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Min 06/19/2007 103 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building June 19, 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 Jim Ginnings - 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 Pastor Brett Storseth, Fairway Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 City Clerk Lydia Ozuna and Mayor Lyne canvassed the returns of the Municipal Runoff Election held in the City of Wichita Falls on June 16, 2007. Item 4 ORDINANCE NO. 58-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TX, CANVASSING THE RETURNS OF THE MUNICIPAL RUNOFF ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON JUNE 16, 2007; 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.58-2007 be passed with the election results as canvassed and inserted in the blanks as follows, as well as the newly elected Councilor at Large. 3548 voters voted in said election. 104 Item 4 continued COUNCILOR AT LARGE Jim Ginnings received 1762 votes. Glenn Barham received 1782 votes. Glenn Barham was elected as the Councilor at Large. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 5 City Clerk Lydia Ozuna administered the official Oath of Office and presented Certificate of Election to Glenn Barham, Councilor At Large. Mayor Lyne expressed appreciation to Councilor Ginnings for his two years of service to our community. It has been a pleasure working with you and serving with you. Mayor presented Councilor Ginnings with a gift. This is a remembrance from us and the City saying "thanks" for what you have done. Councilor Ginnings stated that in a recent commencement address Yogi Berra made this comment "Strive for success and remember you won't get what you want unless you want what you get". Councilor Ginnings commended Glenn Barham for the support of his fire and police people, and for demonstrating once more what it takes to win elections. You have to stay until it is over. Whatever audience and public is out there, maybe you have learned that you don't call the dogs until the hunt is over. Councilor Ginnings recognized his wife, Ann, who was present in the audience. He joked that she had come in case she had to drive him home. Councilor Ginnings mentioned several things that worry him about the future, one external and one internal. First, the State continues to collect more in fees from the cities to appear to not to be raising taxes and to limit our sources of income and our ability to raise and utilize these sources for our local needs. Second and most important is the pervasive voter apathy. Other than those in this room, there does not seem to be an audience to appeal to for citizen involvement in local government. The results of this election have given the public safety unions considerable political advantage in city government. The Charter Commission in an effort to prevent minority government, and I use that word numerically, effected a majority provision which is and has created the runoff situation. We have seen the effect and what we have is a minority situation. The very thing we attempted to eliminate we have enabled. I want to say that Council now will consider the self focused agendas from the public safety unions. To support the City I hope you will support the agenda of the Mayor and City Manager who will look at the needs of the City and the sources of revenue and look at it with equanimity and with an even hand. He hopes the Mayor receives the support of this Council as he proceeds forward with the budget. Councilor Ginnings hopes that the City Manager is able to keep in the new budget the nine new patrol officers that he had given him as a budget item to consider and the special prosecutor, anticipating a greater need as a result of our planned expansion of our gang injunction, and the perception by some that our prosecution may be slow. If we can take control of that I believe our community will be better served. I know that it will get a fair hearing; I just hope we can find the money to do that. It has been an honor and a pleasure to serve with this Staff and this Council. City Council recessed at 8:45 a.m. for a reception honoring outgoing Councilor Ginnings and newly elected Councilor Barham. City Council reconvened at 9:10 a.m. Councilor Barham took his place on the dais. 105 Item 6 Mayor called the meeting to order. Item 7 Joy Parsons, 4723 Augusta Lane, spoke on the flag and what it stands for. She informed that legislation awaits action on two bills, HR 1415 and S576 to "Restore the constitution". June 25-29 has been designated as "Call in to congress Week". She encouraged citizens to contact their representatives and senators to co-sponsor this invaluable legislation, and asked that Council consider passing a resolution that those parts of the patriot act which are unconstitutional will not be upheld in these City limits. David Brock, 1819 Hines, said he had received two citations a year ago for building code violations and after meeting with the prosecutor it was supposed to have been resolved. A year later it is a total change from the original claim that was made. He asked that Council look into this to see what is happening and who is doing this. It is pure retaliation. He said he will continue to voice his opinion at every council meeting and criticize staff until something is done. Item 8 The Minutes were approved as distributed. Items 9a-9c City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Smith that the Consent Agenda be approved. