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Min 10/02/2007 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building October 2, 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 Tem Glenn Barham - Councilors Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Michael Smith - Absent Mayor called the meeting to order. Item 2a Pastor Charlie Thomason, Faith Village Church of Christ, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mr. Elmer Emory presented the City of Wichita Falls with a check in the Amount of $5,000 from the University Kiwanis Club concessions proceeds. Mayor Lyne accepted the check on behalf of the City and expressed appreciation to Mr. Emory and the University Kiwanis Club. Item 3b Mayor proclaimed October 6-12, 2007 as "National Physician's Assistant Appreciation Week" in Wichita Falls. Capt. Lee Ackley PA-C, SAFB; Ken Phillis, PA-C, City of Wichita Falls On Site Clinic, Lt. Col. Vickie Hughes, Chief MSSGT. David Montano, and Lt. Col. Dan Gerke Physician Assistants from SAFB accepted the proclamation. Item 3c Mr. Scott McGee, Parks & Recreation, was recognized as Employee of the Month for October 2007. Mayor presented Mr. McGee with a plaque, a check, and restaurant certificates. 170 Item 4 Richard Daniel Jimenez, 1905 Britain, stated that over a period of time he had observed that some of the neighborhoods are being neglected in order to accommodate other affluent neighborhoods. He mentioned the following examples. City sweeper avoids their block with only token appearances. He suggested that a certain time and date be scheduled in order to avoid parked cars on the street and other obstructions. Overhanging tree limbs, City crews can take care of that. Potholes repaired in other areas but not in their neighborhood. Packs of dogs roaming the street—City needs to enforce the City ordinances. Hazardous structures, tall grass and weeds— issue citations if they do not comply with City ordinances. Mr. Jimenez asked the Council to address these and other issues that would make their neighborhood safe from drug dealers and a safer, cleaner place to live. Edward Stankiewicz, 3125 91h Street, Apt. 23, is a retired from the army and his wife is disabled. He stated that his neighbor verbally attacked his wife and they went to court but the prosecutor disqualified them because of another case. He felt that the prosecutor was being prejudiced because his wife is handicapped. He wants to get justice. Item 5 The Minutes were approved as distributed. Items 6-7 City Manager gave a briefing on the items listed under the Consent Agenda. Councilor Elmore corrected the Landmark Commission minutes stating that he was in attendance at the July 26, 2007 meeting. Moved by Councilor Barham that the Consent Agenda be approved with that correction. 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 6 RESOLUTION NO. 142-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE ASSIGNMENT OF A WATER SALES CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE DEAN DALE WATER SUPPLY CORPORATION TO THE DEAN DALE SPECIAL UTILITY DISTRICT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Items 7a-7f Minutes of the following boards and commissions were received. a) Wichita Falls 4B Sales Tax Corporation, March 20, 2007 b) Wichita Falls 4B Sales Tax Corporation, May 11, 2007 c) Aviation Advisory Board, May 17, 2007 d) Aviation Advisory Board, July 19, 2007 e) Wichita Falls Economic Development Corp., June 18, 2007 f) Landmark Commission, July 26, 2007 171 Item 8a A public hearing was held on the proposed use of Community Development Block Grant (CDBG) and HOME Funds in a previously approved Consolidated Plan. Mayor declared the public hearing open. Mr. Dave Clark informed that the two proposed changes included $84,000 award to the Christmas in Action Program (elderly or disabled homeowner repair program) and $100,000 to initiate the Flood Victim Down Payment Assistance Program through the HOME Program funds. This is additional funding and is not being taken from the $401,000.00. Councilor Elmore referred to the persons that were flooded out and received assistance, and he wanted to know who retains the property. Mr. Clark informed that the property owners retain ownership. This program is only to help them with a $10,000 down payment to purchase another home and does not deal with their circumstances in the area itself; however we are working with the County and the WFISD to negotiate to swap properties that are not in the flood plane, if the flood victims want to do that. Councilor Elmore said he would like to see something along that same vein in this particular area. He would like to have all of those flooded properties in a river park. Mr. Clark said that if we get into this swap property, that is what you are looking at. You would leave the property within the flood plane areas to work with flood plane regulations and not have multiple problems and flooding in the future. Mark Masman, Christmas in Action Director, thanked the Council for their consideration. He added that they want to help the citizens that have been displaced in the flood zone. Mayor called for additional comments. There being none Mayor declared the public hearing closed. Item 8b RESOLUTION NO. 143-2007 A RESOLUTION APPROVING AND AMENDING THE PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDS IN A PREVIOUSLY APPROVED CONSOLIDATED PLAN FOR THE PERIOD OF OCTOBER 1, 2007 TO SEPTEMBER 30, 2008, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED AND OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 143-2007 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 9a ORDINANCE NO. 86-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 26, ARTICLE VIII OF THE CODE OF ORDINANCES REGARDING WRECKER BUSINESSES; 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. 