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Min 09/18/2007 158 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 18, 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 Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Marlon Willingham, Pastor, Revealed Prophetic Destiny International Ministries, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 David Brock, 1819 Hines, mentioned a citation he had received some time ago for allowing some work to be done without a building permit on property that he manages. He stated that what the City Prosecutor stated as the law was not the truth. He accused the City of retaliation because of the way this conviction played out and its timing. He said he will continue to look for every single impropriety and will file complaints with the appropriate State agencies. He is going to file a complaint with the State Bar against the City Prosecutor and the City Attorney's Office. Mayor informed Mr. Brock that we do not do retaliation; we look into every complaint. Item 4a The Minutes of September 4, 2007 were approved as distributed. Item 4b The Minutes September 11, 2007 were approved as distributed. 159 Item 5 City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Elmore that the Consent Agenda be approved. 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 Item 5a-5c Minutes of the following boards and commissions were received. a) Animal Shelter Advisory Committee, February 15, 2007 b) Tax Increment Financing Board (TIF) #1, May 24, 2007 c) Traffic Safety Commission, August 1, 2007 Item 6a A public hearing was held on Local Option to Tax Tangible Personal Property in Transit. Mayor declared the public hearing open. Finance Director Jim Dockery informed that the 2007 legislature passed H.B. 621 which exempts goods from property taxes. The goods are principally inventory stored in a location not owned by the owner of the goods and transferred from that location to another location within 175 days. Essentially these are warehousing operations. This legislation would allow for an exemption of those goods to be taxed. We have always taxed them in the past. It is a local option that would allow the local government to continue to tax these goods if an ordinance is passed before the end of the calendar year. He informed that under this new legislation, in 2008 $3.7 million of our tax base would be exempted which would result in a $22,000 revenue loss in property taxes for the City. More alarming is the potential loss of revenue in future years by people attempting to get around this legislation by putting property/goods in someone else's name. This could be rapidly increasing in future years. We recommend that you pass the ordinance to continue to tax these goods. Mayor asked how this is tracked if they bring in goods and ship them out. Mr. Eddie Trigg, Wichita Appraisal District, informed that they are required to file an application and we ask for additional documentation to support the information they give us. They have to provide us documentation that they shipped out of the state within 175 days as well as their turnover on their inventory. Right now with your Freeport tax that you are granting, it ranges from 75%- 95% in the industries. This House Bill probably exempts the remaining percentages that are on the inventories that are off premises. An example is Saint Gobain who has some goods stored in City View ISD that is off premises. The attorney advised us to inform you about the abuse that might occur in the future. If you exempt it, it does not lock you in permanently. You can make modifications in the future. Councilor Gonzalez was glad to hear it could be rescinded at a future date. Councilor Hatcher expressed concern about potential industry that would look at our City that would trigger them to go where they had the exemption. At this point it is not affecting that many people, but I do see the potential as was noted earlier. Councilor Elmore commented that we spend a lot of money to bring industry here. Councilor Hatcher asked if it was end of the year inventory. Mr. Trigg informed that the application is made in January. Councilor Hatcher said that his concern is that it would have a negative impact on the industries looking at our City. Mr. Trigg stated that Council could look at it and change it if you wanted to. Councilor Gonzalez asked for the industries that are currently exempt. Mr. Trigg said he did not have the list but mainly the big industrial ones are exempt however, we do have some small players as well. 160 Item 6a continued Mr. Dockery stated that his concern potentially is the proliferation beyond that point. Any mom and pop business across the board that wants to store their inventory in leased premises would be exempt. We are talking about everyone. Just keep that in mind. Mr. Trigg gave an example of inventory at the mall, J.C. Penney, Beall's, Dillard's, etc. Councilor Barham asked if this is something that needs to be done each year. Mr. Trigg replied that it would remain until Council changed it. City Manager felt it was more difficult to go back and tax something that we have not taxed. We have always taxed this and we have not had any industry or BCI telling us they need this as an economic development tool and asking us not to tax these goods. I would suggest you approve the ordinance and maybe on a case by case basis, if we have a prospective industry that wants us to take a different approach, you can always change the