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Min 07/07/2009 �i ► 620 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 07, 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 Dr. Bob McCartney, Pastor of First Baptist Church, gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3a Mr. Bill Gardner, United States Census Bureau Representative, gave a presentation on the 2010 Census Item 3b Mayor recognized Mr. Waylon "Clark" Turner, in the Sanitation Department, as Employee of the Month for July 2009. Mayor presented Mr. Turner with a plaque, a letter of appreciation, dinner for two, and a check. Item 4 Kelly Mestas, 5245 Kingston Dr., requested that Council revisit the issue of recycling programs and consider all types of materials. Charles and Shirley Barr, 2100 Indian Heights, requested that Council waive the landscape and sprinkler system requirements for the Crossroads Worship Center on North Broadway, and allow the church to move forward to work inside the building. The reasons for this request are that the church cannot afford to install a sprinkler system at this time, the 621 r� Item 4 continued church structure is not being altered, only the inside needs to be finished so they can have a place to worship; the grounds are manicured and well maintained. Mayor Lyne, City Manager, and Building Administrator will meet and get back with Mr. Barr on his request. Samantha McMahen, 1528 Hursh Ave. submitted a petition of persons interested in having curbside recycling, and asked Council to consider their request for curbside recycling. Mayor encouraged everybody to take advantage of the recycling programs that we do have. Item 5 Minutes of the June 16, 2009 City Council Meeting were approved as distributed. Items 6a-6d City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Barham 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-6d Minutes of the following boards and commissions were received. (a) Park Board, April 23, 2009 (b) Landmark Commission, April 28, 2009 (c) Landmark Commission, May 19, 2009 (d) Planning and Zoning Commission, May 13, 2009 Item 7a A public hearing was held concerning a request from David Zentgraf, Moonlight Limousine, for an increase in the number of Special Service Vehicle Permits authorized. Mayor declared the public hearing open. City Clerk informed that Council granted a franchise to Mr. Zentgraf in 2005 with one permit; then in 2007 he requested two additional permits which Council approved. His request today is for one additional permit. Council was provided with a report from Mr. John Burrus, Director of Aviation, Traffic and Transportation concerning public convenience and necessity. Mr. Burrus stated that staff recommends approval with the understanding that failure to permit vehicles will end up in revocation. Mr. Zentgraf, 231 Central Highway East, informed that his business has grown and has gone very well; he has boosted his insurance from what is required by the State. The new vehicle is a 2008 Escalade. He would appreciate Council's consideration. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Y 622 Item 7b ORDINANCE NO. 41-2009 Ordinance Amending Ordinance No. 104-2005 To Increase The Number Of Special Service Vehicles Permitted To David Zentgraf, DBA Moonlight Limousine, From Three Vehicles To Four Vehicles Moved by Councilor Barham that Ordinance No. 41 -2009 be passed. 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 City Council recessed at 9:20 a.m. and reconvened at 9:35 a.m. Item 8a ORDINANCE NO. 42-2009 Ordinance Amending Appendix B Of The Code Of Ordinances To Add Section 3811 Thereto, Which Will Establish Commercial Business Closure Times In The Central Business District Moved by Councilor Elmore that Ordinance No. 42-2009 be passed. Motion seconded by Councilor Barham. Mr. Dave Clark informed that this is in response to concerns expressed by many downtown property owners and tenants. This ordinance would add retail as an exception to those hours. The businesses will not be open to the public, but if someone wants to work late they can do that but the business cannot open to the public after hours. Police Chief will present an implementation plan to the Council of how they will approach and enforce this ordinance and how the public will be made aware of it. City Attorney will address the grandfathering issue. Staff will research the creation of an ordinance or zoning that denies businesses that do the very thing we do not want them to do in the downtown commercial area. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 8b ORDINANCE NO. 43-2009 Ordinance Appropriating To The Special Revenue Fund For Ryan White Part C Grant Funding $56,764 for the Early Intervention Program And Authorizing The City Manager To Execute A Contract And All Other Documents Necessary To Receive Said Funds From Tarrant County For The Wichita Falls-Wichita County Health District Pursuant To The Ryan White Part C Grant Moved by Councilor Roberts-Bums that Ordinance No. 43-2009 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. 623 Item 8b continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 9a RESOLUTION NO. 90-2009 Resolution Awarding Bid For The Renovation Of The TSA Offices At Wichita Falls Municipal Airport To Trinity Hughes Construction, In The Amount Of$125,517 Moved by Councilor Elmore that Resolution No. 90-2009 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. 