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Min 12/02/2008 471 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 02, 2008 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 Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Minister Joe Williams, Minister of Edgemere Church of Christ, gave the invocation. Item 2b Councilor Barham led in the Pledge of Allegiance. Item 3a Mayor recognized Mr. Jon Walker, Library Assistant, as employee of the month for December 2008. Mayor presented Mr. Walker with a plaque, a check, and restaurant coupons. Item 4 Heather Vasquez, 4615 Misty Valley East, and Samantha McMahen, 1528 Hursh, spoke in favor of the yard waste containers and recommended that Council consider expanding recycling. They suggested that the recycling program used by SAFB be used as a model. Mayor Lyne, City Manager, and Public Works Director will look into their suggestions. Penny Miller, 1700 Tanglewood, League of Women Voters' President, informed that recycling is one of the issues that the League studied previously and established as an active position and when they take a position they take action. They have published, along with the Sierra Club, a pamphlet for citizens on where they can recycle in the City of Wichita Falls. Part of their position is to see the City of Wichita Falls pursue and study curbside recycling, and she encouraged the Council to do that. 472 r Item 5 Minutes of the November 4, 2008 and November 18, 2008 Council meetings were approved as distributed. Item 6 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 RESOLUTION NO. 172-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF 1,944 REFUSE CARTS FROM REHRIG PACIFIC COMPANY, IN THE AMOUNT OF $98,568.68, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL PURCHASING COOPERATIVE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Items 7a-7c Minutes of the following Boards were approved. (a) Public Health Board, August 22, 2008 (b) Park Board, September 25, 2008 (c) Construction Board of Adjustments, October 23, 2008 Item 8a ORDINANCE NO. 75-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPROVING AN ELECTRIC POWER CONTRACT WITH CITIES AGGREGATION POWER PROJECT, INC. ("CAPP") FOR ELECTRIC CAPACITY AND ENERGY, PROVIDING CAPACITY PAYMENTS AS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS OF THE CITY, PLEDGING AND LEVYING AN AD VALOREM TAX TO SUCH PAYMENTS, PROVIDING FOR ENERGY PAYMENTS FOR ELECTRIC ENERGY SUBJECT TO ANNUAL APPROPRIATION BY THE CITY, PROVIDING FOR THE ASSIGNMENT OF SUCH CAPACITY PAYMENTS TO SUPPORT DEBT ISSUED BY CAPP INCURRED TO ACQUIRE ELECTRIC CAPACITY RIGHTS FROM LUMINANT GENERATION COMPANY AND RELATED ENTITIES PURSUANT TO A 24-YEAR POWER PURCHASE AGREEMENT ("PPA"); AUTHORIZING THE CITY MANAGER OR OTHER APPROPRIATE CITY OFFICER OR EMPLOYEE TO EXECUTE AND DELIVER THE MEMBER CONTRACT; FURTHER AUTHORIZING THE CITY MANAGER OR OTHER APPROPRIATE CITY OFFICER OR CITY EMPLOYEE TO SIGN ADDITIONAL AGREEMENTS ARRANGED BY CAPP FOR ELECTRIC POWER NEEDED BY THE CITY IN THE PERIOD 2009-2011 IN EXCESS OF THE AMOUNT OBTAINED UNDER THE MEMBER CONTRACT; ACKNOWLEDGING, AUTHORIZING AND DIRECTING THE CITY MANAGER OR APPROPRIATE CITY OFFICER OR CITY EMPLOYEE TO SIGN AND RETURN CAPP'S DISCLOSURE LETTER; FURTHER AUTHORIZING THE CITY MANAGER OR APPROPRIATE CITY OFFICER OR OTHER CITY EMPLOYEE TO ACCEPT CONFORMING CHANGES TO THE MEMBER CONTRACT DEPENDENT ON THE FINAL TERMS OF THE CAPP PPA; PROVIDING FOR VALIDITY AND SUFFICIENCY OF CITY EMPLOYEE'S OR CITY 473 Item 8a continued OFFICER'S SIGNATURE IF THE OFFICER OR EMPLOYEE LEAVES OFFICE OR EMPLOYMENT PRIOR TO THE DELIVERY OF THE MEMBER CONTRACT; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDWAM7 I WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT. Moved by Councilor Barham that Ordinance No. 75-2008 be passed. Motion seconded by Councilor Elmore. Mr. Geoffrey Gay, General Council to CAPP, gave a presentation on the Participation in Long Term Power Purchase Agreement (2009 PPA). A copy of this presentation is attached hereto as Exhibit A. Mr. Jay Doegey, CAPP Chair and City Attorney for the City of Arlington, provided additional information and responded to questions. Jay Biece, Luminant Representative, was also present and provided information on first liens. A lengthy discussion was held as well as questions and answers. City Council recessed at 9:35 a.m. and reconvened at 9:55 a.m. Councilor Ginnings expressed reasons for his opposition to this long term agreement. He