ordinance. Vast majority of cities are going to adopt a similar ordinance. My fear is that this will turn into a tax loophole. People will take advantage of it. This would erode the tax base and we would have to spread that tax burden to other folks. Mayor called for additional comments. There being none, the Mayor declared the public hearing closed. Item 6b ORDINANCE NO. 75-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH, WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253; 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.75-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7a ORDINANCE NO. 76-2007 ORDINANCE TO AMENDING SECTION 106-127 OF THE CODE OF ORDINANCES APPROVING WHOLESALE WATER RATES FOR CONTRACT WATER CUSTOMERS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Ordinance No. 76-2007 be passed. Motion seconded by Councilor Elmore. Mr. Scott Taylor informed that his office had inverted some numbers in the proposed ordinance, and it needs to be amended to reflect the amount of$0.2176 for Raw Water Only and $0.2524 for Raw Water Transmitted. Moved by Councilor Elmore to amend the proposed ordinance to reflect the Raw Water Only (RWO) rate at $0.2176 instead of$0.2106, and the rate for the Raw Water Transmitted (RWT) at $0.2524 instead of$0.2496. Motion seconded by Councilor Smith and carried by the following vote. 161 Item 7a continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7b ORDINANCE NO. 77-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AMEND SECTION 106-126 (c)(d) (e) (f) (g) and (h) OF THE CODE OF ORDINANCES TO ADJUST TREATED WATER RATES FOR RETAIL CUSTOMERS; 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. 77-2007 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7c ORDINANCE NO. 78-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AMEND SECTION 106-251(d) AND 106-251(h) OF THE CODE OF ORDINANCES TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS; 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. 78-2007 be passed. 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 Item 7d ORDINANCE NO. 79-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; AMENDING SECTION 106-128 TO ADJUST FEES FOR SERVICES PROVIDED BY THE PUBLIC UTILITIES DIVISION; 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. 79-2007 be passed. 162 Item 7d continued 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 Item 7e ORDINANCE NO. 80-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTIONS 90-33, 90-96 (a) AND 90-126 OF THE CODE OF ORDINANCES TO ADJUST SANITATION RATES FOR RETAIL CUSTOMERS; 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. 80-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council recessed at 9:25 a.m. and reconvened at 9:35 a.m. Item 7f ORDINANCE NO. 81-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, LEVYING, ASSESSING, AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE WICHITA FALLS MUNICIPAL GOVERNMENT AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE 2007-08 FISCAL YEAR; DECLEARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Councilor Hatcher moved for adoption of a tax rate of$0.59246, the same as the last several years, understanding that the total taxes will be increased, due primarily to increased appraised property values. This motion was adopting Ordinance No. 81-2007. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7 ORDINANCE NO. 82-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTERMBER 30, 2008, AND APPROVING REVISIONS TO THE 2006-07 BUDGET; DECLARING AN EMERGENCY; FINDING 163 Item 7g continued 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. 82-2007 be passed. Motion seconded by Councilor Gonzalez. Councilor Barham stated that one item in this budget that he has an objection to is the Special Prosecutor. If we had a line item budget process I would be voting against that Special Prosecutor. He feels that the District Attorney and the Commissioners Court need to step up to the plate and do their job and they are not doing it. As a result we are doing their job for them. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7h ORDINANCE NO. 83-2007 ORDINANCE ADOPTING THE FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2012; 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. 83-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7i ORDINANCE NO. 84-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR HIV PREVENTION SERVICES IN THE AMOUNT OF $146,667 RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; 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. 84-2007 be passed. 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 164 Item 76 ORDINANCE NO. 85-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR RYAN WHITE TITLE III GRANT FUNDING IN THE AMOUNT OF $15,000 RECEIVED FROM TARRANT COUNTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING SAME.;FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Gonzalez that Ordinance No. 85-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8a RESOLUTION NO. 138-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BEWEEN THE CITY OF WICHITA FALLS AND THE NORTH CENTRAL TEXAS MEDICAL FOUNDATION FOR THE PROVISION OF MEDICAL SERVICES TO THE WICHITA FALLS-WICHITA COUNTY PUBLIC HEALTH DISTRICT; 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. 138-2007 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8b RESOLUTION NO. 139-2007 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HABITAT FOR HUMANITY OF WICHITA FALLS, INC. ACTING AS AN ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM; 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. 