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Min 06/16/2009 609 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 16, 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 Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Pastor Michael Roberson, of Lamar Baptist Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mayor Lyne in conjunction with Wichita Home Health Services 40th Anniversary proclaimed June 18, 2009 as "Wichita Home Health Service Day" in Wichita Falls in commemoration of the legacy of leadership and service Wichita Home Health Service has provided the community through professional skilled nursing and related health care service. A Representative from Wichita Home Health Service received the proclamation and expressed appreciation to the community for allowing them to come into their homes and they still believe in patient care. Item 3b The presentation on 2010 Census will be on the next Council agenda. Item 4 Liz Myles, 814 Indiana, President of The End Zone, informed that this was not a BYOB Club and they have only had one incident in the three years it has been open. She informed that the parking lot across the street from this club is an issue because of the people 610 Item 4 continued that congregate there. She pointed out that there is no parking for the club patrons in that area; they just park wherever they can. Her club is open from 9 p.m. to 4 a.m. on the weekends. She wanted to speak on behalf of the business. Item 5 Minutes of the June 2, 2009 City Council Meeting were approved as distributed. Item 6 City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Ginnings requested that Item 6b be removed and considered under the Regular Agenda. Moved by Councilor Hatcher that the Consent Agenda be approved with the exception of Item 6b. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Nays: None Items 6a and 6c Minutes of the following Commissions were received. (a) Aviation Advisory Board, March 19, 2009 (c) Arts Commission, May 8, 2009 Item 6b Councilor Ginnings referred to Item 3 under City Traffic Report and said that the way he read the minutes the left turn lanes at Cypress and 369 are being eliminated or being proposed; and asked if that was correct. Mr. John Burrus replied that that was not correct. They are getting ready to do an overhaul on the signal light intersections and the left turn signals will be removed from the medians and placed overhead. It is an upgrade of the intersections. I can see where there would be some clarification in the minutes. Moved by Councilor Ginnings that the May 6, 2009 Traffic Safety Commission minutes be received. 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 Mayor asked that this be noted because it was misleading. Item 7a A public hearing was held on Fifth Year of the Five-Year Public Housing Agency Plan and the Annual Action Plan and deleting references to the Family Self Sufficiency Program from said Plans and the Housing Choice Voucher Administrative Plan, also known as the Section 8 Rental Assistance Programs. Mayor declared the public hearing open. 611 Item 7a continued Mr. Matt Benoit commented that on an annual basis Council is asked to consider this public housing agency Five Year Plan. This is a very routine document we fill out on an annual basis that indicates our strategies for assisting citizens with our Section 8 Housing Program. This year we are only recommending one modification and it relates to a grant program we had several years ago titled Family Self Sufficiency Grant that we lost funding for in 2005, however when we started the program we agreed to continue to administer the program even after the funds for administration had ceased. The last participant has transitioned off the program and it is now appropriate for us to delete all references to our Family Self Sufficiency Program. Mr. Benoit provided an update on the Housing Program. We are experiencing longer waiting lists during this time and I believe there are two reasons. There seems to be a significant decrease in vacancy rates within apartment complexes typically sought by Section 8 applicants. A large factor is our Fair Market Rents have increased substantially in the last two years; HUD determines what apartments should rent for in Wichita Falls. Staff has taken some steps to request additional funds from HUD to ease the burden of the Fair Market Rents but do not have an indication if that is going to come to fruition. We will continue to serve people as best we can, however, Section Housing at this time does not appear to be a quick fix for someone who has found themselves without housing or for subsidized housing. Councilor Ginnings asked how the income of the applicants was monitored. Mrs. Pamela Ibarra informed that they have them come in once a year and they review their income. Also if their income changes they are required to report it within thirty days. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 7b RESOLUTION NO. 81-2009 Resolution Approving The Fifth Year Of The Five-Year Public Housing Agency Plan And The Annual Action Plan, Deleting References To The Family Self Sufficiency Program From Said Plans And The Housing Choice Voucher Administrative Plan, Also Known As The Section 8 Rental Assistance Programs, And Authorizing The City Manager To Execute All Documents Necessary To Incorporate The Changes Into The Plans And Submit Said Plans To State And Federal Agencies. Moved by Councilor Roberts-Burns that Resolution No. 81-2009 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 for the FY 2009-2010 Transit Grant for Capital Planning and Operating Assistance for the Wichita Falls Transit System. Mayor declared the public hearing open. Mr. Lin Barnett, MPO Director and Transit Manager presented the 2009 Transit Grant which is their standard Capital Planning and Operating Grant. It will include this year an initiation of a Downtown Transit Hub, money for preventative maintenance, shop tools, grant planning, grant management and operating expenses. This grant assumes the City of Wichita Falls will meet all local match obligations. The breakdown is as follows: Federal Portion $2,006,303 State Portion $ 317,002 Estimated Fare Box Revenue $ 220,000 612 Item 8a continued City's Portion (General Fund) $ 194,594 Advertising Revenue, Economic Development dollars, and additional passenger fares $ 267,111 Total Grant $3,005,010 Mr. Barnett commented that this was the first time they have crossed the $3 million mark on a transit grant; it is a milestone for them. This is the second of two required pubic hearings; the first was held on June 9, 2009 at the Wichita Falls Public Library. Mr. Barnett informed that SAFB representative Mark McBurnett attended and also applied for the TAC/MPO. At that meeting they discussed service to SAFB and bio-diesel fuel suppliers, which Mr. McBurnett provided him. He pointed out that in 2009 they will not be purchasing any buses on this grant because they have four new low floor buses and four coming in on the American Recovery & Reinvestment Act Grant which they will be executing soon. This is why they want to program the Downtown Transit Hub for this year, the initial beginning of that hub. It will be the largest capital expense in the 2009 grant. It will involve land acquisition, demolition, architect plans and possible relocation of utilities that may be in the right of way. Initiation and completion of this hub will replace the temporary hub located at 4th and Burnett Streets. This new hub will be a multi-use facility and will help to fulfill its role as a regional transit connection. We plan to install bicycle lockers and coordinate with other transit providers that operate within an eleven county area. Riders will be able to travel into and all around Wichita Falls. We are looking at several things. They will be service based to service our own vehicles in-house and are looking at renting out service based to area providers. We are also looking at possible coordination with local bus lines. Currently we are looking at three possible locations. Mr. Barnett and Mr. Burrus have been working with the FTA Region 6 Office in Fort Worth to complete the categorical exclusions, to get all the EPA requirements out of the way so we can proceed with the project. Councilor Smith asked if they have any interest from the regional and national bus lines to go into this hub. Mr. Barnett replied that as far as the region, yes; and we envision this to become a connector to the Dallas', Oklahoma's, Amarillo's, Lubbock's; that type of thing. Councilor Ginnings asked that he explain the grant period. Mr. Barnett explained that the way the FTA grants work is that it is the year of creation plus three years; if we enact this year, we have three years to spend the money. City Manager explained that this is a 2009-2010 grant and the earliest we could see funds would be October of this year. Councilor Ginnings referred to the match funds they are anticipating, revenues from advertising and fare box fees, and asked if that is not realized where do you go for money. Mr. Barnett replied that they will not be able to program the entire program; we would cut expenses. Councilor Smith mentioned the three possible locations for the new transit center in particular on Scott Street, and asked if there are any plans to move forward with that process to get a site and in the meantime beautify that area on Scott Street. Mr. Barnett replied that they do have three possible locations but that Scott and Third