91-2009 Resolution Awarding Construction Manager At Risk Services To Gallagher Construction Services For The Construction Of The Wichita Falls Animal Services Center In The Amount Of Approximately $355,580 Plus Construction Costs To Be Determined By Subsequent Amendment Moved by Councilor Barham that Resolution No. 91-2009 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 9c RESOLUTION NO. 92-2009 Resolution Awarding a Bid For The 2009 Street Rehabilitation Project Phase II (CWF09-100-18) to Bobby Bounds Excavation in the estimated amount of$935,594.60 Moved by Councilor Hatcher that Resolution No. 92-2009 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 9d RESOLUTION NO. 93-2009 Resolution Authorizing The City Manager To Execute An Amendment To r 624 Item 9d continued The Water Purchase Contract With The City Of Burkburnett To Extend Its Increase In The Contractual Maximum Amount Of Water To Be Furnished By One Year Moved by Councilor Roberts-Burns that Resolution No. 93-2009 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 10a Mr. Dave Clark informed that on July 13, 2009 at 5:30 in the public Library, Room 205, a public hearing will be conducted on the development of Tax Increment Finance District#3. Notices were sent to about 800 property owners. At that meeting Staff will explain the TIF#3 and the steps to do this, as well as answer any questions. Item 10b Councilor Smith thanked the City staff for all the activities at MPEC last Saturday, July 4. The fireworks were super; he thanked Mr. Bob Sullivan and his staff for what they did, as well as the Police and Fire Departments for the extra work they did over the holidays. Our hats are off to everyone who made that a great event. Councilor Smith informed that there will be a fifth flight added from Wichita Falls to DFW beginning August 25; this will give us 3 ATR aircraft, which is a 70 passenger aircraft. They will also increase the number of jet flights by one to and from Wichita Falls and Dallas. There will be two jet aircraft flights. This will be the culmination of several changes. We will wind up with about 50 additional seats per day over what we had. beginning August 25. 1 challenge everyone when you have transportation needs to check American Airlines' website; there are good deals from Wichita Falls to wherever you want to go. That strengthens our air transportation out of at Municipal Airport. Hats off to John Burrus, Monica Morris, and the rest of his staff for continuing to really work in improving air transportation for our City. Saturday we had our Code Red System send out a message about fireworks, just a friendly reminder. Some people did not appreciate that but I think most did. That System is a great system and Saturday's message showed that the System works. It is available at all times for the purposes it was set up for. This reminder that we had Saturday was a public safety issue. If you remember last year at the July 4 time frame, a portion of one of our apartment complexes was almost burned to the ground by fireworks. It is something we should not take lightly and it is illegal in Wichita Falls to possess or shoot off fireworks. Some disagreed with the use of Code Red Saturday but I felt it was an appropriate use. It is there for more severe situations like weather and other situations but it is something I feel like our City government has a responsibility for and this type of technology just makes it so easy to inform, alert and warn citizens when the need is there. Councilor Smith referred to the recycling situation mentioned earlier this morning, I support wholly the recycling efforts we have going on and would personally like to see more recycling done but there is an economic cost to that. Several months ago staff conducted a survey to see what kind of support was out there for an enhancement of our recycling system. There was interest but not enough interest in paying additional monies to recycle as we had been talking about as far as separating out different items. Councilor Smith felt that it is incumbent upon the City and other organizations to continue to educate the public about the benefits of recycling but 625 Item 10b continued there is a cost. At the point we see the majority of the citizens would support an extra cost, $5, $8, $10, and up a month, we will be there to follow through, but we do not see that in the horizon at this time. I am certainly open to look at that. Councilor Smith reminded everyone that there is good information about how our recycling program works on the City's website. If you do not know what is available check the City's website or call City staff. It is still somewhat on the table but it is a commitment that will cost us more than what we are paying. Councilor Ginnings seconded the appreciation and accolades over the 4m What really impressed him was the recovery; everything was back to normal within minutes, certainly in an hour. City Manager had a list of all those that were involved and almost every department was involved. Councilor Ginnings asked for an update on the Texas Parks and Wildlife that had a deadline of May 31. Mr. Jack