139-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 165 Item 8c RESOLUTION NO. 140-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMMENDING THE HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN TO ACCOMMODATE FLOOD VICTIMS; 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. 140-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8d RESOLUTION NO. 141-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE 2007-2008 BUDGET OF THE WICHITA FALLS 4B SALES TAX 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 Gonzalez that Resolution No. 141-2007 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8e City Manager informed that only one bid was received for the renovation of Weeks Park Golf Course, and requested that no action be taken on this item since the sole bid was double the architect's estimate. We will need to re-bid this project. No action was taken on this item. Item 9a There were no staff reports. Item 9b Councilor Roberts-Burns thanked the Council for passing the resolution amending the Housing Choice Voucher Program to accommodate the flood victims. She thanked Mr. Dave Clark for the work he has been doing in relation to this matter. Councilor Elmore asked for an update on the possibility of swapping property to assist the flood victims. Mr. Clark informed that they have spoken with the WFISD and they are willing to do a blanket authorization to swap properties. We have talked to the County but have not brought it before the Commissioners Court. Councilor Elmore stated that there is a piece of property that is for sale where Loop 11 intersects 1-44 and he was concerned because that is where the four-lane highway is going in. 166 Item 9b continued He asked if the property owners were going to be allowed to sell that piece of property. Mr. Scott Taylor informed that we are not doing any of that, but he will check to see if the property has been included for right-of way, if not then we will have to go back and pick up that property. Currently that is a State matter. Councilor Elmore said they had enjoyed the grand opening of the Cracker Barrel and he is encouraged that at 2:30 p.m. on a Saturday there is a line waiting to go in. He is very encouraged with the development in that area of the City and expects more when Loop 11 goes in. Councilor Elmore commented that at a previous Planning &Zoning meeting there was a proposal that was approved for storage units to be located at City View and Iowa Park Roads, and the plans showed that most of the trees would be kept, however most of them have been cut down and he expressed his disappointment with the developer. Councilor Elmore reminded everyone about the pet shots and neutering at Berend's Landing. They do an excellent job. Councilor Elmore congratulated the Museum of North Texas History and stated that it is well worth the time to spend there; it is impressive. He said he looks forward to the Police and Fire Museum. Councilor Barham asked staff to check for overgrown weeds on a triangular piece of property bordered by 15th Street, Holliday Road, and Elizabeth Street. Councilor Barham referred to Mr. Eric Norris's request for help on the generator noise issue, and asked if we were going to do anything else. City Manager replied that we looked at it from two angles. First we checked for violation of our noise ordinance and determined it does not violate the noise ordinance. Very little noise was picked up on the decimal meter. Also, we checked to see if it violates the National Electrical Code and it does not. Nothing says you cannot constantly run an electric generator at your house. There is nothing we can do at this point to address that. Police Chief Bachman explained what they had done to check the noise with the decimal meter and it read "zero". The Officer had to put the meter on the box where the generator was in order for it to get a reading, which was 60, and the reading would have to be 80 for it to be a violation. Councilor Barham asked for an update report on the flood control in Faith Village; he would like to see if we can get some progress on that. Councilor Barham stated that we need to look at the upcoming budget preparations for next year's budget relating to certification levels in any area where they need to have extra certification to perform their duties, for example in wastewater and water treatment. We have done this on the fire and police side and we need to pass that on to the rest of the organization. Councilor Barham asked for an update on the interoperability issues, have those been taken care of, radios purchased, installed, programmed, where do we stand on that? Assistant City Manager Matt Benoit will check into that and provide an update. Councilor Hatcher commended the City Manager and the Directors for the budget efforts. It is difficult to find dollars to do what everyone wants to do. Councilor Hatcher stated that the construction on the Cypress Water Treatment Plant was progressing well. A tank will have to be built there and we are looking at next June. Mr. Scott Taylor concurred stating that completion is expected in June. Councilor Hatcher asked that staff keep looking at the problem on Matterhorn to see what is going on underground out there some shifting of the streets and the sidewalks. Councilor Hatcher addressed Mr. Brock's statement. It is incumbent on everyone to be above