAL MUNICIPAL ELECTION, BE HELD ON MAY 9, 2009, IN ORDER THAT PROPOSED AMENDMENTS TO THE CITY CHARTER MAY BE SUBMITTED TO THE VOTERS DURING SAID ELECTION; FURTHER, SETTING FORTH THE PROPOSED AMENDMENTS AND PRESCRIBING THE FORM OF THE PROPOSITIONS; 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. 16 -2009 be passed. Motion seconded by Councilor Hatcher. Council expressed their reasons for or against Proposition 1. Moved by Councilor Barham that Proposition 1 be removed from this proposed ordinance. Motion seconded by Councilor Roberts-Burns and failed by the following vote. Ayes: Councilors Barham, Smith, Roberts-Burns Nays: Mayor Lyne, Councilors Hatcher, Ginnings and Elmore Proposition No. 1 will remain on the May 9, 2009 City ballot. Proposition 2 was discussed and Council gave their opinions pro and con. Moved by Councilor Roberts-Burns to remove Proposition 2 from this proposed ordinance. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Councilors Barham, Smith, Roberts-Burns, and Elmore 523 Item 9d continued Nays: Mayor Lyne, Councilors Hatcher, and Ginnings Proposition 2 was removed from the proposed ordinance. Proposition 3 was addressed by the Mayor stating that it was difficult for Council to assess the City Clerk since they are not here on a daily basis. Moved by Councilor Barham that Proposition 3 remain on the ballot. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Proposition 3 will remain on the May 9, 2009 City ballot. Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Propositions 1 and 3 will be on the May 9, 2009 City ballot City Council recessed at 10:50 a.m. and reconvened at 11:05 a.m. Item 10a RESOLUTION NO. 24-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, RESOLUTION EXPRESSING SUPPORT FOR HOUSE BILL 604; 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. 24-2009 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 10b City Manager removed this item regarding Change Order Number 1 for the Cypress Water Treatment Plant 20" Brine Discharge Pipeline Project. Additional information has been received and needs to be reviewed. Item 10c RESOLUTION NO. 25-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE FOURTH PRESSURE PLANE WATER DISTRIBUTION IMPROVEMENTS PROJECT (CWF08-544-19); FINDING AND DETERMINING THAT THE 524 Item 10c continued MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 25-2009 be passed. 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 10d RESOLUTION NO. 26-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE PUMP REHABILITATION AT LAKE KICKAPOO PROJECT CWF09-550-01; 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. 26-2009 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 10e RESOLUTION NO. 27-2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT TO TANK PRO FOR THE REILLY ROAD ELEVATED WATER STORAGE TANK PROJECT CWF09-550-02; 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. 27-2009 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 1Of RESOLUTION NO. 28-2009 A RESOLUTION OF THE CITY OF WICHITA FALLS, TEXAS, ENDORSING CERTAIN LEGISLATIVE CHANGES TO ENHANCE THE COMPETITIVE ELECTRIC MARKET SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC. Moved by Councilor Barham that Resolution No. 28-2009 be passed. 525 Item 10f continued Motion seconded by Councilor Roberts-Burns. Councilor Elmore asked Finance Director Jim Dockery to give an explanation in market uses. Mr. Dockery explained that there is always a balancing of supply and demand in terms of electricity generation. The demand has to be controlled on a daily basis on the amount of generation that is coming out of the generating plants and on the demand of the amount of electricity the people are using. Basically, small generators can dictate what others are paying and get through this loop hole because they are not subject to monitoring or review of their prices. Mr. Dockery explained the five legislative packages that CAPP recommends that the City endorse to send on to the representatives. Councilor Ginnings asked about the 20% proposal to limit, and if we are a member on the CAPP Board. Mr. Dockery replied that one of the proposals is to limit power to 20%; we have representatives that go on our behalf but do not have voting powers. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 11 a Health Director Lou Franklin reviewed the proposed feral cat ordinance. In May 2008 Council asked the Health Department to make revisions to Chapter 14 of the Code of Ordinances to allow for feral cat colonies. She reviewed the major revisions to Chapter 14. Council has a memo listing the proposed revisions in their entirety. Terry Russell, 5411 Starwood, Founder of Ms. Fannie's Feline Friends, gave her opinions/concerns regarding the proposed revisions. She asked Council to reconsider the annual requirement be changed to every three years, as well as reconsider the permit fee. Health Director asked for Council direction on the proposed revisions prior to March 3 Council meeting. Item 11 b Councilor Smith thanked Health Director and her staff for working on the feral cat ordinance. Councilor Smith commented that we have several neighborhood associations and he praised them for their work and encouraged other neighborhood associations. They come together to enhance the quality of life in their neighborhoods. He thanked and stated that they could be used as a model. He mentioned the various neighborhood associations—Tanglewood, Wichita Gardens, West Floral Heights, and Morning Side Neighborhood Associations. Most began with Neighborhood Watch Programs. If you are interested in forming one of these groups call me; and Dave Clark can direct you to the officers of these groups. Councilor Smith informed that recently Dave Clark headed up a museum consortium and this is one thing that people can do. We also have the Visitor's Guide that details all the activities here; there is plenty to do here in Wichita Falls. He mentioned the various groups that will get together in the fall to celebrate Museum Day. There will be a lot of activities. Be looking for more information on this activity. 526 Item 11 b continued Councilor Smith mentioned some information they received from the City Manager about a concern expressed about recycling from several groups at a previous Council meeting. He encouraged citizens to look on our city website to give their opinion on a recycling poll as to what amount of money you would like to pay to have a curb side recycling program. He noted that out of 894 responses, 439 do not want to do this at an additional cost. Councilor Smith informed that we have a new Emergency Preparedness Coordinator- John Henderson, who had been working in the Risk Management Division. He welcomed and congratulated him. Councilor Ginnings mentioned state recognition on the City's Annual Report - Best of Texas Silver for 2009. Also, the Multi- Unit Crime Prevention Training is now attracting people from other cities and that speaks to the quality of that program and may be a first for the region and possibly the state. Councilor Ginnings mentioned that the third gang injunction prosecution has passed the 3rd Appellate level, and one has been written up; that is a landmark. He commended our Legal Staff and the District .Attorney's Office. Councilor Ginnings asked the Acting City Attorney to pass out the document that represents a modest tweaking of a Park ordinance that pertains to non profits. He asked Council to review it for possible agenda item at the next Council meeting. Councilor Ginnings mentioned that at a previous council meeting during council discussion he had asked for input on three items - a community care program that Garland has in place, a discussion on downside of urban sprawl, and the possibility of enterprise funds. Since he did not receive input, he asked to meet, at their convenience, with the City Manager, Mr. Dave Clark and Mr. Jim Dockery to get input from them. Councilor Elmore would like the results of that meeting to be put in his box. Councilor Hatcher requested that when utility cuts are done that we utilized the capability we now to move 18 inches and have a straight line. This would make a lot of people happy. Let's make an effort to square those up. Councilor Hatcher informed that we have George Lopez coming this Friday night and Tracy Adkins will be here on Saturday. Councilor Barham echoed Councilor Ginnings congratulations on the gang stuff; it is pretty remarkable. I still think it should be fully in the District Attorney's Office. Councilor Barham attended a TML meeting and brought some information on "Reverse Intergovernmental Aids", how much aid cities give to the State of Texas every year; it is a remarkable document. He asked Council to review that document; it was a shock to see some of the costs cities lose because of fines and fees. Councilor Barham attended the Three Red Neck Tenors' performance at the Wichita Theater and he commented that it was a great show and very funny. He encouraged everyone to go see it and if possible that it be brought back. We need to support the Wichita Theater as much as we can since they are one of the backbones of the City. Councilor Elmore agreed with that; everything he has attended at the Wichita Theater has been great, and we do need to support them as much as we can. Councilor Elmore wants to meet with Chief Bachman and Jim Dockery after the council meeting. Councilor Roberts-Burns would like to see us work with MT Cafe to keep them downtown. We do not need to lose any other businesses downtown. 