Streets is the desired location and it would definitely beautify that area if we put in a transit center there. Councilor Smith asked if this money today could get that process moving. Mr. Barnett replied that it would because there is not enough money in this grant to build the building but there is enough to acquire land, for demolition and architect plans. Councilor Ginnings stated that you have $1.3 million in the grant and you are saying that is land acquisition only. Mr. Barnett stated that the $1.3 million is seed money to get us started. City Manager explained that the $1.3 could be carried over. The way he looks at it the land acquisition may not be that much but the difference would not be enough to build the building. Whatever is left will carry over into next year's grant. Mr. Barnett added that there is also a Section 613 Item 8a continued 5309 for capital expenditures that the FTA provides and if you can justify that capital expense that is another possible revenue source we can use to continue building the transit hub. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 8b ORDINANCE NO. 37-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Appropriating $2,006,303.00 In Federal Funds And $317,002.00 In State Funds For The FY 2009 Section 5307 Transit System And Authorizing The City Manager To Execute All Necessary Funding Agreements Related Hereto. Moved by Councilor Barham that Ordinance No. 37-2009 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None Item 9a ORDINANCE NO. 38-2009 Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Repealing Section 26-761(b) of the Wichita Falls Code of Ordinances. Moved by Councilor Roberts-Burns that Ordinance No. 38-2009 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 9b ORDINANCE NO. 39-2009 Ordinance of the City Council of the City of Wichita Falls, Texas, Accepting Grant Funds from the 2008 Homeland Security Grant and 2008 Law Enforcement Terrorism Prevention Program Grant and Making Budgetary Appropriations in the Special Revenue Fund Of The City In The Amount Of$137,119.25. Moved by Councilor Barham that Ordinance No. 39-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None 614 Item 9c ORDINANCE NO. 40-2009 Ordinance of the City Council Of The City Of Wichita Falls, Texas, Increasing Fees At City Cemeteries For Grave Space Sales And Services. Moved by Councilor Elmore that Ordinance No. 40-2009 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 10a RESOLUTION NO. 82-2009 Resolution Authorizing The City Manager To Contact The Owners Of The Hawk Ridge Golf Course To Determine Their Interest In Selling Property And Obtaining An Appraisal Of Said Property To Determine Its Fair Market Value. Moved by Councilor Elmore that Resolution No. 82-2009 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 10b RESOLUTION NO. 83-2009 Resolution Approving An Advance Funding Agreement Between The City Of Wichita Falls And The Texas Department Of Transportation For The Hike and Bike Trail Expansion Project Between Scott Street And Hamilton Park in the amount of$3,282,318. Moved by Councilor Roberts-Burns that Resolution No. 83-2009 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m. Item 10c RESOLUTION NO. 84-2009 Resolution To Award Bids for Three Grazing Leases At Lake Arrowhead For Three-Year Terms Beginning June 30, 2009 and Ending May 31, 2012. 615 Item 10c continued Moved by Councilor Elmore that Resolution No. 84-2009 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. 85-2009 Resolution To Award Bids for Two Grazing Leases At Lake Kickapoo For A Three Year Term Beginning June 30, 2009 and Ending May 31, 2012. Moved by Councilor Roberts-Burns that Resolution No. 84-2009 be passed. Motion seconded by Councilor Elmore. A discussion about the number of bidders, bid amount, and possibility of re-bidding ensued. It was noted that right of refusal had been advertised when the bids were advertised. Councilor Ginnings thought that we could possibly double the bid if we re-bid. Moved by Councilor Ginnings to amend proposed resolution to re-bid the Kickapoo Grazing Lease South, which is 1,424.39 acres. Motion seconded by Councilor Hatcher and failed by the following vote. Ayes: Councilors Hatcher and Ginnings Nays: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, and Elmore Main motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Elmore Nays: Councilor Ginnings Councilor Ginnings commented that we lease something but we reserve the right to lease the hunting on it, I would have a problem with that if I were the lessee. I would think there would be a problem with equity there altogether. If it is brought to us to approve a hunting lease on any of these grazing leases I would be opposed to that but I might want to do the