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Minutes of the following board and commission meetings were received (a) Park Board —April 26, 2007 (b) Traffic Safety Commission — May 2, 2007 (c) Civil Service Commission — May 10, 2007 Item 12a was moved up on the agenda. Item 12a RESOLUTION NO. 96-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, A RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH NEW CUSTOMER SERVICE COMPANIES, INC. AND AUTHORIZING AN AMENDMENT TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION 2006-2007 BUDGET; 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. 96-2007 be passed. Motion seconded by Councilor Hatcher. Mayor stated that the figure of$600,000 in Section 2 of the Ordinance be inserted in the blank. Motion carried by the following vote. 106 Item 12a continued Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10 A public hearing was held to determine if certain buildings and/or structures are dangerous. Mayor declared the public hearing open. The following persons spoke and requested extension of time to rehab their properties. Item 2, 700 Marconi, Owner— LeRoy Cleaver, Jr., 1612 Red Fox Mr. Cleaver stated that he could repair both structures within thirty days. Mr. Dave Clark informed that Mr. Cleaver had been given additional time previously and nothing has been done. Item 4, 704 Webster, Owners — Robert Van Voltenberg and Lucy Van Voltenberg, 708 Webster Mr. Voltenberg stated that he wants to repair the structures. He is currently using one structure as storage. Item 9, 2202 Yale, was removed from the demolition list; owner authorized City to demolish. Item 12, 1109 Crescent, Owners are deceased and the property is in question as to the ownership. Pam McWhorter, 409 S. Cedar, Holliday, stated that the owners were her grandparents and she suggested that the heirs be given thirty days to respond and notify them that the City will demolish the structures if you do not hear from them. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 11 a ORDINANCE NO. 59-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TX, 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. 59-2007 be passed with the following extensions of time. Item 2, 700 Marconi, allowed an additional 30 days under a Restoration Permit. Item 4, 704 Webster, allowed an additional 30 days under a Restoration Permit Item 9, 2202 Yale was removed from the demolition list; City will demolish Item 12, 1109 Crescent, allowed an additional 30 days under a Restoration Permit 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 • 107 Item 11 b ORDINANCE NO. 60-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND IN THE AMOUNT NOT TO EXCEED EIGHTY THOUSAND DOLLARS ($80,000) TO NORTH TEXAS VISIONS OF WICHITA FALLS (VISIONS)/DOWNTOWN WICHITA FALLS DEVELOPMENT, INC. (DWFD, INC.) FOR STAFFING AND OPERATIONAL PURPOSES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Ordinance No. 60-2007 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 11 c ORDINANCE NO. 61-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TX, MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND #1 IN THE AMOUNT NOT TO EXCEED $35,000.00 FOR REHABILITATION IMPROVEMENTS AT 801 OHIO 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 Roberts-Burns that Ordinance No. 61-2007 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 11 d ORDINANCE NO. 62-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TX, MAKING AN APPROPRIATION FROM THE TAX INCREMENT FINANCING (TIF) FUND #1 IN THE AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) 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 Roberts-Burns that Ordinance No. 62-2007 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 108 Item 11e ORDINANCE NO. 63-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM; MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $108,863.00; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH CO-APPLICANT, WICHITA COUNTY, AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH GRANT ACCEPTANCE; 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. 63-2007 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 10:30 a.m. and reconvened at 10:40 a.m. Item 12b RESOLUTION NO. 97-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN AGREEMENT WITH AMEC ENVIRONMENTAL FOR THE COMPLETION OF A CONCEPT DESIGN FOR THE POLICE DEPARTMENT FIRING RANGE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Gonzalez that Resolution No. 97-2007 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 12c RESOLUTION NO. 98-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A DESIGN SERVICES AGREEMENT WITH GRINDLINE SKATEPARKS, INC. TO DESIGN 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. 98-2007 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 • 109 Item 12d RESOLUTION NO. 99-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT TO BOWLES CONSTRUCTION IN THE AMOUNT OF $489,500 FOR PHASE I OF THE FOUR-FIELD ADDITION TO THE CITY'S SOFTBALL COMPLEX; 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. 