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Min 07/03/2007 113 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 3, 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 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 Reverend Linda Marcum, Pastor, Beverly Drive United Methodist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mrs. Carolyn Looney, Historic West Floral Heights Neighborhood Association representative, recognized Mrs. Linda Ammons for all her help and work in obtaining the historic designation. In appreciation, the Neighborhood Association presented Mrs. Ammons with a book of the West Floral Heights homes. Mrs. Ammons expressed appreciation to all those that were involved in achieving this designation. Item 3b Mayor recognized Lt. Colonel Shawn Powell, Commander of the 2"d Battalion 355th Regiment 95th Division-United States Army Reserves. It is a Wichita Falls unit and Wichita Falls members are involved. He expressed appreciation for the support they have received from here. Lt. Col. Powell informed that the 2"d Battalion was actively involved in the global war on terrorism. He thanked the Council for the opportunity they had given Capt. Manuel Borrego to serve in this Battalion Division. In appreciation, Lt. Col. Powell presented Mayor Lyne and City Manager Leiker with the Patriotic Employer Award Certificates. He thanked City Manager Leiker for supporting employee participation. Lt. Col. Powell thanked Mayor Lyne for the positive influence he has on different people and expressed appreciation for his support. Lt. Col. Powell commended Command Sgt. Major Borrego for being an outstanding soldier and a good representative for the City in this Battalion. 114 Item 3c Don Dobbins, United Way of Wichita Falls, thanked the City Council for participating in the Earned Income Tax Credit and presented the Mayor with a picture of himself and Ernie the pig. He expressed appreciation to Mayor Lyne for his willingness to help. Mayor commented that this brings money and help to those who need it. Item 3d Mr. Shawn Garcia, Civil Engineer 1, Public Works, was recognized as Employee of the Month for July 2007. Mayor presented Mr. Garcia with a plaque, a check, and restaurant certificates. Mayor Lyne thanked those who have been involved this past week during the flooding crises. He thanked Powell Davis, City Engineer for his expertise and the great job that everyone did at the Emergency Operations Center. There were over forty City staff assisting at the Emergency Operations Center and they worked to the point of being bone tired. He thanked those who served meals as well. The beauty of Wichita Falls is that that is what we do. It is not a job it is what we do. He thanked all the leadership and everyone who helped. Item 4 Gary C. Jones, 2806 Sherman Road, informed that the Texas Commission for the Blind cannot buy bus passes for the blind. He asked all the blind veterans have the ability to ride the buses for free. He asked Council to look into the possibility of providing bus passes to the blind. Mayor stated that Mr. John Burrus would look into that. David Brock, 1819 Hines, commented that it was a good decision to call off the fire works because of the flooding situation. He asked that Council look into the possibility of finding a location to allow families to shoot off fire works and possibly relax the rules. Item 5 The Minutes were approved as distributed. Items 6-7 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 Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6 RESOLUTION NO. 106-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR THE CITY'S ESTIMATED ANNUAL REQUIREMENT OF WATER METER BOXES AND LIDS TO POWERSEAL PIPELINE PRODUCTS IN THE AMOUNT OF $68,042.00.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 115 Item 7 Minutes of the May 16, 2007 Landmark Commission meeting were received. Item 8 A public hearing was held on the proposed use of Community Development Block Grant (CDBG) and HOME Program Funds for the One-Year Action Plan under the Consolidated Plan. Mayor declared the public hearing open. Mr. David Clark explained the proposed use of funds noting that the Council has the ability to reprogram funds with some exceptions and with caution. This is not relative to our flooding crises. We have had applications from certain non-profit organizations. The Council subcommittee met and you have the recommendations before you. We cannot provide assistance inside the flood plane but can develop housing programs outside the flood plane. We are required not to overlap. Be careful of overlapping HUD funds because FEMA may be a larger assistance than HUD. If we get a Presidential declaration we can look at other options and we may be able to obtain other funding. We have a time frame that we have to follow because we have to do notifications and publications, etc. that provide us with eventual declaration of what you are going to use the funds for but it can be changed. Mrs. Susan White informed that the Action Plan had to be in to HUD by August 16, 2007 and there has to be a thirty day comment period prior to that. In order to get that thirty day