stated that 24 years is impossible to forecast, it cannot be done; also, he believes there is a principle we are violating by loaning money to a private concern by a city government. That comes out of our capital asset base and we do not do that; we do not loan to private enterprise. We need to keep in mind that what we are actually doing is borrowing money and paying interest on it for operating expense; electricity is an operating expense. If a business has to borrow money to operate on, it is in trouble and as a principle that is not wise. Lastly, he felt it was not good policy to relinquish control of our credit to a third party; our credit being our bonding ability and our ad valorem tax base. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Elmore Nays: Councilor Ginnings Item 8b ORDINANCE NO. 76-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES, APPENDIX B ZONING, TABLE 6741 AND ASSOCIATED NOTES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Ordinance No. 76-2008 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 474 Item 8c ORDINANCE NO. 77-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE SEC. 82-223 OF THE CODE OF ORDINANCES TO INCREASE THE NIGHTLY FEE AT THE SCOTLAND PARK RV PARK FROM $10 TO $17; 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. 77-2008 be passed. Motion seconded by Councilor Barham. Councilor Hatcher submitted the following substitute motion. Moved by Councilor Hatcher to increase the nightly fee at the Scotland Park RV Park from $10 to $17. His reason was that that is the MPEC RV Park fee. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Hatcher, and Ginnings Nays: Councilors Roberts-Burns and Elmore Item 8d ORDINANCE NO. 78-2008 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT $8,775 IN GRANT FUNDS FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES EMS - LOCAL PROJECTS GRANT PROGRAM FOR THE PURCHASE OF NINE (9) AUTOMATIC EXTERNAL DEFIBRILLATORS FOR THE WICHITA FALLS FIRE DEPARTMENT; 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. 78-2008 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 RESOLUTION NO. 173-2008 RESOLUTION DETERMINING THE NECESSITY FOR THE ACQUISITION OF PROPERTY ADJACENT TO RIVERSIDE CEMETERY FOR THE PURPOSE OF EXPANSION AND BEAUTIFICATION, AND AUTHORIZING PURCHASE OR CONDEMNATION; 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. 173-2008 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, 475 Item 9a continued Ginnings and Elmore Nays: None Item 9b RESOLUTION NO. 174-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN AGREEMENT WITH METAL TREATMENT TECHNOLOGIES (MT2) FOR LEAD ABATEMENT SERVICES AT THE WICHITA FALLS POLICE DEPARTMENT FIRING RANGE; 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. 174-2008 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. 175-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE STUDY OF THE WICHITA RIVER WITHIN THE CITY OF WICHITA FALLS TO THE U.S. GEOLOGICAL SURVEY; 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. 175-2008 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 10:50 a.m. and reconvened at 11:10 a.m. Item 10a A discussion was held on graffiti abatement. Assistant City Manager Matt Benoit provided information on the current Graffiti Ordinance and on his findings in how other cities deal with graffiti. He recommends that graffiti be identified as a nuisance within the boundaries of other code enforcement infractions. He provided the following options for graffiti abatement. 1) A strict, owner-responsible approach—This would entail observation of graffiti by a Code Enforcement Officer that would trigger a notification to the landowner and abatement would be required. Failure to abate would result in a ticket issued for a Class C misdemeanor and/or city abatement with cost of abatement resulting in a lien on the property. 