99-2007 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 12e RESOLUTION NO. 100-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO PROVIDE NOTICE TO THE WICHITA FALLS INDEPENDENT SCHOOL DISTRICT TO PROCEED WITH CONSTRUCTION OF AN ADULT SIZED GYMNASIUM AT THE NEW ELEMENTARY SCHOOL ON LAND CURRENTLY IN SCOTLAND PARK, IF CERTAIN CONDITIONS ARE MET; 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. 100-2007 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 12f RESOLUTION NO. 101-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TX, TO AWARD BID AND CONTRACT FOR TAXIWAY "C" REHABILITATION PROJECT AT WICHITA FALLS MUNICIPAL AIRPORT; 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 Resolution No. 101-2007 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 110 Item 12g RESOLUTION NO. 102-2007 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH URS CORPORATION FOR CONSTRUCTION QUALITY ASSURANCE TESTING AND RESIDENT PROJECT REPRESENTATIVE (RPR) SERVICES IN CONJUNCTION WITH THE TAXIWAY "C" PROJECT AT WICHITA FALLS MUNICIPAL AIRPORT; 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. 102-2007 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 12h RESOLUTION NO. 103-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TX., TO APPROVE CHANGE ORDER NO. 1 FOR THE TAXIWAY "C" PROJECT AT WICHITA FALLS MUNICIPAL AIRPORT; 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. 103-2007 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 12i RESOLUTION NO. 104-2007 RESOLUTION GRANTING A TWENTY FOOT, TEN INCH BY TWO HUNDRED AND THIRTY FOOT (20' 10" X 230') TEMPORARY CONSTRUCTION EASEMENT TO MCCARTHY BUILDING COMPANIES, INC. ON THE RIGHT-OF-WAY LOCATED ALONG 12T" STREET BETWEEN GRACE STREET AND MARSHALL FOR A PERIOD OF 24 MONTHS FOR THE PLACEMENT OF CONSTRUCTION TRAILERS, WICHITA FALLS, WICHITA COUNTY, TEXAS, 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.104-2007 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 111 Item 13a Mr. Scott Taylor reminded everyone that the landfill transfer station on Lawrence Road will be closed starting June 24th through June 30th. The Wiley Road landfill is open to City residents at no charge. He reminded citizens to cover the debris if transporting in the back of a truck. Item 13b Councilor Smith stated that Councilor Ginnings had kept Council and Staff on their toes. He expressed his gratitude to Councilor Ginnings for his service on the Council and welcomed Councilor Barham. Councilor Smith commended Mr. Steve Lane for moderating the Planning and Zoning Commission meeting, which he attended. He stated that it was grass roots democracy in action. Councilor Smith also attended a firefighters' meet and confer meeting with the City Manager and he was pleased with what he saw during this meeting. The two sides were not that much in disagreement on many issues. Councilor Smith asked that staff look at ways to alleviate residential parking around Lucy Park during Falls Fest. Councilor Gonzalez asked for a time frame on pouring the concrete at the entrance to Kickapoo Airport. Mr. John Burrus replied that the rain had caused delays, but without the rain it should be completed within 48 hours. Councilor Gonzalez informed that he had attended a TML meeting in Houston and he had an opportunity to mention our compost program. They will be contacting Scott Taylor for details. Councilor Gonzalez commended Roy Johnson and Lloyd Hofner, Parks Department, for the quick response to broken sprinkler heads on Bridwell Street. Councilor Hatcher welcomed Councilor Barham and said he had enjoyed working with Councilor Ginnings the last few years. Councilor Hatcher encouraged everyone to attend the Oil Bowl activities this weekend. His daughter will be singing the national anthem at the game. Councilor Hatcher expressed appreciation to Mr. Bob Sullivan and his staff for all their work at MPEC and the coliseum. It is a wonderful place to attend events and he encouraged everyone to support their efforts. Councilor Barham said that he is looking forward to working with the Council, staff, and the community as a whole. As Councilor At Large he has some big shoes to fill and expressed deep appreciation to all voters. He is excited about the upcoming 2 years. Councilor Elmore requested a short meeting with Animal Control Division. Councilor Elmore reminded everyone to convey positive comments at the Roughnecks Baseball games. Councilor Roberts-Burns asked that the Parks Department look into beautifying the memorial at Duncan and Andrews Drive. Councilor Roberts-Burns invited everyone to attend the downtown festivities this coming Saturday. Mayor Lyne reminded and invited everyone to attend the Oil Bowl game and the parade this coming Saturday. Mayor Lyne asked Scott Taylor to remind the contractors working on the United Regional Health Care System Building Project of the future possibility that Eleventh Street would become two-way traffic. Mayor Lyne read a letter from Major General Ralston of Fort Sill, Oklahoma applauding the City of Wichita Falls dive team in their relentless efforts in the search and rescue operation of two boaters. 