comment period in we have to advertise. You could set aside a portion of those funds for disaster relief and if we get a federal declaration and if we see we are going to get FEMA funds we can hold another public hearing and those funds could be changed. David Brock, 1819 Hines, commended Staff because they presented what he wants to see, and that is not make a lot of promises until we see what we need for other services, after an evaluation. He does not want the City to move too fast too soon. We do not know what the federal government is going to do. The staff has done an excellent job of presenting this information and he supports what they say. Do not promise funds that you can use somewhere else. Do whatever you have to do in regards to HUD requirements but do not tie your hands until you see what you can do. Councilor Elmore said that he had several calls after the flood about residents who complied with the Code and wanted to know if they were going to have to bring their electrical systems up to Code when they return to their homes, and would that be covered under the block grant. Mr. Clark informed that some of the building inspectors are out checking on this and working with TXU. If plugs have been under water they have to have further checks before they can be turned on. They found several homes that were in that situation. There are going to be problems to turn electricity on, but they are working on this. Councilor Elmore asked if those homes that were previously under Code before the flood would they have to bring them up to current Code. Mr. Clark stated that if the plugs were under water, they would have to be checked. We have to see what is going on, and we have a lot of unanswered questions on those that are in the flood plane. He mentioned different scenarios. City Manager informed that we will have staff reports at the end of meeting where we can answer these questions. Mayor suggested that the affected persons get with their insurance companies to clarify what is what. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Mr. Clark enumerated the Council subcommittee's recommendations. David Brock, 1819 Hines stated that he was not convinced that $50,000 to the Heritage Society was good use of CDBG funds considering the situation we are facing now with the flooding, and wants to see it removed from the list. Mr. Clark informed that it was slum and blight. Councilor Smith commented that it does have historical value. Dolores Culley, Executive Director for the Heritage Society, stated that they have a great deal of need for these funds but they also have a great respect for the City's situation. The old post office building was chosen because of its location. It's the kingpin for the downtown historical district. Every building we have restored has been put back on the tax rolls and this increases the 116 Item 8 continued City's revenue. The old post office building will be the same. The historical district is important to the development of downtown and it is vital that we be able to restore this building, but we will respect anything the Council decides and thank you for your assistance. Councilor Hatcher stated that in the commentary the HOME dollar amount reflected $494, 794 and in the Summary the dollar figure was $514,869. Mr. Clark apologized and stated that the $514, 869 figure was the correct figure. Mayor called for additional comments. There were none. Mayor declared the public hearing closed. Item 9 A proposed resolution was presented approving and adopting the proposed use of funds in the Action Plan of the Consolidated Plan for the period of October 1, 2007 to September 30, 2008. Moved by Councilor Roberts-Burns that proposed resolution be passed. Motion seconded by Councilor Elmore. Mr. Dave Clark informed that this would establish the funds for the upcoming year. He gave several options: a) Council can take a second look either now or later when the goals are clearer; b) Council can conditionally approve this and let the organizations know and then go back and conduct a public hearing and change funds. Mayor said he would like to see this go back to the Council subcommittee and see which ones are affected by matching funds and we may need to have a special meeting to bring it back. Mr. Clark suggested that they look at this year's and next year's funds. City Manager agreed. He said that right now he does not know if we are going to get a Presidential declaration and we can have thirty days to see if that comes about. Mayor wanted to know how much could be set aside; how much is necessary for matching funds. He did not think that there was enough information right now to make decisions. Mrs. White informed that Council needs to take action on these funds by next week. We can check to see where we are with everything we have. Mr. Clark suggested adding this item to the budget workshop agenda meeting next week. Councilor Smith asked what contingency funds were available for emergencies. City Manager replied that we try to maintain a healthy fund balance, 20%-25% on an annual basis in Contingency Fund. Mr. Jim Dockery informed that we have $11.8 million in Contingencies. Councilor Smith stated that he did not want to lose our place in line while looking at funding for the flooding situation. Mr. Clark suggested tabling this or rejecting it. Moved by Councilor Hatcher to table this proposed resolution. Mayor commented that if we can bring it back to the Council next week we will. 