86-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and 172 Item 9a continued Elmore Nays: None Item 9b ORDINANCE NO. 87-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 50-34 OF THE CODE OF ORDINANCES, IDENTIFYING THE CLASSIFICATIONS AND NUMBER OF POSITIONS IN EACH CLASSIFICATION 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 Elmore that Ordinance No. 87-2007 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 9c ORDINANCE NO. 88-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 70-33 OF THE CODE OF ORDINANCES, IDENTIFYING THE CLASSIFICATIONS AND NUMBER OF POSITIONS IN EACH CLASSIFICATION FOR THE WICHITA FALLS POLICE 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 Barham that Ordinance No. 88-2007 be passed. Motion seconded by Councilor Gonzalez. City Attorney informed that the number of police officers is 160 not 159. Motion as corrected carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9d ORDINANCE NO. 89-2007 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND#1 IN AN AMOUNT NOT TO EXCEED EIGHT THOUSAND AND FIVE HUNDRED DOLLARS ($8,500.00) FOR COMPLETED IMPROVEMENTS AT 402 SCOTT STREET; 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.89-2007 be passed. Motion seconded by Councilor Gonzalez. 173 Item 9d continued Mr. Clark noted that the wording on the application has been clarified to prevent misunderstandings. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9e ORDINANCE NO. 90-2007 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND #1 IN THE AMOUNT NOT TO EXCEED TWENTY- FOUR THOUSAND AND TWO HUNDRED AND FIFTY DOLLARS ($24,250.00) FOR MAJOR CAPITAL IMPROVEMENTS AT 501 INDIANA STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 90-2007 be passed. Motion seconded by Councilor Barham. David Ceretta, 4418 Martinique, Backdoor Board Chair, and Christie Perry, Executive Director, provided information on the capital improvement projects and needs for Backdoor Theater. It was noted that the amount in Section 2 of the proposed ordinance was incorrect. Moved by Councilor Hatcher that Section 2 of the proposed ordinance be amended to reflect $24,250.00 in place of$24,500.00. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 9f ORDINANCE NO. 91-2007 ORDINANCE MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND #1 IN THE AMOUNT NOT TO EXCEED ONE THOUSAND AND TWO HUNDRED DOLLARS ($1,200.00) FOR IMPROVEMENTS AT 1714 NINTH STREET; 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. 91-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore 174 Item 9f continued Nays: None Item 9g ORDINANCE NO. 92-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING APPENDIX B ZONING, AT SECTIONS 3080, 3140, 3210, 3290, 3365 AND 3410, REGARDING THE MAXIMUM HEIGHTS ALLOWED FOR SCHOOL AND RELIGIOUS ASSEMBLY USES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Ordinance No. 92-2007 be passed. 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 9h ORDINANCE NO. 93-2007 ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT $260,000 IN GRANT FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY/UNITED STATES FIRE ADMINISTRATION-ASSISTANCE TO FIREFIGHTER GRANTS PROGRAM FOR A VEHICLE ACQUISITION (RESCUE/HAZARDOUS-MATERIALS VEHICLE) 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. 93-2007 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 City Council recessed at 9:55 a.m. and reconvened at 10:05 a.m. Item 10a RESOLUTION NO. 144-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH SEVERAL COMMUNITY SERVICE ORGANIZATIONS AND ORGANIZATIONS THAT PROMOTE THE CONVENTION AND TOURISM INDUSTRY; 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.144-2007 be passed. 175 Item 10a continued 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 10b RESOLUTION NO. 145-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF PROPOSAL FOR FURNISHING AND INSTALLING TWO (2) ELECTRONIC MESSAGE SIGNS TO IMAGE ADVERTISING IN THE AMOUNT OF $257,982.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution 145-2007 be passed. Motion seconded by Councilor Elmore. Moved by Councilor Barham that the proposed resolution be amended to authorize that the electronic message sign on 1-44 be color at an approximate increased cost of$26,000. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10c RESOLUTION NO. 146-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE 2007-2008 BUDGET OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION; 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. 