527 Item 11 b continued Councilor Roberts-Burns thanked the Health Department and Legal on the cat ordinance; that has come a long way. Councilor Barham would like to echo Police Department's efforts in reminding people to lock their cars. The Police Department now has a new initiative to educate people on auto burglaries; pay attention to that. Item 12 There was no Executive Session Item 13a Moved by Councilor Hatcher to appoint Mr. David Lane to the Zoning Board of Adjustment, Place 9, with term to expire December 31, 2010. 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 13b Moved by Councilor Barham to appoint Mr. Hans Peter Schuele to the Aviation Advisory Board, Place 6, 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 City Council adjourned at 12:30 p.m. PASSED AND APPROVED this � day of 1 2009. MAYOR ATTEST: dia Ozuna ity Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, February 17, 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: Dr. Bob McCartney, Pastor First Baptist Church (b) Pledge Of Allegiance 3. 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. 4. Approval Of Minutes Of February 3, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 5. Resolutions (a) Resolution Authorizing Award Of Bid For The Purchase Of A Motor Grader To Romco Equipment In The Amount Of $148,918.00 (Council Bill # 33) (b) Resolution Authorizing Award Of Bid For The Construction Of 5,000 Linear Feet Of Fencing At The City Landfill To The Anchor Group, Inc., In The Amount Of $76,140 (Council Bill # 34) 6. Receive Minutes (a) Library Advisory Board, September 23, 2008 (b) Library Advisory Board, November 25, 2008 (c) MPO Technical Advisory Committee, July 9, 2008 City Council Agenda Tuesday, February 17, 2009 Page 2 (d) MPO Transportation Policy Committee, October 22, 2008 (e) Traffic Safety Commission, November 5, 2008 (f) Park Board, December 11, 2008 REGULAR AGENDA 7. (a) Public Hearing Regarding A Proposed Amendment To The Existing Tax Increment Financing District, Reinvestment Zone #2, Project And Financial Plan Originally Established In August 2005 (b) Ordinance Amending The Existing Tax Increment Financing District Reinvestment Zone #2 Project And Financial Plan Originally Established In August 2005 (Council Bill # 35) 8. (a) Second 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 (b) Resolution Approving Amendments To The Proposed Use Of Community Development Block Grant (CDBG) Funds In A Previously Approved Consolidated Plan (Council Bill # 36) 9. Ordinances (a) Ordinance Making An Appropriation To The Special Revenue Fund For Housing Opportunities For Persons With AIDS (HOPWA) Grant Funding In The Amount OF $61 ,000 (Council Bill # 37) (b) Ordinance Making An Appropriation To The Special Revenue Fund For Ryan White Part C Grant Funding In The Amount Of $42,446 (Council Bill # 38) (c) Ordinance Repealing Ordinance 11-2009, And Amending Section 106-186 Of The Code Of Ordinances By Adding Additional Drought Contingency Triggers (Council Bill # 39) (d) Ordinance Amending Ordinance 10-2009 Authorizing A General-Special Municipal Election, In Lieu Of The Previously- Called General Municipal Election, Be Held On May 9, 2009, In Order That Proposed Amendments To The City Charter May Be Submitted To The Voters During Said Election (Council Bill # 40) City Council Agenda Tuesday, February 17, 2009 Page 3 10. Resolutions (a) Resolution Expressing Support For House Bill 604 (Council Bill # 41) (b) Resolution Approving Chan ���4e Cypress ® ®Water Tre Project (Council ' (c) Resolution Awarding Bid And Contract For The Fourth Pressure Plane Water Distribution Improvements Project (Council Bill # 43) (d) Resolution Awarding Bid And Contract For The Pump Rehabilitation At Lake Kickapoo Project (Council Bill # 44) (e) Resolution Awarding Bid And Contract For Recoating The Reilly Road Elevated Water Storage Tank Project (Council Bill # 45 (f) Resolution Endorsing Certain Legislative Changes To Enhance The Competitive Electric Market Supported By Cities Aggregation Power Project, Inc. (Council Bill # 46) 11 . Other Council Matters (a) Staff Council Discussion (1) Proposed Feral Cat Ordinance — Lou Franklin (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Executive Session To Consider Qualifications Of Possible Appointees To The Zoning Board of Adjustment As Authorized By Section 551 .074 Of The Texas Government Code: 13. Open Session To Select Appointments To The Following Boards And Commissions: (a) Zoning Board of Adjustment (b) Aviation Advisory Board 14. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at City Council Agenda Tuesday, February 17, 2009 Page 4 761-7409. 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