any kind of retaliation. I hate that you are having problems and we will make sure that there is no retaliation. We need to give each other the respect we want for ourselves. Councilor Gonzalez mentioned the ground stability problems with the water tower and asked if that been addressed yet. Mr. Scott Taylor informed that it is the ground storage tank and it has not been addressed. Our consultants have been in contact with the tank 167 Item 9b continued company responsible for that. They have assured us they will get us a proposed solution shortly. We will make contact with them again this week to speed that up. That is on hold until this issue is resolved. This is part of the overall plan expansion project and is not directly tied to the Reverse Osmosis Project. We are only adding more treated water storage at the Cypress Water Treatment Plant. Councilor Gonzalez asked about the Reverse Osmosis punch list. Mr. Taylor informed that he saw the draft punch list Friday and expects that it will go to the contractor this week. It will be over 30 pages long because there are a lot of items that need to be addressed. We are going to emphasize the Reverse Osmosis System and the Micro-filtration System as the major components that would have to be complete before we even begin to consider substantial completion which means the clock will stop. Councilor Gonzalez asked about a time frame. Mr. Taylor stated that his goal is that the contractor will finish by October, but he noted that was only his goal, not the contractor's. City Manager added that we will continue to push them everyday, and in regards to the punch list there are a lot of cosmetic issues on there. Councilor Gonzalez mentioned the new apartment complex going up in the Westmoreland area and asked about fencing and lighting requirements. City Manager informed that there is privacy fencing required and lighting requirements, and we will be watching those things. Councilor Smith informed that Mr. John Burrus will hold a meeting with the residents in the Lucy Park area to discuss the Falls Fest parking issue and other concerns. It will be held at 5:30 p.m. on Wednesday at the City Central Services Complex on Seymour Highway. He invited all the residents to attend and comment. Councilor Smith said he had attended his first Animal Advisory Committee meeting and they have reorganized for the year. Several different entities are involved including the Humane Society. Work is beginning on a feasibility study for a possible new facility, whether it's the City alone or the Humane Society and the City. That process will begin to take place this fall and we would like to see some work on that in our strategic planning process in February to see where this may lead as far as the feasibility of a new animal reclaim facility. Councilor Smith stated that he also is interested in the next budget process on certification pay across the board for all City employees, where it is appropriate. That is something that is needed. It rewards motivation to have more expertise in a particular job and that benefits the City and our citizens. I would like to see that proceed as something we will look at not only in the budget process but in other areas. Councilor Smith mentioned the Drug Task Force situation that we have now in the State in that our Regional Task Force has gone away. He noted that the State has taken the money away as they have in other endeavors and he regrets that. In response to that I think we, if no one else is going to do it, might need to take some leadership by at least keeping in touch with other cities, counties and other areas of the State to see what affect this lack of a coordinated statewide regional drug task force is going to be. We all know this is going to open the door for drug activities that we had somewhat repressed and had success with. I would like for us to keep our ears open and particularly that Chief Bachman keep us informed. If here is a great enough need we can go to our senators and representatives and ask them for help. City Manager said that his point about leadership to check with other agencies and that is a good point. That is why we took the lead the past couple of years. He noted that we are the last Task Force remaining in the State. Others went away two years ago. We extended ours for two years hoping to have the legislature have something passed where we could get funding but that did not work out. I have been in contact with the County Judge and he would like to talk about formulating a City of Wichita Falls-Wichita County Task Force. We are just talking and do not know where that will lead. We may be able to keep it now for our County. We also met last week with some State officials and they came in at the nth hour saying they may have some funds without specifics and without criteria. We may be able to get a grant to fund some items. We will keep you informed. Councilor Smith stated that this whole summer has been a learning experience for him. He wants for Council and staff to continue to think about one of our goals to be for employees to get them as close and as near to some salary range, not the low range and hopefully the high range, but at least the average range comparable to other cities our size. Other cities lose excellent employees to other cities and in some cases some are unable to recruit applicants for certain skilled positions. It is a competitive world out there and we cannot sit here kind of all alone in northwest Texas and think that we are not affected by what goes on in the metroplex and other urban areas. Even in other areas however they have done it they have � r . 