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Min 12/04/2007 215 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 4, 2007 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 Ray Gonzalez - Mayor Pro Tern Councilors Glenn Barham - Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore - Michael Smith - Absent Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Reverend J. Rhodes Stipp, Pastor Fain Presbyterian Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mrs. Susie Vetter, Legal Department Clerk, was recognized as Employee of the Month for December 2007. Mayor presented Mrs. Vetter with a plaque, a check, and restaurant certificates. Item 4 Larry Gunnell, #7 Brenna Dr, spoke on the Civil Air Patrol, stating that the Civil Air Patrol had been here since the 1950's and is congressionally chartered as a 501 c(3). We are working with the City administration to formalize a closer working relationship. He thanked the City Manager and staff for working with them. He would like to present some additional written background to the Council and wanted to know how to submit it. Mayor informed him to submit it to the City Clerk or the City Manager's Office. Mayor expressed appreciation to the Civil Air Patrol for the work they do. John Key, 2400 Wenonah, also spoke on the Civil Air Patrol, stating that they would submit a written proposal to Council and would appreciate their consideration. I am new with the Civil Air Patrol but very impressed with them. There are issues that need to be addressed so that the Civil Air Patrol can remain here and have a plane in Wichita Falls and be able to fulfill its mission for this community. 216 Item 4 continued Randal Stafford, 1882 FM 1177, thanked Council for everything they do for the City. As a member of the Civil Air Patrol we certainly are here and we do have an aircraft; and at some point, if the need arises, we would like to provide that service to the City and the County. Item 5a-c The November 12, 2007, November 14, 2007, and November 20, 2007 minutes were approved as distributed. Items 6-7 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 Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6 RESOLUTION NO. 177-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF VARIOUS TWO-WAY RADIO PARTS AND COMPONENTS FROM DAILEY AND WELLS COMMUNICATIONS IN THE AMOUNT OF $162,284.50; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 7 Minutes of the Animal Advisory Committee, September 6, 2007 meeting were received. Item 8a A public hearing was held for the FY 2007-2008 Transit Grant for Capital, Planning and Operating Assistance. Mayor Lyne declared the public hearing open. John Burrus, Director Aviation, Traffic and Transportation, informed that a second public hearing will be held December 6 at the Public Library at 6 p.m. He pointed out that this public hearing was a Federal Transit Administration and TXDOT requirement before funds can be allocated to a transit system. This is a standard procedure that we have to follow every year. Mr. Burrus explained the procedure on how this allocation of funds will be processed. He noted that the listed projected budget of a little over$2 million is much higher than the $1.6 million approved in the 2007-2008 Budget; this also is not unusual. We typically ask for the full allotment to the City of Wichita Falls that the federal government can give us. Once we have a determination on the exact federal allocation, Council will consider an ordinance accepting the grant itself, which typically happens in the spring. At that time Council will accept the grant and the values represented in the 2007-2008 budget, generally $350,000 - $400,000 less than the federal allocation we receive. We try to keep a balance there so that if something unforeseen comes up we can bring it back to the Council and with your approval use that money. Mr. Burrus informed that they should be ready for public hearings in early January for the new proposed transit routes, and they want citizen input. 217 Item 8a continued Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 8b A public hearing was held to determine if certain buildings and/or structures are dangerous. Mr. Dave Clark explained the procedure noting that there was one property owner present to speak. Mayor asked that they go through each property asking for public comments. The following is the only property that was addressed by a property owner. Item 10 - 2185 Avenue L, Property Owner George Mares, 1312 Hunt, requested additional time to restore this structure noting that it will be used for storage. He is in the process of evicting the renter in the front structure, 2201 Sheppard. Council mentioned a possible 60-90 additional days and if it is not resolved that it be brought back to them. Mr. Clark stated that Mr. Mares would need a Restoration Permit and would need to have a licensed contractor do the work if he does not reside there. Mr. Mares stated that he is getting ready to move into the front property at 2201 Sheppard. Mr. Teague informed that technically those are two separate properties and he needs to have a contractor if he does not reside on the property. Councilor Gonzalez brought up the option of a replat. Mayor asked Mr. Teague to get more information on the various options and that this be placed on the first or second Council meeting in January 2008. Mayor asked Mr. Mares to get with Mr. Teague to see what options are available. Councilor Elmore asked about the property at the corner of Fourth and Scott Streets, the old motel next to MPEC. Mr. Teague provided an update stating that the owner had placed a new roof on it and is in the process of trying to sell it. Councilor Elmore said that it was very unsightly with tall weeds and trash. Mr. Clark stated that he will have Code Enforcement look into that. Mr. Teague informed that the City has issued letters on that property and they are still on their ten-day grace period. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 9 ORDINANCE NO. 102-2007 ORDINANCE FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; REQUIRING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY; 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. 102-2007 be passed. Motion seconded by Councilor Gonzalez. Moved by Councilor Barham to amend the proposed ordinance by tabling Item 10, 2185 Avenue L, until either the first or second Council meeting in January 2008, and that this property be brought back to Council at that time. Motion seconded by Councilor Gonzales and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 218 ' Item 9 continued Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10a RESOLUTION NO. 178-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, EXPRESSING THE CITY'S STRONG OPPOSITION TO TERRORISM AND ITS COMMITMENT TO CIVIL RIGHTS AND LIBERTIES; 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. 178-2007 be passed. Motion seconded by Councilor Barham. Councilor Gonzalez stated that personally he did not think he needed to be voting on this because he took an oath when he went into the service that he would defend the constitution and this country, and I believe I have done that. I do not think I should impose my feelings on the entire City in other words saying that these seven Council members believe that we should make a vote that represents the whole community when we are really not voting as a whole community. He felt it should be a separate vote for the citizens to vote on as a referendum or however it would be at our next City election. Councilor Elmore disagreed stating that he believes this resolution is a resolution of the City Council of the City of Wichita Falls. It is our stipulation that yes we have sworn an oath to defend the constitution. This is not something that everybody in town had to do; each one of us individually did that. I swore that same oath when I was in the service, to defend the constitution of the United States and this country. I feel this is most appropriate for the City Council to resolve this particular resolution. He thanked Councilor Barham for doing a good job of drafting this resolution. I think it is very appropriate for the Council to approve this resolution as a Council resolution. It does not put any onus or binding on any citizens of the City of Wichita Falls, although it would not hurt my feelings if everybody in town stood up and swore to defend this country and the constitution of the United States . Motion carried by the following vote. Ayes: Councilors Barham, Roberts-Burns, Hatcher, and Elmore Nays: Mayor Lyne and Councilor Gonzalez Item 10b RESOLUTION NO. 179-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; AUTHORIZING THE PURCHASE OF A HEAVY RESCUE / HAZ-MAT VEHICLE, APPROVED THROUGH THE FEMA ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM, FROM HALL MOTORS DOING BUSINESS AS FERRARA FIRE APPARATUS INCORPORATED, IN THE AMOUNT OF $325,000. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Gonzalez that Resolution No. 179-2007 be passed. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and 219 Item 10b continued Elmore Nays: None Item 10c RESOLUTION NO. 180-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR RE-ROOFING THE CENTRAL SERVICES COMPLEX TO LYDICK-HOOKS ROOFING IN THE AMOUNT OF $118,736.00; 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. 180-2007 be passed. Motion seconded by Councilor Gonzalez. City Attorney informed that this was a best value bid. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10d RESOLUTION NO. 181-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 TO THE CYPRESS WATER TREATMENT PLANT 10MG CONCRETE GROUND STORAGE TANK PROJECT, CWF06-544-06 IN THE AMOUNT OF $434,585.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 181-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10e RESOLUTION NO. 182-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE JASPER WATER TREATMENT PLANT NEW FIVE MILLION GALLON CLEARWELL PROJECT CWF07-544-18; 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. 182-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. 220 Item 10e continued Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council recessed at 9:30 a.m. and reconvened at 9:45 a.m. Item 10f RESOLUTION NO. 183-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF AN ALTERNATE DAILY COVER APPLICATOR AND STORAGE SILO FROM LANDFILL SERVICE CORPORATION IN THE AMOUNT OF $83,600.00.; 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. 