146-2007 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 176 Item 10d RESOLUTION NO. 147-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH OLD DOMINION FREIGHT LINE, INC.; 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. 147-2007 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. 148-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE RENOVATION TO THE WEEKS PARK GOLF COURSE PRO SHOP TO SANTA ROSA CONSTRUCTION IN THE AMOUNT OF $362,548; 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. 148-2007 be passed. 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 11 a Mr. Scott Taylor informed that there would be compost give away this Saturday for citizens, no retail. He informed that they will need to bring some form of identification that they are serviced by the City of Wichita Falls, such as a water bill. It will be one load per customer and they need to cover their loads with a plastic tarp or anything that ties down, a net will not suffice. City Clerk Lydia Ozuna introduced the Deputy City Clerk Sandra Taylor. Mr. Dave Clark informed that they have a flyer that explains the services available for flood relief. He noted that Wichita Falls is number one in follow up after a flood disaster. Item 11 b Councilor Roberts-Burns thanked Mr. Clark for the flyer and asked that it be put out in the community. Councilor Elmore wanted to know what could be done about the train blocking intersections for hours at a time. We have an ordinance that states it cannot be blocked for more than ten minutes. City Attorney stated that they continue to look at that. Our ordinance is similar to a State law that was preempted by the Federal law. We have contacted the Federal Railroad Administration and they are looking to see what regulations they are under if they cannot be regulated under our ordinance. The next step is to contact Burlington Northern Railroad and get their folks in to talk to us. It was a big problem during the flood and continues to be a problem. 177 Item 11 b continued Councilor Gonzalez stated that he was at a conference in Houston and they were having the same problem and suggested that we contact them to see what solutions they have come up with. Councilor Elmore mentioned the screening ordinance and said that there are problems with some businesses in town. It was indicated that there would be a dozen businesses that would be affected by this ordinance, but we have sent out 100 letters regarding this. Mr. Clark informed that there are 70 that have received letters along the way. It is time for compliance. We sent out three letters during the year when they had time to do that work and the last letter stated that the time was up and we gave them another month; if they do not talk to us we will be moving into the compliance mode. There has been quite a bit of compliance. We are facing fencing and illegal outdoor storage problems, which is not a fencing issue. A lot of people have done some cleaning up and you can see the difference. We are seeking enforcement and compliance, not penalties; we hope not to go there. Councilor Elmore referred to the Code Enforcement letter that is sent out and asked if the draft letter was ready. City Manager informed that Community Development has submitted several drafts to him and he will review those. He stated that we have 95% compliance rate and he does not want to see that reduced by watering down the letter. Councilor Elmore referred to the grandfather clause for animals within the City and said he would like to see what has been done on that particular change in that ordinance. Mrs. Lou Franklin informed that they have looked at that and looked at several different things and that is a goal is to complete that this year. I do not have anything for you to look at yet. There are other areas that need to be updated to comply with State law in that ordinance, and we will be updating that ordinance this year. Councilor Elmore mentioned a call from a person who has rental property where there was illegal activity, the tenant was arrested and in the process the police broke down the door. The landowner was not notified, and Councilor Elmore wanted to know how the police determine the owner of the property. Deputy Chief Todd informed that they look at utility bills, call history, tax rolls, and we have several other options to determine ownership. Councilor Elmore wanted to know what capacity we have to notify the property owner to secure the property. Deputy Chief Todd replied that in a situation like this we make every effort to notify the owner, failing that we make patrol checks to secure around the property. The officers make every effort to contact the responsible parties to secure the building. Deputy Chief Todd said he would look into this particular situation. Councilor Elmore expressed concern about the persons who have 50 or more arrests and they are out on the streets. He wants to know what those statistics are in this area. He wants to find out how many of these people