168 Item 9b continued come up with the wherewithal but they have put themselves out there and have their salaries up. City government operates based on the work of the employees and you need to hire the best and you need to keep the best. I would like for us to energize on this issue as we begin on the Strategic Planning process in February and the budget process next spring. Mayor stated that the Humane Society had a great fund raiser and raised a pretty good amount of money. It was a nice first step for their moving forward and helping, and it opens the door for more opportunity there. He congratulated them and their Leadership. Mayor commented on Councilor Smith's comments regarding salaries and noted that one of the important things in looking at all of that is looking at the wealth of the City. That is a big comparison factor and one we have to look at and weigh, but Councilor Smith is right we want and need to hire the best and keep the best and we need to know where we stand. Item 10 Moved by Mayor Lyne to appoint Ms.Teresa Wilcox, Place 1, and Mr. Joe Clement, Place 2, and Mr. Stephen Dodge, Place 8, to the Library Advisory Board with terms to expire July 31, 2010. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 11 City Council adjourned at 10:35 a.m. PASSED AND APPROVED thisCyo'- day of 2007. MAYOR ATTEST: Lydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, September 18, 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 Marlon Willingham Revealed Prophetic Destiny International Ministries (b) Pledge Of Allegiance 3. 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. 4. (a) Approval Of Minutes Of September 4, 2007 Regular Meeting Of The Mayor And City Council. (b) Approval Of Minutes Of September 11, 2007 Special Meeting Of The Mayor And City Council. CONSENT AGENDA 5. Receive Minutes (a) Animal Shelter Advisory Committee, February 15, 2007 (b) Tax Increment Financing Board (TIF) #1 , May 24, 2007 (c) Traffic Safety Commission, August 1, 2007 City Council Agenda Tuesday, September 18, 2007 Page 2 REGULAR AGENDA 6. (a) Public Hearing On Local Option To Tax Tangible Personal Property In Transit. (b) Ordinance To Tax Tangible Personal Property In Transit Which Would Otherwise Be Exempt Pursuant to Texas Tax Code, Section 11 .253. (Council Bill #214) 7. Ordinances (a) Ordinance to Amend Section 106-127 of the Code of Ordinances Approving Wholesale Water Rates For Contract Water Customers (Council Bill #215) (b) Ordinance To Amend Section 106-126 (c), (d), (e) (f) (g) And (h) Of The Code Of Ordinances To Adjust Water Rates For Retail Customers (Council Bill #216) (c) Ordinance To Amend Section 106-251(D) And 106-251(H) Of The Code Of Ordinances To Adjust Sewer Rates For Retail Customers (Council Bill #217) (d) Ordinance Amending Section 106-28 To The Code Of Ordinances To Adjust Fees For Services Provided By The Public Utilities Division (Council Bill #218) (e) Ordinance Amending Sections 90-33, 90-96(a), And 90-126 Of The Code Of Ordinances To Adjust Sanitation Rates For Retail Customers. (Council Bill #219) (f) Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And Support Of The Wichita Falls Municipal Government And Providing For The Interest And Sinking Fund For The 2007-08 Fiscal Year (Council Bill #220) (g) Ordinance Adopting The Annual Budget For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008, And Approving Revisions To the 2006-07 Budget (Council Bill #221) (h) Ordinance Adopting The Five Year Capital Improvement Plan For The Fiscal Year Beginning October 1 , 2007 And Ending September 30, 2012 (Council Bill #222) City Council Agenda Tuesday, September 18, 2007 Page 3 (i) Ordinance Making An Appropriation To The Special Revenue Fund For HIV Prevention Services In The Amount Of $146,667 Received From The Department Of State Health Services And Authorizing The City Manager To Execute Contract Accepting Same (Council Bill #223) (j) Ordinance Making An Appropriation To The Special Revenue Fund For Additional Ryan White Title III Grant Funding From Tarrant County, Texas In The Amount Of $15,000 And Authorizing The City Manager To Execute A Contract Accepting Same (Council Bill #224) 8. Resolutions (a) Resolution Authorizing The Execution Of A Memorandum Of Agreement Between The City Of Wichita Falls And The North Central Texas Medical Foundation, For The Provision Of Medical Services To The Wichita Falls-Wichita County Public Health District (Council Bill #225) (b) Resolution Authorizing The City Manager To Execute A Contract With Habitat For Humanity Of Wichita Falls, Inc. Acting As An Eligible Community Housing Development Organization (CHDO) Under The HOME Investment Partnership Program (Council Bill #226) (c) Resolution Amending The Housing Choice Voucher Program Administrative Plan To Accommodate Flood Victims (Council Bill #227) (d) Resolution Approving The 2007-2008 Budget Of The Wichita Falls 4B Sales Tax Corporation (Council Bill #228) (e) Resolution Awarding Bid And Contract For The Renovation Of The Weeks Park Golf Course Pro Shop (Council Bill #229) 9. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 10. Appointments/Reappointments to the Library Advisory Board. 11 . Adjourn City Council Agenda Tuesday, September 18, 2007 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 2007 at o'clock (a.m.)(p.m.). City Clerk