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Min 07/01/2008 357 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 01, 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: Charles Elmore - Mayor Pro Tern - Councilors Glenn Barham - Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Jim Ginnings - Darron Leiker - City Manager Julia Vasquez - Assistant City Attorney Lydia Ozuna - City Clerk Mayor Lanham Lyne - Absent Mayor Pro Tern Elmore called the meeting to order. Item 2a Pastor Harvey McMurry, City View Baptist Church, gave the invocation. Item 2b Councilor Roberts-Burns led in the Pledge of Allegiance. Item 3 Mrs. Janet Conley, Senior Engineering Technician, Public Works Utilities Administration, was recognized as Employee of the Month for July 2008. Mayor Pro Tem presented Mrs. Conley with a plaque, a check, and restaurant certificates. Item 4 Max Yancey, #3 Karen Court, expressed concern about people who plant trees that become overgrown into neighbor's property. He asked that Council consider amending the Ordinance relating to trimming trees back to the property line to provide notification to a property owner that his trees are interfering with the neighbor's property and that it is tree owner's responsibility to pay for trimming their trees. Scott Storm, 4806 Kemp, stated that the City has brought an Industrial Park to the citizens and we cannot take care of the businesses we currently have. The current economic condition has caused businesses to go out especially small businesses. Small businesses donate to the numerous athletic teams like soccer, basketball, baseball, and we are the bloodline of Wichita Falls. If you go ahead with your Industrial Park, you need to look at the existing businesses and their needs. We are being killed with taxes and we cannot even do business with the City. You need to look at where you want to take this City. The Industrial Paris may be a benefit to the City and it may not; it may sit like an albatross because of the economic situation. We use 4A and 4B funds to fund 358 Item 4 continued the elite; you need to look at funding a small business committee to meet with a Council liaison. I think the Industrial Park may be a benefit to the City but always remember "who brought you to the dance". Item 5 Minutes of the June 17, 2008 City Council meeting were approved as distributed. Item 6 A public hearing was held regarding the proposed annexation of approximately 528.09 acres of land generally defined as being to the East of Hammon Road, to the North of Hammon Ranch Road, and to the South of the existing City limits along Central Freeway East, and contains the property commonly referred to as the Wichita Falls Business Park and the property commonly referred to as Stanley Tools. Mayor Pro Tern declared the public hearing open. Mr. Dave Clark informed that after much discussion with the Board of Commerce & Industry, the 4A Board and staff, it was concluded that it was in the City's best interest to annex the developed Business Park. A Service Plan was presented to Council on how the additional area could be serviced that would not tax the already existing services. Consequently this area is being presented for your consideration and to give folks a chance to speak on the expansion of the City limits to include this area. Mr. Clark noted that the City's established policy is that when an area is annexed it becomes automatically the most limited zoning district which is Single Family Residential. Since that is not the intention, there is action already going through to Planning & Zoning, pending annexation approval. to a more appropriate zoning. Mayor Pro Tern asked for additional comments. There being none Mayor Pro Tern declared the public hearing closed. Item 7 A public hearing was held to receive comments concerning the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) Funds in a previously approved consolidated plan. Mayor Pro Tern declared the public hearing open. Mr. Clark stated that when it comes to the use of these funds, the City is an entitlement community, which we are told when we receive funds. He reported that $1,404,776 will be receiving, as well as $498,813 in HOME Funds, and we have $216,000 available to reallocate. There is an Outside Agency Committee made up of Councilors Smith, Roberts-Burns and Hatcher. He expressed appreciation to the Council Sub-Committee for their action and consideration and their time spent to meet with all the applicants. We received requests for more funding than we have, as well as limitations for the money for administration use and public service. He enumerated the Committee's recommendations for the use of these funds. Dee Decker, Non Profit Center Executive Director, requested that Council reconsider funding them $6,000 for their Non Profits Scholarship Program for board training. Mrs. Debbie White, Mrs. Mary Stengel, and Mrs. Sandy Shawver enumerated the reasons for this need and the use of the scholarships. Councilor Ginnings asked what other sources of funding they had. Mrs. Decker informed that other sources of funding were fees for services, grants, United Way, and private funds. Councilor Ginnings asked if they had received CDBG funding last year. Mrs. Decker replied that they had received $6,000 and the reason they were not funded this year were lack of funds. Mr. Clark concurred, adding that the Non Profit Center did use the scholarships for not for profits that were low to moderate income. CDBG funds have been reduced and if Council funds this request, it would have to come out of General Fund. Council can make changes to the allocation if you so wish. ` 359 Item 7 continued Mayor Pro Tern asked for additional comments. There being none, the Mayor Pro Tern declared the public hearing closed. Item 8a ORDINANCE NO. 34-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR TUBERCULOSIS CONTROL RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $8,370 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. 34 -2008 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 8b ORDINANCE NO. 35-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED ONE-HUNDRED THOUSAND DOLLARS ($100,000) TO DOWNTOWN WICHITA FALLS DEVELOPMENT, INC. (DWFD, INC.) FOR STAFFING AND OPERATIONAL PURPOSES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT; 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. 35-2008 be passed. Motion seconded by Councilor Smith. Mr. Dave Clark informed that this program would end December 31, 2008 and no more funds would be coming in. There is interest to create another Tax Increment Finance District and that would depend on an increment. Councilor Roberts-Burns expressed an interest that the next Tax Increment Finance district be in District 2 to bring business into that area. Councilor Elmore also expressed a desire to have a Tax Increment Finance district in District 5. Motion carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None City Council recessed at 9:30 a.m. and reconvened at 9:50 a.m. 360 Item 9a RESOLUTION NO. 98-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION TO THE TIMEFRAME FOR A TAX INCREMENT FINANCE (TIF) FUND #1 CONTRACT WITH THE WICHITA FALLS BACKDOOR PLAYERS FOR MAJOR CAPITAL IMPROVEMENTS TO THE BACKDOOR THEATRE AT 501 INDIANA STREET; 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. 98-2008 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 9b RESOLUTION NO. 99-2008 RESOLUTION GRANTING A 600 SQUARE FOOT EASEMENT LOCATED ACROSS AVENUE M BETWEEN 2213 GRANT STREET AND 2301 GRANT STREET TO DILTZ FAMILY HOLDINGS, LLC MORE SPECIFICALLY DESCRIBED IN THE ATTACHED EXHIBIT "A" AND EXHIBIT "B"; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 99-2008 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None City Manager moved Items 9h and 9i up to be considered at this time. Item 9h RESOLUTION NO. 104-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN AGREEMENT WITH A.P.G.L., INC. FOR INTERIM MAINTENANCE SERVICES AT THE CHAMPIONS COURSE AT WEEKS PARK GOLF COURSE; 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. 104-2008 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Pro Tem Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None ' 361 Item 9i RESOLUTION NO. 105-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN AGREEMENT FOR MANAGEMENT SERVICES WITH A.P.G.L., INC. FOR THE CHAMPIONS COURSE AT WEEKS PARK GOLF COURSE; 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. 105-2008 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 9c RESOLUTION NO. 100-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AUTHORIZE THE CITY MANAGER TO EXECUTE TWO LEASE AGREEMENTS WITH CHOICE WIRELESS, L.C. DBA AMERILINK WIRELESS FOR THE PLACEMENT OF CELL ANTENNAS AT 3904 LAWRENCE ROAD AND 509 BEVERLY STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 100-2008 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 9d RESOLUTION NO. 101-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE FOURTH AMENDMENT TO A WATER PURCHASE CONTRACT WITH THE CITY OF BURKBURNETT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 101-2008 be passed. Motion seconded by Councilor Smith. Calculations of use versus request and well productions, as well as sale of water to Oklahoma were discussed at length. Mr. Mike Whaley, Public Works Director from the City of Burkburnett, was present and provided information on their request. Councilor Ginnings suggested considering a one year contract and revisiting this at that time. 362 Item 9d continued Moved by Councilor Ginnings to amend the proposed resolution by inserting a one year term on the Fourth Amendment to the Water Purchase Contract with the City of Burkburnett. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None It was noted that this amendment would apply only to the Fourth Amendment and not the Water Purchase Contract itself. Main motion as amended carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 9e RESOLUTION NO. 102 -2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY TO PARTICIPATE IN A DEFERRED COMPENSATION PROGRAM OFFERED BY NATIONWIDE RETIREMENT SOLUTIONS PURSUANT TO SECTION 457 OF THE INTERNAL REVENUE CODE; 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. 102-2008 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 9f A proposed resolution was presented adopting the City of Wichita Falls portion of the Nortex Regional Mitigation Action Plan. Moved by Councilor Barham that proposed resolution be passed. Motion seconded by Councilor Ginnings. Mr. Dave Clark informed that the Governor's Office had told them that it would be approved by FEMA, however, it has not been approved by FEMA. This item will not be placed on the agenda again until it has been approved by FEMA. Moved by Councilor Barham that this item be tabled. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None 363 Item 9g Appointments to the Hospital Board will be considered in Executive Session and action will be taken following the Executive Session. Item 10a Fire Chief Foster gave a report on the ambulance response times. He reported that AMR is meeting contract requirements. Fire Chief Foster reported that 1300 people have registered for the Code Red Weather Notification, and encouraged everyone in the City to sign up. City Manager stated that we had a good response but he would like to have everyone in the City signed up. City Manager reminded that there would be a Council Pre-Budget workshop next Tuesday beginning at 8:30 a.m. Item 10b Councilor Roberts-Burns informed that there will be a town hall meeting July 28 at 5:30 p.m. at the Martin Luther King Center to sign up for the Code Red Weather Notification. Councilor Roberts-Burns wished everyone a safe and happy 4th of July. Councilor Barham received a call from a citizen regarding hanging limbs on the street and a concern that he was being singled out on that block. Mr. Dave Clark will look into that. Councilor Hatcher encouraged everyone to attend the SAFB Freedom Fest activities; gates open at 3 p.m. He also mentioned the 25th Annual Kell House 4th of July Celebration. The parade will begin at 9 am. and he encouraged everyone to attend. Councilor Hatcher thanked Mrs. Decker, Mrs. White, Mrs. Stengle, and Mrs. Shawver who came to talk about their need for the $6000 for the Non-Profit Scholarship Program. Due to the cap in CDBG funds in order to provide the $6000 it would have to come from General Fund. This is a very important program and there should be somebody out there to take care of that so we do not have to encumber General Fund dollars. Mr. Jim Dockery informed that there is a resolution that prohibits donating to organizations unless the City had a hand in creating that organization. He stated that if Council wishes they can amend that resolution. Councilor Hatcher commented that we would need someone to step up and help with tht $6000 request. Councilor Ginnings referred to the CDBG funds and the Adult Day Care and asked that we take a look at this and find some money within this appropriation to help the Adult Day Care. Mr. Clark stated that they had considered that and we learned from the Senior Citizens' group of their struggle to keep that going. The cost per individual is astronomical, and the only place to take that from is Meals on Wheels Program and Child Care, Inc. The Senior Citizens' group decided to discontinue that program because they could not afford it. Councilor Ginnings said he was aware of that; it is a very trying and arduous program. It is just a measure of funding. He wishes that people would step forward because these are helpless people. When you look at the Administration allowances and cost, $280,000 is 28% of the budget and that would kill any other organization that is not federal. Would it be possible to simplify procedures where we could put more into this program: I would take that up with our congressman to cut the requirements. City Manager commented that it is mostly staff and there is no idle time. Councilor Smith stated that having set on the Outside Agency Committee, he agrees with what others have said. We need to speak with our Congressman and Representative so they can cut this onerous paper work on staff and maybe we can use that money for Adult Day Care programs. I would like to see Council send out one of those "hot letters" to them. 