there are, where they are, their circumstance, and what the disposition is. We have to take these people off the streets or out of the community. That is a big concern of his. City Attorney stated that that frustration is shared by the Police Department and other City offices. You are chasing windmills in determining why people are out on the street after they have been arrested. All the Police Department can do is to arrest them, prepare good packets for prosecution and deliver them to the District Attorney. Then it rests in their hands. Councilor Elmore asked for some statistic to see how many people we have with multiple felony arrests. Councilor Elmore expressed concern regarding the amount of time it takes to get persons into jail after they have been arrested. He wanted to know how we could get cooperation from the jail for our Police Department. City Manager replied that it is a problem and have met with County officials several times to discuss this. Police officers document the time it takes them to get a prisoner booked and we give that information to the Sheriff. That is a resource drain for us where our officers are tied up at the jail. The jail is under certain legal restraints as to how many people they can put through at one time and it may be staffing issue they are trying to work through. I do not know all the answers. The other part of that is that we have been approached by the County to look at the jail fees for housing our prisoners. Mayor and I agree that the negotiations should include performance measures in looking at the jail operations, and how long our officers have to wait before their prisoner is processed. That may help address this situation. Councilor Elmore expressed regrets that Mrs. Tawana Thomas has left MPEC; she is such a joy and a valuable asset to our City. Mr. Bob Sullivan informed that Mrs. Thomas had family issues and she had to move but she has accomplished a lot. We are currently looking for her replacement. Councilor Elmore stated that he wished her well. Councilor Barham mentioned the DVD "Wichita Falls— Future of our Past" and commended Mr. Jerry Vandiver and his staff for putting together such an excellent DVD. It is 178 Item 11 b continued very informative and very educational. Everyone should have a chance to view it. He was impressed with the quality of the product. Councilor Hatcher thanked Mrs. Tawana Thomas for all she has done and wishes her luck in her move and family issues. Councilor Hatcher was happy about the new MPEC message signs and was glad that they have totally independent controls where one does has no affect on what the other sign does. Councilor Hatcher invited everyone to the Blue Grass Festival this Saturday at the RV campgrounds at MPEC. He mentioned that there would also be a Steak of the Town Cook-off. On October 12 there will be an MLK Golf Scramble at Hawk Ridge Golf Course. Contact Larry Nash. Councilor Gonzalez wished Mrs. Tawana Thomas well; she was very good hard worker for the City. Councilor Gonzalez mentioned an excellent article about Wichita Falls in the Texas Monthly magazine. It mentioned all the things visitors can do and see in Wichita Falls. It was a great article. Mayor Lyne read a letter that he had received from Mrs. Jean Eustace recognizing and commending Mr. Larry Gibson from the Sanitation Department for the excellent job and prompt responses to her problems. Mr. Gibson is truly the epitome of an outstanding City representative, and she hopes that the Mayor will single Mr. Gibson out for his exemplary efforts to keep Wichita Falls great and to make the Mayor and the City Council look good. He has earned your personal attention and deserves more than a simple atta boy for his consistently stellar performance. Mayor commented that it great to receive this kind of letter. That is what we strive to do and get everyone to do. There are other employees out there that that do not get a pat on the back but are doing an outstanding job. Mayor Lyne mentioned calls he had received regarding a house that is located next to a house that is under construction at the intersection of Taft and Speedway, It is like a car lot with numbers on the cars, and there is a question if illegal drug activity is involved, structure looks dangerous. He asked staff to look into this. Mayor Lyne informed that he received a call from Dr. Orr who is preparing for the Wichita Falls High School-Rider High School football game. Mayor reminded everyone that competition is great and loyalty to your school is great, but destruction and mayhem is not. Our police officers do a good job during that time. He agreed that if our students are out past 10:39 p.m. they are probably not doing anything good. Dr. Orr is working with the Police Department and if there is anything else we can do to help promote good rivalry but non destructive rivalry he will contact us. Mayor Lyne asked about the progress of the Golf Course greens. Mr. Matt Benoit informed that the sprigging is done and growing in. Our measuring stick is ground level temperatures and we have enough agronomists out there who monitor the ground level temperatures. He informed that the course will not be grown in this calendar year because there are not enough warm months left. Our goal all along has been to get enough growth to get a stand to winterize the course, and if we get some cold weather early on we have the opportunity for some annual rye grass to hold the place there. We will have to finish the grow in during the 2008 calendar year. That is the plan right now and I am not aware of any problems. The construction remodel project is done. Mayor Lyne invited everyone to go see Councilor Rick Hatcher at the Blue Grass Festival; he will be the emcee. City Council adjourned at 10:55 a.m. PASSED AND APPROVED this day ofL-11JU-)2007. 