leases differently, maybe a revenue sharing but I sure would oppose that by itself. Item 10e RESOLUTION NO. 86-2009 Resolution Approving Change Order No.1 for the Harrison/Speedway and 10th Street Reconstruction and Traffic Flow Improvements Project (CWF08-100-02), which will increase the contract amount by approximately $66,759.75 Moved by Councilor Barham that Resolution No. 86-2009 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 616 Item 10e continued Nays: None Item 10f RESOLUTION NO. 87-2009 Resolution Approving Change, Order No. 5 for the Cypress Water Treatment Plant ,Site_Civil. and Communication Improvements Project (CWF07-544-13), which will increase the contract amount by approximately $40,606.50. Moved by Councilor Elmore that Resolution No. 87-2009 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 10g RESOLUTION NO. 88-2009 Resolution Approving the Joint Funding Agreement for Water Resource Investigations, Number 10C4TX039000000, with the U.S. Geological Survey for annual operations and maintenance of gauge stations and water quality collection and analysis. Moved by Councilor Elmore that Resolution No. 88-2009 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 10h RESOLUTION NO. 89-2009 Resolution Authorizing The City Manager To Execute All Documents Necessary To Apply For and Accept Grant Funds From The Edward Byrne Memorial Justice Assistance Grant Program In The Amount Of $71,232 With Co-Applicant, Wichita County, Texas. Moved by Councilor Roberts-Burns that Resolution No. 88-2009 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 11 a There were no Staff reports. 617 Item 11 b Councilor Roberts-Burns reported tall weeds and grass on the 1200 block of Harding Street and on Farris and 7th Streets. Councilor Elmore wanted to know the amount of time a trailer could be left in a front yard where a building is being renovated. Councilor Elmore informed that the Streams and Valleys had offered the Wee Chi Tah statue to the City as a gift and he requested that an item to accept it be placed on the next Council agenda. Mayor Lyne agreed. Councilor Barham gave kudos to the Parks Department regarding the Mane Event horses; he noticed that there was a neighborhood organization that Roselawn Park wanted to put a horse there and they purchased one and they have begun work on that. Also, at the 8th and Scott Streets Park there is a horse there. He thanked Mr. Jack Murphy and his department. Councilor Barham referred to the TIF 3 Project and he commended Mrs. Karen Montgomery and thanked her for her hard work and that map, keeping up the 10% level was really a chore. That is the most convoluted set of boundaries I have seen in any project but I think that project is very worthwhile and I look forward to seeing it get off the ground. Councilor Hatcher invited everyone to the July 4th Celebration. It is going to be a fun time. Have a safe 4th and come out to MPEC. Councilor Ginnings asked if we had received an indication from our consultants on their efforts to increase the coverage on the Mobile Data Terminals, Mr. Benoit informed that things are getting better and there is room for encouragement. We switched to a different radio and have done initial testing on that last week. Early indications are that it has increased the coverage significantly and reduced the re-association times when a vehicle travels in between towers and the radio has to switch. However, there are some things that do not make a lot of sense, but the vendors are in town this week and we are hoping some configuration changes will fix some of those. At this time the jury is out and there is room for encouragement. Two police officers and Assistant Fire Chief Weske have those radios installed in their vehicles and they are spending time on them and giving us feedback. I would hope by the end of the week to have an answer or we are back to the drawing board again. We are currently not using them. Councilor Ginnings asked where we were with the reorganization of the Arts Commission. City Clerk Ozuna informed that they are still in the process of reducing the membership to nine through attrition. The Arts Commission will submit recommendations to the Council for appointments which will be on the July 7 City Council meeting; Council will make the final determination on those appointments. Councilor Smith mentioned the other activities that will take place during the July 4 celebration at MPEC - Kell House Parade at 9 a.m., Kids Fest at MPEC at 3 p.m., and fireworks at dusk at MPEC. He encouraged everyone come there instead of shooting off fireworks illegally inside the City limits. Hope to get more compliance this year and that the media will help us with that to remind the people that it is illegal and a dangerous