476 Item 10a continued 2) Assistance from the City— Notice to the owner but the notification letter will include a consent and waiver form allowing city involvement. If the owner chooses not to abate, a city department can be assigned to abate the graffiti, a contractor(s) can be hired to abate the graffiti or the city can provide materials and the land owner must abate the graffiti. The advantage of a City department being assigned this job is that it offers the least expensive quick abatement. The disadvantage is it will take away from other duties and it provides no incentive for the landowner to avoid future problems. If a contractor is hired to abate the graffiti, the bidding process would fall into place for an estimated annual service contract. The advantage is it offers quick abatement and does not detract from other duties. The disadvantage is that it is expensive and provides no incentive for the landowner to avoid future problems. If the City provides the materials, it would necessitate assembling kits and power washers, which would be made available for pickup at central locations. The advantage is it provides incentive for landowners to avoid future problems. The disadvantages are it is not the quickest abatement and is not intend to be an all-inclusive solution for the landowner. Following questions and discussion, Council consensus was not to follow the strict owner-responsible approach but that something definitely needed to be done to abate graffiti. Councilor directed Staff to prepare a couple of recommendations that include the nuisance as well as address a couple of different options discussed today by Council. Some options were for the City to provide abatement for a minimal fee, provide the product that easily abates graffiti as well as other materials to abate graffiti, possible use of detainees in juvenile detention and volunteers, with a contractor backup, shared responsibility with the City, a graffiti hotline, use Police Department as identifiers and call in graffiti tagging. Item 10b Councilor Roberts Burns invited everyone to attend the District 2 Mayors' Town Hall Meeting December 9, 2008 at Scotland Park School Cafeteria at 7 pm. Councilor Elmore informed that the District 5 Town Hall Meeting was very good. Councilor Elmore hopes everyone had a good Thanksgiving. Councilor Barham asked for ways to obtain public interest on recycling, and suggested placing a question on the water bills. City Manager replied that those water bills are not returned but we can put it on the website and add an estimate of the cost for this program. We will work on that. He informed that staff ahs already contacted S.A.F.B. and obtained information about their recycling program. That will be presented to Council at your Strategic Planning Meeting for direction to staff. Councilor Barham commended Public Information Staff for the annual report brochure. Councilor Hatcher referred to graffiti and stated that he would like to see juvenile detainees be made responsible for graffiti abatement. He asked staff to figure out how this can be done. Councilor Ginnings also commended Public Information on the annual report brochure. Councilor Ginnings also commended Mrs. Lou Franklin and her staff for receiving an award for the largest increase in giving during the United Way drive. This was a job well done. 477 Item 10b continued Councilor Ginnings also commended everyone who helped make the City Lights Parade a successful and fun event. It is something you look forward to. Councilor Smith said that you always hear that there is nothing to do in Wichita Falls, but there is and one way to know about that is to look at the Convention Visitors Bureau Quarterly Report. It has all the events happening in Wichita Falls along with a three month events calendar. There is also a website with all the holiday activities in Wichita Falls "holidayinthefalls.org". Councilor Smith was also very pleased with the year end review publication. I hope we continue to do this. Councilor Smith asked if there was going to be a future agenda item addressing the compost situation. City Manager replied that staff was going to propose an increase in fees to the retailers along with a related item reaffirming the policy that only those participating in the 4 a month waste program will receive the free compost twice annually and all others will have to pay. Anticipate this to be on the next Council meeting. Mayor Lyne stated that he was very happy with the year end brochure. The comments he heard were that it makes folks proud to be citizens of Wichita Falls; they did not know we were that good. Mayor Lyne gave kudos to the Public Information Staff. It is making a big difference in our citizens and our City. Councilor Smith informed that this Saturday there will be an open house at the Jenny Hangar and they will have vintage cars, the Jenny will fly, World War I display, and a lot of other activities going on. This is another one of those many events you can avail yourselves to in Wichita Falls. Item 11 City Council went into Executive Session at 11:58 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 12:08 p.m. Mayor announced that no votes or polls were taken during Executive Session. Item 12a Moved by Councilor Elmore that Mr. Chad Hughes be appointed to the Airport Board of Adjustment, Place 2, with term to expire December 31, 2010. 