112 , Item 14 City Council went into Executive Session at. 11:45 a. m. as authorized by Section 551.071 of the Texas Government Code. City Council reconvened at 12:34 p.m. Mayor announced that no votes or polls were taken during Executive Session. Item 15 RESOLUTION NO. 105-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO DECLARE M.W. BUILDERS OF TEXAS, INC., IN DEFAULT OF THE CONTRACT FOR THE CONSTRUCTION OF A MEMBRANE FACILITY AT CYPRESS WATER TREATMENT PLANT; 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. 105-2007 be passed. Motion seconded by Councilor Barham. Moved by Councilor Elmore to amend Section 1 of the proposed resolution by replacing the June 22 date with June 26. 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 Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council adjourned at 12:40 p.m. PASSED AND APPROVED this day o , 2007. C::�4 L4__ MAYOR ATTES Lydi una Cit CI rk 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, June 19, 2007 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1. Call To Order 2. (a) Invocation: Pastor Brett Storseth Fairway Baptist Church (b) Pledge of Allegiance 3. Canvass The Returns Of The Municipal Run-off Election Held In The City Of Wichita Falls, Texas On June 16, 2007. 4. Ordinance Canvassing The Returns Of The Municipal Runoff Election Held In The City Of Wichita Falls, Texas On June 16, 2007. (Council Bill #154) 5. Administration Of Official Oath To Newly Elected Council Member. RECESS 6. Call To Order 7. 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. 8. Approval Of Minutes Of June 5, 2007 Regular Meeting Of The Mayor And City Council. City Council Agenda Tuesday, June 19, 2007 Page 2 CONSENT AGENDA 9. Receive Minutes (a) Park Board, April 26, 2007 (b) Traffic Safety Commission, May 2, 2007 (c) Civil Service Commission, May 10, 2007 REGULAR AGENDA 10. Public Hearing To Determine If Certain Buildings And/Or Structures To Be Dangerous 11 . Ordinances (a) 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 (Council Bill #155) (b) Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund In The Amount Not To Exceed $80,000 To The Downtown Wichita Falls Development, Inc. (DWFD, Inc.) For Staffing And Operational Purposes And Authorizing The City Manager To Execute An Agreement. (Council Bill #156) (c) Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund #1 In The Amount Not To Exceed Thirty Five Thousand Dollars ($35,000.00) For Improvements And Fagade Rehabilitation At 801 Ohio Street. (Council Bill #157) (d) Ordinance Making An Appropriation From The Tax Increment Financing (TIF) Fund #1 In An Amount Not To Exceed Ten Thousand Dollars ($10,000.00) For Improvements At 1714 Ninth Street (Council Bill #158) (e) Ordinance Accepting Grant Funds Received From The Edward Byrne Memorial Justice Assistance Grant Program; Making An Appropriation In The Special Revenue Fund In The Amount Of City Council Agenda Tuesday, June 19, 2007 Page 3 $108,863.00; Authorizing The City Manager To Execute An Interlocal Agreement With Co-Applicant, Wichita County, And All Other Documents Necessary To Accomplish Grant Acceptance (Council Bill #159) 12. Resolutions (a) Resolution Approving An Economic Development Incentive Agreement With NEW Customer Service Companies, Inc. And Authorizing An Amendment To The Wichita Falls Economic Development Corporation 2006-2007 Budget (Council Bill #160) (b) Resolution Approving An Agreement With AMEC Environmental For The Completion Of A Concept Design For The Police Department Firing Range (Council Bill #161) (c) Resolution Approving A Design Services Agreement With Grindline Skateparks, Inc. To Design A Concrete Skate Park (Council Bill #162) (d) Resolution Awarding Bid And Contract To Bowles Construction In The Amount Of $489,500 For Phase I Of The Four-Field Addition To The City's Softball Complex (Council Bill #163) (e) Resolution Authorizing The City Manager To Provide Notice To The Wichita Falls Independent School District To Proceed With Construction Of An Adult Sized Gymnasium At The New Elementary School On Land Currently In Scotland Park, If Certain Conditions Are Met (Council Bill #164) (f) Resolution To Award Bid And Contract For Taxiway "C" Rehabilitation Project At Wichita Falls Municipal Airport (Council Bill #165) (g) Resolution Authorizing The City Manager To Execute An Agreement With URS Corporation For Construction Quality Assurance Testing And Resident Project Representative (RPR) Services In Conjunction With The Taxiway "C" Project At Wichita Falls Municipal Airport (Council Bill #166) (h) Resolution To Approve Change Order No. 1 For The Taxiway "C" Project At Wichita Falls Municipal Airport (Council Bill #167) (i) Resolution Granting A Temporary Construction Easement to McCarthy Building Companies, Inc. On The Right-Of-Way Located Along 12th Street Between Grace Street And Marshall For A Period Of 24 Months For The Placement Of Construction Trailers (Council Bill #168) City Council Agenda Tuesday, June 19, 2007 Page 4 13. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 14. Executive Session - Consultation With City Attorney As Authorized By Section 551.071 Of The Texas Government Code. 15. Resolution Authorizing The City Manager To Declare M.W. Builders Of Texas, Inc., In Default Of The Contract For The Construction Of A Membrane Facility At Cypress Water Treatment Plant (Council Bill #169) 16. 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