Murphy informed that the May 31 deadline was to submit the updated Park Plan for approval and we did receive approval last week from Texas Parks and Wildlife. The deadline for the grant is July 31 and we are working on that. Councilor Ginnings mentioned the dispatch shutdown that caught us by surprise; the one he is referring to is the one where our computer did not automatically start our generators. We depend so much on technology; do we test that periodically to see that it will in fact work? Mr. Matt Benoit informed that it is checked weekly but at this time we do not know why it did not work; there were several other issues involved and we are still looking into that. I will get you a memo next week explaining everything I can, but there will still be some unknowns. Councilor Ginnings expressed appreciation to Public Works on the progress of the South Weeks Park Project; the planning is about 70% or better complete at this point; that is good news. Councilor Hatcher congratulated Sgt. Joe Snyder from the Police Department for receiving an international award as Crime Free Supervisor of the Year in Kansas City, MO. He pointed out that Police Officers Steve Carroll and Jeff Hughes trained over 100 property managers in this crime free program in and around Wichita Falls. Councilor Hatcher had an opportunity to go to Kickapoo Airport last Saturday where the Jenny was flying, although he did not get to see the Jenny fly then, but he saw the stunt plane event and it was pretty interesting and even a little scary. Councilor Hatcher reminded everyone that the BCI Annual Leadership Breakfast, sponsored by Wichita Christian School and BCI, is being held this Friday; there may still be tickets available. Featured speaker is Matt Eversmann who is the hero /subject in the story/movie "Black Hawk Down" Councilor Hatcher said that another fun event to see is the return of the Soap Box Derby; it will be held in front of the Downtown YMCA July 18 at 9:00 a.m. Councilor Hatcher referred to recycling and commented that if you want to be green and save the planet, start out by using what we already have to the maximum. The first thing everybody ought to do is to utilize the green cart and use what we do have and that is the minimum you can do. We do not have a perfect system but we do have a system and if everyone would use it to the maximum, for starters, that might be a good springboard to take that further. Councilor Barham mentioned a resolution passed by Council in 2008 designating the City of Wichita Falls as a City of Character and in keeping with that resolution, the 2008 Leadership Class began a project to place character trait banners throughout the community, which were purchased by several businesses. The City banners display character traits and art renderings of that character trait. 72 banners were purchased and are displayed throughout the community and the proceeds are split between the Humane Society and Adult Literacy Council. That presentation will take place within the next couple of weeks. 21 of the 72 banners have been placed in the downtown area and the rest 626 Item 10b continued the time to look at those banners; a lot of work, effort, and creativity went into them. Councilor Barham mentioned the 4th of July celebration, we got wet but it was fun. Fireworks went off without a hitch. It was a very good event, well coordinated, and well planned, and it was a safe event with only a few heat mishaps. We had a great time. Councilor Barham mentioned a recent article in the Texas Town and City magazine regarding identity theft and the requirements to provide identity theft warning signs, and asked if we were in compliance with that requirement. City Manager replied that we will be ready for that. Councilor Barham also gave kudos to Sgt. Snyder; that is a prestigious award and a lot of hard work went into that. Councilor Elmore also commended Sgt. Snyder and the crime free group; they have done a great job. Councilor Elmore said he had received a lot of calls from folks who did not get their trash picked up last week; he hopes that has been taken care of. Councilor Elmore received a call about a vacant lot that is between the Wee Chi Tah statute and the park that he hopes is not sold but maintained for that particular facility. As a matter of fact, it would be my hope that trustee properties that are adjacent to parks, that we could maintain or acquire those to increase access and maintain access to the parks, and if possible increase them in any way we can. Councilor Elmore asked if discussion on the Wee Chi Tah would be on the next council agenda. City Manager informed that it would probably be on the August agenda. Councilor Elmore referred to the Code Red System and said he understood what Councilor Smith was saying but was greatly concerned about this. Code Red can select specific houses or very small areas within neighborhoods or the entire City and this is a notification of an eminent emergency situation. If it is used for things other than that then I believe it weakens it. For example, if you get a call at 3 a.m. because the weather service issued a thunderstorm warning for Wilbarger County, people are going to get out of it. It is to notify people of an eminent emergency. To me that is