183-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10q RESOLUTION NO. 184-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONFIRMING APPOINTMENTS TO THE FIREFIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Gonzalez that Resolution No. 184-2007 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10h RESOLUTION NO. 185-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS REAPPOINTING TWO MEMBERS TO SERVE ON THE WICHITA APPRAISAL DISTRICT BOARD OF DIRECTORS; 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. 185-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. 221 Item 10h continued Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10i RESOLUTION NO. 186-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AMENDMENT TO THE 2007-2008 BUDGET OF THE 4B BOARD IN THE AMOUNT OF $5,600,000 FOR A MOBILE DATA TERMINALS SYSTEM; 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. 186-2007 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10i RESOLUTION NO. 187-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH MICROWAVE DATA SYSTEM FOR THE PURCHASE AND INSTALLATION OF A WIRELESS DATA COMMUNICATIONS INFRASTRUCTURE; 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. 187-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10k RESOLUTION NO. 188-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH INTERGRAPH PUBLIC SAFETY FOR THE PURCHASE AND INSTALLATION OF SOFTWARE FOR THE CITY'S MOBILE DATA TERMINALS PROJECT; 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. 188-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. 222 Item 10k continued Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 101 RESOLUTION NO. 189-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN A CONSTRUCTION CONTRACT WITH GRINDLINE SKATEPARKS FOR THE CONSTRUCTION OF A CONCRETE SKATE PARK; 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. 189-2007 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 11 a Mr. Scott Taylor gave a detailed report on the pressure problem at Stone Lake Addition. He will provide Council a written report. The results were that no water pressure problems were found in that area, but it will continue to be monitored. Item 11 b Councilor Roberts-Burns said she has continued to receive complaints about lengthy delays at the 7th Street train crossing. City Attorney informed that the City of Houston was contacted who has a train watch program because they also have train crossing problems. The case law in our circuit says that our Ordinance is unenforceable. We contacted Burlington Northern and they promised to the extent that they can to cooperate, but we are somewhat subject to their mercy. We also contacted the Federal Railroad Administration but they have no leverage over Burlington Northern, however, they will call and talk to them. The National League of Cities is asking Congress to pass some legislation to address this issue. We will watch to see where that goes. We have very little leverage to do anything about this issue. Councilor Roberts-Burns asked for an update on the property swapping relating to the flood. Mr. Dave Clark informed that he is going to meet with the WFISD and then their Board will address it; it should be done in the next few weeks. Councilor Elmore asked for some ideas of what we can do behind the skate park in the way of landscaping once it is completed. Mr. Jack Murphy replied that they have irrigation proposed and plan to plant some trees; anything more would require a budget adjustment. Councilor Elmore mentioned the animal ordinance that does not allow non human primates in our City limits. Mrs. Lou Franklin stated that the ordinance refers to them as wild animals. Councilor Elmore said he would like to see the ordinance amended to allow for primates less than 20 lbs. Mrs. Franklin informed that she had sent Council a memo regarding that issue. City Manager suggested that after Council reads Mrs. Franklin's memo that three of the Council members can ask that this be placed on the agenda. 223 Item 11 b continued Councilor Barham wished Rider High School good luck at their Saturday night football game. Councilor Hatcher also wished Rider High School luck. Councilor Hatcher stated that the MPEC signs will be up pretty soon; they will be a good addition. Mr. Bob Sullivan said that the signs are in transit and should be here and up around the 16th of this month. Councilor Gonzalez echoed Councilors Barham and Hatcher's good luck wishes for Rider High School. Councilor Gonzalez asked for an update on the cover for Spudder Park. Mr. Jack Murphy informed that it should be constructed within the next few months and ready for next summer. It was delayed because it was in the flood plain and we had to comply with federal guidelines. He hopes to have this project done in-house. Councilor Gonzalez asked if that was from last year's budget. Mr. Clark replied that it was and a full environmental review was done and we now have clearance to proceed. Mayor Lyne informed that the Dental Mobile Van will be available December 1 with all the equipment. It is a great project. Mayor Lyne wished Rider High School luck and asked everyone to get behind them and let people know that we are a great City and that this a great place to live. He encouraged citizens to show that our spirit is quality and quantity. Item 12 City Council went into Executive Session at 10:40 a.m. as authorized by Section 551.074 and of the Texas Government Code to consider qualifications of possible appointees to the following Boards/Commissions. City Council reconvened at 11:19 a.m. Mayor announced that no votes or polls were taken during Executive Session. Item 13a Moved by Councilor Gonzalez to reappoint the following members to the Airport Board of Adjustment with terms to expire as set out. Mr. Rick Boone, Place 1, term expires December 31, 2008, Mr. Preston Giles, Place 4, term expires December 31, 2009, Mr. Michael Slye, Place 5, term expires December 31, 2009. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13b Moved by Councilor Gonzalez to reappoint the following members to the Construction Board of Adjustment &Appeals with terms to expire December 31, 2010. Mr. John Glover, Place 3 Mr. Danny Richardson, Jr., Place 4 Mr. Tommy Ayers, Place 9 Mr. Harris Pink, Place 10 (Alternate 1) Mr. Chuck Dennis, Place 11, (Alternate 2) 224 Item 13b continued Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, and Gonzalez Nays: Councilor Elmore Item 13c This item was handled under the Regular Agenda. Item 13d Moved by Councilor Gonzalez to appoint the following members to the Landmark Commission with terms to expire as set out. Mr. Steve Wood, Place 2, term expires December 31, 2008 Mrs. Marilyn Carper, Place 7, term expires December 31, 2010. Appointment to Place 5 will be considered at the next Council meeting. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13e Moved by Councilor Gonzalez to reappoint the following members to the Planning & Zoning Commission with terms to expire December 31, 2009. Mr. Ken Dowdy, Place 2 Mr. Larry Ash, Place 3 Mr. John Stephenson, Place 5 Mr. John Kidwell, Place 7 Mr. Ripley Tate, Place 9 Mrs. Deborah Morrow, Place 10, Alternate 1, and to appoint Mr. L.O. Nelson, Place 11, Alternate 2, with term to expire 12/31/2008. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13f Moved by Councilor Gonzalez to reappoint Mr. Bruce Harris, Place 3, to the Tax Increment Financing #1 with term to expire December 31, 2009; and to appoint Mrs. Ann Bishop as Chair with term to expire December 31, 2008. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13g Moved by Councilor Gonzalez to reappoint the following members to the Tax Increment Financing #2 with terms to expire December 31, 2009. Mrs. Ann Bishop, Place 1 225 Item 13g continued Mr. Jim Chandler, Place 2 Mr. Ben Filer, Place 3; and to appoint Mr. Filer as Chair for one year, expires December 31, 2008. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13h Moved by Councilor Gonzalez to reappoint Mr. Michael Latham, Place 1, and Mr. Steve Wood, Place 4, to the Zoning Board of Adjustment with terms to expire December 31, 2009; and to move Mr. Dave Lilley to Place 5, and to reappoint Mr. Les Seipel as Chair with term to expire December 31, 2009. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13i This item was addressed under the Regular Agenda. Item 13i Moved by Councilor Gonzalez to reappoint Mr. Rick Wright, Place 3, with term to expire December 31, 2008, and Mr. Marty Maxwell, Place 4, with term to expire December 31, 2009 to the Animal Shelter Advisory Committee. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13k Moved by Councilor Gonzalez to reappoint Mrs. Martha Harvey, Place 7, and Mr. Brad Altman, Place 9, to the Aviation Advisory Board with terms to expire December 31, 2010. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 131 Moved by Councilor Gonzalez to reappoint the following members to the Clean Community Commission with terms to expire December 31, 2009. Mr. Robert Randolph, Place 1 Mrs. Nan Presson, Place 3 Mr. Derek Meador, Place 5 226 Item 131 continued Mrs. Rebecca Hawkins, Place 6 Mr. John Scroggins, Place 8 Ms. Laura Parham, Place 10 Mr. Wayne Pharries, Place 14. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Moved by Councilor Gonzalez to appoint Mr. Gene Strouth to Place 4 of the Clean Community Commission with term to expire December 31, 2009. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Moved by Councilor Hatcher to appoint Mr. Billy Jones to Place 9 of the Clean Community Commission with term to expire December 31, 2008. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Moved by Councilor Hatcher to appoint Mrs. Martha Mareth to Place 11 or the Clean Community Commission with term to expire December 31, 2008. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Moved by Councilor Hatcher to appoint the following persons to the Clean Community Commission with terms to expire December 31, 2008. Mrs. Martha Mareth to Place 11, Mr. Justin Perez, Place 12, Mr. Byron Gooch, Place 13. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13m No action was taken on this item. Item 13n Moved by Councilor Gonzalez to reappoint the following members to the Park Board with terms to expire December 31, 2010. Mrs. Penny Miller, Place 6, Mr. Dennis Kays, Place 9, Mrs. Sharon Roach, Place 10 Mr. David Troublefield, Place 11. Motion seconded by Councilor Hatcher and carried by the following vote. L7 Item 13n continued Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13o No action was taken under this item. Applicants are needed from District 1 and District 3 for the Traffic Safety Commission. Item 13P Moved by Councilor Gonzalez to reappoint Mr. Derek Meador to the Water Resources Commission with term to expire December 31, 2009. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13g Moved by Mayor Lyne to reappoint Dr. Kathy Sultemeier, Place 3, and Mr. Bryan Press, Place 4, to the Wichita County/City of Wichita Falls Health Board with terms to expire December 31, 2009. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None Moved by Mayor Lyne to appoint Dr. Tracy Hill to Place 1 of the Wichita County/City of Wichita Falls Health Board with term to expire December 31, 2009. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts- Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council adjourned at 11:40 a.m. PASSED AND APPROVED this I E day of o^,�� _ 2007. MAYOR ATTEST: Lh 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, December 4, 2007 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1 . Call To Order 2. (a) Invocation: Reverend J. Rhodes Stipp, Pastor Fain Presbyterian Church (b) Pledge Of Allegiance 3. Presentation Employee Of The Month — Legal — Susie Vetter 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) Approval Of Minutes Of November 12, 2007 Special Meeting Of The Mayor And City Council. (b) Approval Of Minutes Of November 14, 2007 Special Joint Meeting Of The Mayor And City Council With The 4B Board. (c) Approval Of Minutes Of November 20, 2007 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolution Authorizing The Purchase Of Mobile And Portable Radios From Dailey And Wells Communications In The Amount Of $162,284.50 (Council Bill #282) City Council Agenda Tuesday, December 4, 2007 Page 2 7. Receive Minutes Animal Advisory Committee, September 6, 2007 REGULAR AGENDA 8. (a) Public Hearing For The FY 2007-2008 Transit Grant For Capital, Planning And Operating Assistance For The Wichita Falls Transit System (b) Public Hearing To Determine If Certain Buildings And/Or Structures To Be Dangerous 9. Ordinance Finding Certain Buildings And/Or Structures To Be Dangerous; Requiring Property Owners To Demolish Said Buildings And/Or Structures Within Thirty (30) Days Of The Date Of This Ordinance And Declaring An Emergency (Council Bill #283) 10. Resolutions (a) Resolution Expressing The City's Strong Opposition To Terrorism And Its Commitment To Civil Rights And Liberties (Council Bill #284) (b) Resolution Authorizing The Purchase Of A Heavy Rescue/Haz- Mat Vehicle Formerly Approved Through The FEMA Assistance To Firefighters Grant Program From Hall Motors Dba Ferrara Fire Apparatus Incorporated (Council Bill #285) (c) Resolution Authorizing Award Of Bid For Re-Roofing The Central Services Complex (Council Bill #286) (d) Resolution To Approve Change Order No. 1 To The Cypress Water Treatment Plant 10 MG Concrete Ground Storage Tank Project CWF06-544-06 (Council Bill #287) (e) Resolution To Award Bid And Contract For The Jasper Water Treatment Plant New Five Million Gallon Clearwell Project CWF07-544-18 (Council Bill #288) (f) Resolution Authorizing The Purchase Of An Alternate Daily Cover Applicator And Storage Silo From Landfill Service Corporation In The Amount Of $83,600.00 (Council Bill #289) (g) Resolution Confirming An Appointment To The Firefighters' And Police Officers' Civil Service Commission (Council Bill #290) City Council Agenda Tuesday, December 4, 2007 Page 3 (h) Resolution Re-Appointing Two Members to Serve On The Wichita Appraisal District Board of Directors (Council Bill #291) (i) Resolution Authorizing An Amendment To The 2007-2008 Budget Of The 4B Board In The Amount Of $5,600,000 For A Mobile Data Terminals System (Council Bill #292) (j) Resolution Authorizing The City Manager To Sign An Agreement With Microwave Data Systems For The Purchase And Installation Of A Wireless Data Communications Infrastructure (Council Bill #293) (k) Resolution Authorizing The City Manager To Sign An Agreement With Intergraph Public Safety For The Purchase And Installation Of Software For The City's Mobile Data Terminals Project (Council Bill #294) (1) Resolution Authorizing The City Manager To Sign A Construction Contract With Grindline Skateparks For The Construction Of A Concrete Skate Park (Council Bill #295) 11 . Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Executive Session Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551 .074 Of The Texas Government Code (a) Airport Board of Adjustment (b) Construction Board of Adjustment & Appeals (c) Firefighters & Police Officers Civil Service Commission (Resolution) (d) Landmark Commission (e) Planning & Zoning Commission (f) Tax Increment Financing #1 (g) Tax Increment Financing #2 (h) Zoning Board of Adjustment (i) Wichita Appraisal District (Resolution) 13. Open Session Appointments/Reappointments to the following Boards and Commissions City Council Agenda Tuesday, December 4, 2007 Page 4 (a) Airport Board of Adjustment (b) Construction Board of Adjustment & Appeals (c) Firefighters & Police Officers Civil Service Commission (Resolution) (d) Landmark Commission (e) Planning & Zoning Commission (f) Tax Increment Financing #1 (g) Tax Increment Financing #2 (h) Zoning Board of Adjustment (i) Wichita Appraisal District (Resolution) 0) Animal Shelter Advisory Committee (k) Aviation Advisory Board (1) Clean Community Commission (m) Commission on Highway Transportation System Needs (n) Park Board (o) Traffic Safety Commission (p) Water Resources Commission (q) Wichita County/City of Wichita Falls Health Board 14. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 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 , 2007 at o'clock (a.m.)(p.m.). City Clerk