practice inside the City limits. Councilor Smith commented that many times we have letters to the editor and that is fine but so many times those letters are inaccurate. I wish the newspaper would take some responsibility in checking out some of these statements. In particular a letter a couple of weeks ago talked about the Museum of North Texas History getting handicap accessible entrances to their building which is a project they have been working on for some time. It alluded to the fact, incorrectly, that the City had held that up and that is not the case. He clarified that the building is a County building, leased to the Museum of North Texas History and is a wonderful facility but over a period of about eight years it has taken the Museum that period of time to raise funds to make that building appropriately handicap accessible and that is a great thing because many people have wanted to visit the Museum and have not be able to get in there easily but now can. He welcomed all of those who have not had the opportunity to go to the museum to 618 Item 11 b continued do so. You do not need to make any arrangements before going but if you have an extra special situation please call. He stated that he would take it upon himself to correct those erroneous statements in the newspaper. Once it hits the newspaper people take it as being correct but I am going to correct it here every time. He encouraged the television stations to write a letter to the editor if they see something that is not correct. Councilor Smith mentioned the Tourist Travel Workshop they attended at MPEC put on by the Convention Visitor's Bureau and commented that it was a very good workshop. Again a newspaper article was somewhat misleading in what was actually said by the consultant. Many things that were said were true; there are things as always that need to be improved but certain items that were talked about as far as the City's website, City's CVB website, and City's tourist booklet were way off the mark. I think our website is one of the best as far as a municipal website and CVB website, and certainly our tourist brochure and booklet are top notch. I thought the newspaper article was somewhat misleading going a bit negative. I think our CVB under the leadership of Pene Bridges has done an outstanding, excellent, forward thinking job. My hat is off to that group. I do not want them to think that the Council or others think that something is wrong with the path they are approaching. Yes, the article had some good suggestions but some of that was somewhat misleading in my opinion. Councilor Smith mentioned the "Click It or Ticket It" campaign that took place May 18-31. 1 was taken aback by the huge success our officers had in that short period of time; there were 372 seat belt violations; 27 child restraint citations, and 119 other citations, including 10 arrests. That many tickets in that short time tells me we still have to work on that. He thanked Chief Bachman and his officers for their hard work. Councilor Smith referred to the fireworks and encouraged everyone to watch City Channel 11 for a segment on fireworks; it will be playing constantly from now until July 4, Please watch that and understand what the law is on fireworks in the City. Police and Fire personnel will be out July 4 trying to make the citizens more aware of that. Just do what is right; do not bother your neighbors, and do not burn your neighbor's house. Have a great, safe July 4cr, Mayor Lyne agreed that it was a good thing to say for all the time, "don't burn your neighbor's house down"; it is the neighborly thing to do and those are the kind of people we want in our community, those that do not burn each others houses down. Mayor Lyne concurred that the "Click it or Ticket it" campaign was very successful. Mayor said that he found it humorous when someone told him he had received two tickets in the same day for not wearing a seatbelt. It was in two different locations. I was reminded of a friend who once said he never got a ticket for speeding when he was not speeding. That also holds true for seatbelts and DUI; if you are not driving drunk you will not receive a ticket and all those other things. Mayor Lyne read a letter from General O.G. Mannon at SAFB commending Chief Bachman and his officers. Police Officers assisted in an operation resulting in a textbook detention and apprehension of a violent career criminal. General Mannon wrote that the support and assistance they receive routinely from Chief Bachman and his officers is nothing short of extraordinary. Mayor commented that that is an outstanding pat on the back they deserve. They do a great job in assisting out there. Mayor Lyne referred to fireworks and emphasized that the City will have more patrols out there; it is illegal in the City limits. It is getting hot which dries all the growth of grass, weeds, etc., making it a tinderbox and it does not take more than a spark to set off a fire. Have fun on the 4th, obey the law and be safe. City Council adjourned at 10:40 a.m. PASSED AND APPROVED this day of 2009. 