exactly what Code Red is, not an advertising program of any other kind. I am really concerned about that because I am afraid we are going to lose the real utilization of that program. It is a great program if used correctly. Councilor Roberts-Burns thanked the City staff for the 4th of July celebration; it was outstanding. She specifically enjoyed the fireworks. Councilor Roberts-Burns asked Code Enforcement to look at the downtown area for tall grass violations. Mayor Lyne informed that Leadership Wichita Falls has a golf tournament coming up in August and it is for everybody. Mayor Lyne agreed with what has been said here about recycling. It is an opportunity for someone to create a business as well; they can come around and pick things up. If we put our minds to it the enterprising side of society can fill that bill. Mayor Lyne referred to Code Red and informed that he visited with the City Manager and they are working on some guidelines for the system and when they get to that point they will let everybody know. City Manager stated that the guidelines are developed and we will get them out. He commented that the name Code Red is confusing; if you read the literature the company provided and sold to us, cities use this for all kinds of notification purposes not just emergency. The system we bought is a communication tool. Communities use it in different ways; they use it to call employees back to work and to notify the public of certain things like we did. It is 627 Item 10b continued up to us how we want to use it. To those who say we over use it, I do not believe so; it is the only message we send out city wide. I think we are pretty diligent about that and we respect not "crying wolf'. We have a responsibility to communicate with the public and educate them; we thought that was a good use and opportunity for it. He mentioned that a lot of the calls he received Monday; started out as complaints about Code Red and went to complaining about the fireworks ordinance. One caller admitted he was more upset about not being able to shoot off fireworks than about the Code Red call. City Manager will get those guidelines to Council and have a discussion. Mayor Lyne commented that the fireworks were fabulous and the rain was also good. The fireworks event was fantastic and it was an exciting time. Item 11 City Council went into Executive Session in accordance with Texas Government Code § 551.074 at 11:40 a.m. City Council reconvened at 11:50 a.m. Item 12a Moved by Councilor Ginnings that Mayor Lanham Lyne be appointed to Place 1 of the Wichita Falls Economic Development Corporation with term to expire July 31, 2012. 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 Moved by Councilor Hatcher that Mr. Dick Bundy be reappointed to Place 5 of the Wichita Falls Economic Development Corporation with term to expire July 31, 2012. 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 12b Moved by Councilor Hatcher that the following members be reappointed to the Wichita Falls 4B Sales Tax Corporation with terms to expire July 31, 2011. Place 1, Mr. Robert Seabury Place 5, Mr. Jim Ginnings Place 7, Mr. Alan Donaldson, and that John H. Alexander be appointed to Place 2 with term to expire July 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 628 Item 12c Mayor Lanham Lyne reappointed the following members to Housing Authority of Wichita Falls, with terms to expire July 31, 2011. Place 1, Mr. Rodney Martin Place 2, Mrs. Carol Marlar Place 3, Mr. Dennis Wilde. Item 12d Moved by Councilor Hatcher that Mrs. Renae Murphy be reappointed to Place 1 of the Wichita County/City of Wichita Falls Hospital Board with term to expire July 1, 2011. 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 12e Moved by Councilor Hatcher that Mrs. Jeanne K. Rigg be appointed to Place 1 of the Arts Commission with term to expire July 31, 2011, and that Mr. John Hirschi be reappointed to Place 10 with term to expire July 31, 2011. Motion seconded by Councilor Elmore. City Clerk informed that Place numbers on the Arts Commission would be modified to reflect the remaining number of members in compliance with membership reduction approved by City Council. Final number of members will be 9 and this should occur this time next year with one less at-large member being reappointed. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Councilor Smith referred to the Arts Commission reorganization and pointed out that the concept in the past has been when there was a requirement they come from a particular organization, they were "representing" that organization. The new concept is that although they are coming in for an organization that meets the Council's ordinance they would also be representing the other organizations that at this moment do not have a "representative" on the Commission. Councilor Smith said that he feels good about Mrs. Jeanne Rigg because she has worked in several different agencies and in particular being a member of the Museum of North Texas History; we are "losing a person" off this, but the concept has been discussed and the consensus was there to say that these people will represent "their organization" as well as others on the Arts Commission that at this moment do not have a representative on the Commission. Item 12f Moved by Councilor Hatcher that the following persons be appointed to the Library Advisory Board with terms to expire July 31, 2012. Place 3, Mrs. Jennifer Andrews Place 6, Mrs. Jean Hall Place 7, Mrs. Carrie Anne Taylor 629 Item 12f continued 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 12g Moved by Councilor Smith that Mr. Billie Lee Green, Jr., be appointed to Place 12 of the Traffic Safety Commission 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 Item 12h Moved by Councilor Ginnings that the following persons be appointed to the Water Resources Commission with terms to expire as set out below. Place 1, Mr. John Ferguson, term expires December 31, 2009. Place 3, Mrs. Kim Meyer, term expires December 31, 2010. 