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 Roberts-Burns that Mr. Gary Diehm and Mrs. Amy Bobrowitz be reappointed to the Airport Board of Adjustment, Place 1 and Place 3, consecutively, with terms to expire December 31, 2010. 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 478 Item 12b Moved by Councilor Barham that Mr. Chuck Dennis be appointed to the Construction Board of Adjustment and Appeals, Place 8, with term to expire December 31, 2011; and that Mr. Jose Garcia be appointed to Place 11 as Alternate 2, with term to expire 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 Moved by Councilor Roberts-Burns that Mr. Kurt Wendeborm. Place 1, Mr. Michael Veresh, Place 6, Mr. Dan Shine, Place 12, and Mr. Clint Byrd, Place 13, be reappointed to the Construction Board of Adjustment and Appeals, with terms to expire December 31, 2011. 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 12c Moved by Councilor Elmore that Mr. Steven Wood, Place 2, Mrs. Christy Graham, Place 3, Mrs. Patricia Sullivan, Place 4, and Mrs. Cindy Cotton, Place 10 be reappointed to the Landmark Commission, with terms to expire December 31, 2011. 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 12d Moved by Councilor Ginnings to designate Councilor Charles Elmore as the Proxy for Mayor Lanham Lyne and Councilor Jim Ginnings on the Nortex Regional Planning Commission for 2008-2009. 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 12e Moved by Councilor Elmore that Mr. Kevin Callahan, Place 4, and Mr. Warren R. Gardner, Place 11, be reappointed to the Planning & Zoning Commission, with terms to expire December 31, 2010. 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 479 Item 12e continued Moved by Councilor Elmore that the following persons be appointed to the Planning & Zoning Commission, with terms to expire December 31, 2010 with the exception of Mr. Jeff Cooper, whose term will expire December 31, 2009. Mrs. Deborah Morrow, Place 1 Mr. Warren Gardner, Place 6 Mr. Jeremy Dorzab, Place 8 Mr. Jeff Cooper as Alternate 1, Place 10 Mr. R.C. Taylor as Alternate 2, Place 11 Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None Item 12f Moved by Councilor Elmore that Mr. Elvin Dudley, Place 7, be reappointed to the Zoning Board of Adjustment, with term to expire December 31, 2010. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Moved by Councilor Hatcher that Mr. Chad Hughes be appointed to the Zoning Board of Adjustment, Place 8, with term to expire December 31, 2010. 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 Item 12g Moved by Councilor Smith that Mrs. Julie Gibson, Place 2, Mr. Rick Wright, Place 3, and Mrs. Penny Miller, Place 5, be reappointed to the Animal Shelter Advisory Committee with terms for Mrs. Gibson and Mrs. Miller to expire December 31, 2010 and term for Mr. Wright to expire December 31, 2009. 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 Item 12h Moved by Councilor Hatcher that Mr. Jim McElvain, Place 2, be reappointed to the Aviation Advisory Board, with term to expire December 31, 2011. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None 480 ' Item 12h continued Moved by Councilor Barham that Mrs. Amy Bobrowitz and Mr. Ross Little be appointed to the Aviation Advisory Board, Place 1 and Place 3 consecutively, with terms to expire December 31, 2011. 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 Item 12i Moved by Councilor Barham that Mrs. Cari Beesinger be appointed to the Library Advisory Board, Place 5, with term to expire July 31, 2011. 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 Item 120 Moved by Councilor Ginnings that Mr. Ashton Gustafson, Place 3, Mr. Larry Sanner, Place 4, and Mr. Michael Latham, Place 5 be reappointed to the MPEC Advisory Board, with term for Gustafson to expire December 31, 2009, and terms for Mr. Sanner and Mr. Latham to expire December 31, 2010. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 12k Moved by Councilor Ginnings that Mr. Robert Riddle, Place 1, be reappointed to the Park Board, with term to expire December 31, 2011. 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 Moved by Councilor Ginnings that Mr. John Hirschi be appointed to the Park Board, Place 3, with term to expire December 31, 2011. 