179 _ MAYOR ATTEST: M I&-v,( 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, October 2, 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: Pastor Charlie Thomason Faith Village Church of Christ (b) Pledge Of Allegiance 3. Presentations (a) University Kiwanis Club Concession Proceeds — Elmer Emory (b) Proclamation - National Physician's Assistant Appreciation Week — Capt Lee Ackley PA-C, MPAS, RT(r), CPC, SAFB; Ken Phillis, PA-C, CWF On Site Clinic (c) Employee Of The Month — Scott McGee, Parks & Recreation 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 September 18, 2007 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolution Approving The Assignment Of A Water Sales Contract Between The City Of Wichita Falls And The Dean Dale Water Supply Corporation To The Dean Dale Special Utility District (Council Bill #230) City Council Agenda Tuesday, October 2, 2007 Page 2 7. Receive Minutes (a) Wichita Falls 4B Sales Tax Corporation, March 20, 2007 (b) Wichita Falls 4B Sales Tax Corporation, May 11 , 2007 (c) Aviation Advisory Board, May 17, 2007 (d) Aviation Advisory Board, July 19, 2007 (e) Wichita Falls Economic Development Corp., June 18, 2007 (f) Landmark Commission, July 26, 2007 REGULAR AGENDA 8. (a) Public Hearing To Approve An Amendment To The Proposed Use Of Community Development Block Grant (CDBG) Funds And HOME Funds in A Previously Approved Consolidated Plan (b) Resolution Approving An Amendment To The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds In A Previously Approved Consolidated Plan. (Council Bill #231) 9. Ordinances (a) Ordinance Amending Chapter 26, Article VIII Of The Code Of Ordinances Regarding Wrecker Businesses (Council Bill #232) (b) Ordinance Amending Section 50-34 Of The Code Of Ordinances, Identifying The Classifications And Number Of Positions In Each Classification For The Fire Department (Council Bill #233) (c) Ordinance Amending Section 70-33 Of The Code Of Ordinances, Identifying The Classifications And Number Of Positions In Each Classification For The Wichita Falls Police Department (Council Bill #234) (d) Ordinance Requesting A Determination For An Appropriation From The Tax Increment Financing (TIF) Fund #1 In An Amount Not To Exceed Eight Thousand And Five Hundred Dollars ($8,500.00) For Completed Improvements At Big Mick's Auto Detail Located At 402 Scott Street (Council Bill #235) City Council Agenda Tuesday, October 2, 2007 Page 3 (e) Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund #1 In The Amount Not To Exceed Twenty-Four Thousand And Two Hundred And Fifty Dollars ($24,250.00) For Capital Improvements To The Backdoor Theatre Building At 501 Indiana Street (Council Bill #236) (f) Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund #1 In The Amount Not To Exceed One Thousand And Two Hundred Dollars ($1 ,200.00) For Phase 11 Building Improvements At 1714 Ninth Street (Council Bill #237) (g) Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Appendix B Zoning, At Sections 3080, 3140, 3210, 3290, 3365 And 3410, Regarding The Maximum Heights Allowed For School And Religious Assembly Uses (Council Bill #238) (h) Ordinance Authorizing The City Manager To Accept $260,000 In Grant Funds From The Federal Emergency Management Agency/United States Fire Administration-Assistance To Firefighter Grants Program For A Vehicle Acquisition (Rescue/Hazardous-Material Vehicle) For The Wichita Falls Fire Department (Council Bill #239) 10. Resolutions (a) Resolution Authorizing The City Manager To Execute Contracts With Several Community Service Organizations And Organizations That Promote The Convention And Tourism Industry (Council Bill #240) (b) Resolution Authorizing Award Of Proposal For Furnishing And Installing Two (2) Electronic Message Signs At The Multi- Purpose Events Center (Council Bill #241) (c) Resolution Approving The 2007-2008 Budget Of The Wichita Falls Economic Development Corporation (Council Bill #242) (d) Resolution Approving An Economic Development Incentive Agreement With Old Dominion Freight Line, Inc. (Council Bill #243) (e) Resolution Awarding Bid And Contract For The Renovation To The Weeks Park Golf Course Pro Shop To Santa Rosa Construction In The Amount Of $362,548 (Council Bill #244) City Council Agenda Tuesday, October 2, 2007 Page 4 11 . Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. 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