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 13 Moved by Councilor Ginnings that Councilor Rick Hatcher be appointed Mayor Pro Tem. 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 Lyne expressed appreciation to outgoing Mayor Pro Tem Charles Elmore for serving this past year. He filled in for me many times and I appreciate his help. Mayor Pro Tem Elmore stated that it has been an honor. He encouraged Councilor Hatcher to attend the things within the community that need a Mayor Pro Tem to be there. Councilor Hatcher thanked Mayor Pro Tem Elmore for all he has done and stated that he will not take these responsibilities lightly; I will give it 110%. City Council recessed at 12:10 p.m. for lunch and reconvened at 1:05 p.m. 630 Item 14 Council held a work session to consider various items related to the 2009- 2010 Budget. City Council adjourned at 4:20 p.m. PASSED AND APPROVED this�_day of 2009. 43 c! MAYOR 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, July 7, 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. Presentations (a) Presentation on 2010 Census — Bill Gardner, USCB (b) Employee Of The Month - Waylon "Clark" Turner, Sanitation 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 16, 2009 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Park Board April 23, 2009 (b) Landmark Commission, April 28, 2009 (c) Landmark Commission, May 19, 2009 (d) Planning & Zoning Commission, May 13, 2009 City Council Agenda Tuesday, July 7, 2009 Page 2 REGULAR AGENDA 7. (a) Public Hearing On Request From David Zentgraf, Moonlight Limousine, For An Increase In The Number Of Special Service Vehicle Permits Authorized (b) Ordinance Amending Ordinance No. 104-2005 To Increase The Number Of Special Service Vehicles Permitted To David Zentgraf dba Moonlight Limousine From Three Vehicles To Four Vehicles (Council Bill # 135) 8. Ordinances (a) Ordinance Amending Appendix B Of The Code Of Ordinances To Add Section 3811 Thereto, Which Will Establish Commercial Business Closure Times In The Central Business District (Council Bill # 136) (b) Ordinance Appropriating To The Special Revenue Fund For Ryan White Part C Grant Funding $56,764 For The Early Intervention Program And Authorizing The City Manager To Execute A Contract And All Other Documents Necessary To Receive Said Funds From Tarrant County For The Wichita Falls-Wichita County Health District Pursuant To The Ryan White Part C Grant (Council Bill # 137) 9. Resolutions (a) Resolution Awarding Bid For The Renovation Of the TSA Offices At Wichita Falls Municipal Airport To Trinity Hughes Construction, In The Amount Of $125,517 (Council Bill # 138) (b) Resolution Awarding Construction Manager At Risk Services To Gallagher Construction Services For The Construction Of The Wichita Falls Animal Services Center, In The Amount Of Approximately $355,580 Plus Construction Costs To Be Determined By Subsequent Change Order (Council Bill # 139) (c) Resolution Awarding A Bid For The 2009 Street Rehabilitation Project Phase II (CWF09-100-18) To Bobby Bounds Excavation In The Estimated Amount Of $935,594.60 (Council Bill # 140) (d) Resolution Authorizing The City Manager To Execute An Amendment To The Water Purchase Contract With The City Of Burkburnett To Extend Its Increase In The Contractual Maximum Amount Of Water To Be Furnished By One Year (Council Bill # 141) City Council Agenda Tuesday, July 7, 2009 Page 3 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Executive session in accordance with Texas Government Code § 551 .074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee (including, but not limited to the Mayor Pro Tern and directors of the Wichita Falls Economic Development Corporation (4A Corp), Wichita Falls 4B Sales Tax Corporation, Housing Authority Of Wichita Falls, and Wichita County-City of Wichita Falls Hospital Board) 12. Select Appointments To The Following Boards & Commissions: (a) The Wichita Falls Economic Development Corporation (b) Wichita Falls 4B Sales Tax Corporation (c) Housing Authority Of Wichita Falls (d) Wichita County-City of Wichita Falls Hospital Board (e) Arts Commission (f) Library Advisory Board (g) Traffic Safety Commission (h) Water Resources Commission 13. Select Appointment of Mayor Pro Tem 14. Work Session To Consider Various Items Related To The 2009-2010 Budget. 15. 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 City Council Agenda Tuesday, July 7, 2009 Page 4 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 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