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 • • • 481 Item 121 Moved by Councilor Ginnings that Mr. Charles Byars, Place 11, Mr. David Brock, Place 13, and Mr. Kevin Callahan, Place, 15, be reappointed to the Traffic Safety Commission, with terms to expire December 31, 2011. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Bums, Hatcher, Ginnings and Elmore Nays: None Item 12m Moved by Councilor Barham that Mr. Arnold Oliver, Place 2, and Mr. Kerry Maroney, Place 6, be reappointed to the Water Resources Commission, with terms to expire December 31, 2010. Motion seconded by Councilor Hatcher and carried by the following vote. Item 12m continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None Item 12n Moved by Councilor Elmore that Mrs. Lauren Jansen, Place 2 and Dr. Richard Sutton, Place 5, be reappointed to the Wichita County/City of Wichita Falls Health Board, with terms to expire December 31, 2010. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and Elmore Nays: None City Council adjourned at 12:25 p.m. PASSED AND APPROVED this�=day of ` i w r t 2008. MAYOR ATTEST: is Ozuna ty 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, December 2, 2008 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: Joe Williams, Minister Edgemere Church of Christ (b) Pledge Of Allegiance 3. Presentation Of Employee Of The Month — Jon Miller - Library 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 (a) November 4, 2008 Regular Meeting Of The Mayor And City Council (b) November 18, 2008 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolution Authorizing The Purchase Of 1944 Refuse Carts From Rehrig Pacific Company, Through The Houston-Galveston Area Council Purchasing Cooperative (Council Bill #257) 7. Receive Minutes (a) Public Health Board, August 22, 2008 (b) Park Board, September 25, 2008 City Council Agenda Tuesday, December 2, 2008 Page 2 (c) Construction Board of Adjustments & Appeals, October 23, 2008 REGULAR AGENDA 8. Ordinances (a) Ordinance Approving An Electric Power Contract With Cities Aggregation Power Project, Inc. ("CAPP") For Electric Capacity And Energy (Council Bill #258) (b) Ordinance Amending The City Code Relating To The Regulation Of Billboards (Council Bill #259) (c) Ordinance Amending The City Code To Increase The Nightly Fee At The Scotland Park RV Park From $10 To $15 (Council Bill #260) (d) Ordinance Authorizing The City Manager To Accept $8,775 In Grant Funds From The Texas Department Of State Health Services For The Purchase Of Nine (9) Automatic External Defibrillators For The Wichita Falls Fire Department. (Council Bill #261) 9. Resolutions (a) Resolution Determining The Necessity For The Acquisition Of Property Adjacent To Riverside Cemetery For The Purpose Of Expansion And Beautification, And Authorizing Purchase Or Condemnation (Council Bill #262) (b) Resolution Approving An Agreement With Metal Treatment Technologies (MT2) For Lead Abatement Services At The Wichita Falls Police Department Firing Range (Council Bill #263) (c) Resolution To Award A Bid And Contract For The Study Of The Wichita River Within The City Of Wichita Falls To The U.S. Geological Survey (Council Bill #264) 10. Other Council Matters (a) Staff Council Discussion (1) Discuss Graffiti Abatement. (b) Discussion Of Items Of Concern To Members Of The City Council. City Council Agenda Tuesday, December 2, 2008 Page 3 11 . Executive Session To Consider Qualifications Of Possible Appointees To The Following Boards And Commissions As Authorized By Section 551 .074 Of The Texas Government Code: (a) Airport Board of Adjustment (b) Construction Board of Adjustment & Appeals (c) Landmark Commission (d) Nortex Proxy Designation (e) Planning & Zoning Commission (f) Zoning Board of Adjustment 12. Open Session: Appointments To The Following Boards And Commissions: (a) Airport Board of Adjustment (b) Construction Board of Adjustment & Appeals (c) Landmark Commission (d) Nortex Proxy Designation (e) Planning & Zoning Commission (f) Zoning Board of Adjustment (g) Animal Shelter Advisory Committee (h) Aviation Advisory Commission (i) Library Advisory Board 0) MPEC Advisory Board (k) Park Board (1) Traffic Safety Commission (m) Water Resources Commission (n) Wichita County/City of Wichita Falls Health Board 13. 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. City Council Agenda Tuesday, December 2, 2008 Page 4 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 2008 at o'clock (a.m.)(p.m.). City Clerk