619 MAY ATTEST: Lydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, June 16, 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: Michael Roberson, Pastor Lamar Baptist Church (b) Pledge Of Allegiance 3. Presentations — (a) Proclamation — Wichita Home Health Service Day (b) Presentation on 2010 Census — Bill Gardner, USCB 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 June 2, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Aviation Advisory Board, March 19, 2009 (b) Traffic Safety Commission, May 6, 2009 (c) Arts Commission, May 8, 2009 City Council Agenda Tuesday, June 16, 2009 Page 2 REGULAR AGENDA 7. (a) Public Hearing On Fifth Year Of The Five-Year Public Housing Agency Plan And The Annual Action Plan And Deleting References To The Family Self Sufficiency Program From Said Plans And The Housing Choice Voucher Administrative Plan, Also Known As The Section 8 Rental Assistance Programs (b) Resolution Approving Fifth Year Of The Five-Year Public Housing Agency Plan And The Annual Action Plan And Deleting References To The Family Self Sufficiency Program From Said Plans And The Housing Choice Voucher Administrative Plan, Also Known As The Section 8 Rental Assistance Programs (Council Bill # 122) 8. (a) Public Hearing For The FY 2009-2010 Transit Grant For Capital, Planning And Operating Assistance For The Wichita Falls Transit System. (b) Ordinance Appropriating $2,006,303.00 In Federal Funds And $317,002.00 In State Funds For The FY 2009 Section 5307 Transit System And Authorizing The City Manager To Execute All Necessary Funding Agreements Related Hereto (Council Bill # 123) 9. Ordinances (a) Ordinance Repealing Section 26-761(b) of the Wichita Falls Code of Ordinances (Council Bill # 124) (b) Ordinance Accepting Grant Funds From The 2008 Homeland Security Grant And 2008 Law Enforcement Terrorism Prevention Program Grant And Making Budgetary Appropriations In The Special Revenue Fund Of The City In The Amount Of $137,119.25 (Council Bill # 125) (c) Ordinance Increasing Fees At City Cemeteries For Grave Space Sales And Services (Council Bill # 126) 10. Resolutions (a) Resolution Authorizing The City Manager To Contact The Owners Of The Hawk Ridge Golf Course To Determine Their Interest In Selling It And Obtaining An Appraisal Of Said Property To Determine Its Fair Market Value (Council Bill # 127) (b) Resolution Approving A Second Agreement Between The City of Wichita Falls and The Texas Department of Transportation For City Council Agenda Tuesday, June 16, 2009 Page 3 The Trail Expansion Project Between Scott Street and Hamilton Park (Council Bill # 128) (c) Resolution To Award Bids for Three Grazing Leases At Lake Arrowhead For A Three Year Term Beginning June 30, 2009 and Ending May 31, 2012 (Council Bill # 129) (d) Resolution To Award Bids for Two Grazing Leases At Lake Kickapoo For A Three Year Term Beginning June 30, 2009 and Ending May 31 , 2012 (Council Bill # 130) (e) Resolution Approving Change Order No. 1 for the Harrison/Speedway and 10th Street Reconstruction and Traffic Flow Improvements Project, which will increase the contract amount by approximately $66,759.75 (Council Bill # 131) (f) Resolution Approving Change Order No. 5 for the Cypress Water Treatment Plant Site Civil and Communication Improvements Project, which will increase the contract amount by approximately $40,606.50 (Council Bill # 132) (g) Resolution Approving A Joint Funding Agreement for Water Resource Investigations with the U.S. Geological Survey for annual operations and maintenance of gauge stations and water quality collection and analysis (Council Bill # 133) (h) Resolution Authorizing The City Manager To Apply For Grant Funds To The Edward Byrne Memorial Justice Assistance Grant Program In The Amount Of $71,232.00 With Co-Applicant, Wichita County, Texas (Council Bill # 134) 11. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 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. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance,development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including,without limitation, any street,water pipe, sewer,drainage structure,department,employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any City Council Agenda Tuesday, June 16, 2009 Page 4 item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071,551.072,551.073,551.074,551.076,551.084,and/or 551.087. 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