364 , Item 10b continued Mr. Dockery said that so much of what Administration and staff has to do is to monitor outside agencies and they have to prove up what they are doing. It is a requirement put on us and we have to monitor these organizations. It is onerous on us to have to administer that program. Councilor Smith informed that the proposed feral cat program ordinance will be placed on the agenda sometime in August. Councilor Smith reminded everyone that the new bus routes will begin July 7 and free rides will be offered that week. Councilor Smith informed that the Curtis Jenny Project continues and opens July 12 from 10 a.m. to 2 p.m. and will be open every Saturday. He invited everyone to go out on any Saturday. They plan to fly the Jenny the first Saturday of each month. Councilor Smith encouraged everyone to attend the SAFB Freedom Fest and enjoy the fireworks out there July 4. Police Chief reminded everyone that it is illegal to possess or set off fireworks inside the City limits. We will have extra officers out this holiday and will be looking for those folks. The fine is $200 to $500. Fire Chief concurred with the Police Chief. He cautioned everyone to be careful; these things can be very dangerous to lives and property. Police Chief added that a person could be held liable for any damage. Councilor Smith said that the opening of the Skate Park was a wonderful activity; there was a great turn out. It is an amazing structure. Mayor Pro Tern Elmore commented that he went by the Skate Park and there were about 30-40 kids out there last night. Mayor Pro Tern Elmore reinforced that it is definitely illegal to set off fireworks inside the City limits. City Council went into Executive Session at 11:14 a.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:32 a.m. Mayor Pro Tern Elmore announced that no votes or polls were taken during Executive Session. Item 12a Moved by Councilor Hatcher to reappoint Mr. Dave Lilley, Place 3, and Mr. Gary Shores, Place 4, to the Wichita Falls Economic Development Corporation with terms to expire July 31, 2011. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Pro Tem Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 12b Moved by Councilor Ginnings to reappoint Mr. Randy Schaffner, Place 3, and Mr. Darron Leiker, Place 4, to the 4B Sales Tax Corporation with terms to expire July 31, 2010, and to appoint Mr. Charles Elmore to Place 6, with term to expire July 31, 2010 Motion seconded by Councilor Hatcher and carried by the following vote. " 365 ` Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 12c RESOLUTION NO. 103-2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPOINTING DIRECTORS TO THE WICHITA COUNTY/CITY OF WICHITA FALLS, TEXAS, HOSPITAL BOARD; DESIGNATING TERM OF OFFICE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Ginnings that Resolution No. 103-2008 be passed by inserting Lanham Lyne, Place 2, and Howard Farrell, Place 3, in the blanks. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 12d Moved by Councilor Roberts-Burns to appoint Councilor Jim Ginnings to Place 2 of the Nortex Regional Planning Commission. Term expires when Councilor Ginnings' term expires on the Council. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 12e Moved by Councilor Hatcher to appoint Mr. Jose Garcia to Place 2 and Mr. Dustin Nimz to Place 6 of the Zoning Board of Adjustment with terms to expire December 31, 2010. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 12f Moved by Councilor Smith that the following persons be reappointed to Arts Commission, with all terms to expire July 31, 2010 Dr. Larry Sharp— Place 3— Backdoor Theater Mr. Ken Van Low— Place 4— Heritage Society Dr. Ron Fischli — Place 5— Midwestern State University Mrs. Marsha Dillon — Place 6—W.F. Art Association Mrs. Catherine Prose—Place 11 —At Large and that the following persons be appointed with terms to expire July 31, 2010: Mrs. Imma J. Alexander, Place 7, Museum of N.T. History Mr. John Alexander, Place 9, At-Large, 366 Item 12f continued Mrs. Linda Bates, Place 10, At Large Mrs. Peggy Browning, Place 12, At Large Rev. Kevin Tiaden, Place 14, At Large Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 12g Moved by Councilor Ginnings to appoint Mr. Glenn Beavers to Place 7 of the Aviation Advisory Board with term to expire December 31,2010. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 12h Moved by Councilor Barham to appoint Mrs. Betsi Moore Lujan to Place 7 of the Emergency Medical Services Advisory Board with term to expire December 31, 2009. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Pro Tern Elmore, Councilors Barham, Smith, Roberts-Burns, Hatcher, and Ginnings Nays: None Item 12i No appointments were made to the Housing Authority Board. Item 12i Moved by Councilor Barham to reappoint Mr. James Tillman, Place 4, and Mrs. Alison Reynolds, Place 5, to the Library Advisory Board with terms to expire July 31, 2011 and to appoint Mrs. Amy Bobrowitz to Place 9 with term to expire July 31, 2011. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council adjourned at 11:45 a.m. ' 367 PASSED AND APPROVED this day of 2008. G RO 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 1 , 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: Pastor Harvey McMurry City View Baptist Church (b) Pledge Of Allegiance 3. Presentation - Employee Of The Month - Janet Conley, Public Works Utilities Administration 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 17, 2008 Regular Meeting Of The Mayor And City Council. REGULAR AGENDA 6. Public Hearing Regarding The Proposed Annexation Of Approximately 528.09 Acres Of Land Generally Defined As Being To The East Of Hammon Road, To The North Of Hammon Ranch Road, And To The South Of The Existing City Limits Along Central Freeway East, And Contains The Property Commonly Referred To As The Wichita Falls Business Park And The Property Commonly Referred To As Stanley Tools. City Council Agenda Tuesday, July 1, 2008 Page 2 7. Public Hearing To Receive Comments Concerning The Proposed Use Of Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) Funds In A Previously Approved Consolidated Plan. 8. Ordinances (a) Ordinance Making An Appropriation To The Special Revenue Fund For Tuberculosis Control Received From The Department Of State Health Services In The Amount Of $8,370 (Council Bill #139) (b) Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $100,000 To The Downtown Wichita Falls Development, Inc. (DWFD, Inc.) For Staffing And Operational Purposes And Authorizing The City Manager To Execute An Agreement (Council Bill #140) 9. Resolutions (a) Resolution Authorizing The City Manager To Execute An Extension To The Timeframe For A Tax Increment Finance (TIF) Fund #1 Contract With The Wichita Falls Backdoor Players For Major Capital Improvements at The Backdoor Theatre - 501 Indiana Street (Council Bill #141) (b) Resolution Granting A 600 Square Foot Easement Located Across Avenue M Between 2213 Grant Street and 2301 Grant Street To Diltz Family Holdings, LLC More Specifically Described In the Attached Exhibit "A" And Exhibit "B" (Council Bill #142) (c) Resolution To Authorize The City Manager To Execute Two Lease Agreements With Choice Wireless, L.C. DBA Amerilink Wireless For The Placement Of Cell Antennas At 3904 Lawrence Road And 509 Beverly Street (Council Bill #143) (d) Resolution of the City Council of the City of Wichita Falls, Texas, Approving the Fourth Amendment to a Water Purchase Contract with the City of Burkburnett (Council Bill #144) (e) Resolution Authorizing The City To Participate In A Deferred Compensation Program Offered By Nationwide Retirement Solutions Pursuant To Section 457 Of The Internal Revenue Code (Council Bill #145) City Council Agenda Tuesday, July 1, 2008 Page 3 (f) Resolution Adopting The City Of Wichita Falls Portion Of The Nortex Regional Mitigation Action Plan (Council Bill #146) (g) Resolution Appointing A Director To The Wichita County/City Hospital Board. (Council Bill #147) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 11 . Executive Session Consider Qualifications Of Possible Appointees To The Following Boards And Commissions As Authorized By Section 551 .074 Of The Texas Government Code: (a) 4A Wichita Falls Economic Development Corporation (b) 4B Sales Tax Corporation (c) Wichita Falls-Wichita County Hospital Board (Resolution) (d) Nortex Regional Planning Commission (e) Zoning Board of Adjustments 12. Open Session: Appointments To The Following Boards And Commissions: (a) 4A Wichita Falls Economic Development Corporation (b) 4B Sales Tax Corporation (c) Wichita Falls-Wichita County Hospital Board (Resolution) (d) Nortex Regional Planning Commission (e) Zoning Board of Adjustments (f) Arts Commission (g) Aviation Advisory Board (h) Emergency Medical Services Advisory Board (i) Housing Authority 0) Library Advisory Board 13. Adjourn City Council Agenda Tuesday, July 1, 2008 Page 4 Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2008 at o'clock (a.m.)(p.m.). 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 1, 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. ADDENDUM TO REGULAR AGENDA 9. (h) Resolution Approving An Agreement With A.P.G.L., Inc. For Interim Maintenance Services At The Champions Course At Weeks Park Golf Course (Council Bill #148) (i) Resolution Approving An Agreement For Management Services With A.P.G.L., Inc. For The Champions Course At Weeks Park Golf Course (Council Bill #149) Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 2008 at o'clock (a.m.)(p.m.). City Clerk