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 City Council recessed at 9:35 a.m. and reconvened at 9:55 a.m. 117 Item 10 ORDINANCE NO. 64-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 1200 GRACE STREET, LOT 1-A, BLOCK 26, CARUTHERS SUBDIVISION AND ADJACENT CLARK STREET RIGHT-OF-WAY, FROM LIMITED COMMERCIAL AND SINGLE FAMILY-2 ZONING TO GENERAL COMMERCIAL ZONING AND AMENDING THE LAND USE PLAN; 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. 64-2007 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 11 a RESOLUTION NO. 107-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL E. KOEN, ARCHITECTS FOR ARCHITECTURAL SERVICES FOR THE REMODELING AND RENOVATION PROJECT AT THE MARTIN LUTHER KING CHILD CARE FACILITY; 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. 107-2007 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 11 b RESOLUTION NO. 108-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE 2005 BUDGET UTILITY IMPROVEMENT PROJECT, CWF05-550-19, AND AUTHORIZING FINAL PAYMENT TO WALKER CONTRACTING, 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 Roberts-Burns that Resolution No. 108-2007 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 118 Item 11 c RESOLUTION NO. 109-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING THE JASPER WATER TREATMENT PLANT REHABILITATION AND IMPROVEMENTS CWF04-544-21, AND AUTHORIZING FINAL PAYMENT TO EAGLE CONTRACTING L.P.; 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. 109-2007 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 11 d RESOLUTION NO. 110-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENDORSE THE PROJECT MANAGEMENT PLAN FOR THE LAKE KEMP TEXAS REALLOCATION STUDY; 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. 110-2007 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 11 e RESOLUTION NO. 111-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT TO CHAVEZ CONTRACTING IN THE AMOUNT OF $396,374 FOR PHASE II 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 Elmore that Resolution No. 111-2007 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 119 Item 11 f RESOLUTION NO. 112-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF 1-TON CAB & CHASSIS THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM FROM PHILPOTT MOTORS , IN THE AMOUNT OF $30,259.99; 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. 112-2007 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 12a Staff presented reports on the flooding situation. Mr. Scott Taylor reported that Beaver Creek was up but has gone back down. It will take a while for the river water to go down so we can start getting people back into their homes. We closed the flood gates at Duncan Street Channel and have monitored flood gauges 24 hours/day since Wednesday. According to the last study this is a 50 year event on the river,. Drinking water is safe. Arrowhead is at 100%. The water system is in great shape. We were using the term water instead of flood water when making announcements. There are no boil water notices out. If we find water in a water main leak we will have to put a boil water notice out and it will be only for the particular area not the entire City. We have not found any at this point. We will continue to monitor the river. I will meet with Street Maintenance and Sanitation to discuss how to go about cleaning up the streets and placement of our roll off containers in the affected neighborhoods for people to bring their flood debris. We will be picking up on a routine basis. We will be putting out our large commercial containers as well because of the volume. One issue that we will have to consider is what to do with the appliances that may need to be disposed. These are future issues we will have to deal with. I hope the river will go down so we can begin the clean up process. Councilor Elmore thanked Mr. Taylor and his staff for all their work. He stated that Plum Creek worked beautifully and there is no excess water in any of those properties out there. The waterways and the box culvert all worked very well. We started with a 94 mph wind that left a lot of broken branches and now that Lucy Park flooded citizens need to know where they can take those branches. Thank you. Mr. Taylor informed that Kiwanis Park is still taking branches. That is another thing we will have to discuss at our meeting. Fire Chief Foster reported that they are back to normal operation at their Fire Department as of yesterday. We did not have to hire any overtime to make responses. We had a few people that decided they wanted to get out and we helped them get out. For the most part it was 911 calls that we checked on the welfare of persons. We utilized the Game Warden's services and boats. We posted a boat at Tanglewood and on Eastside. We picked up quite a few animals. We are waiting for the water to go down. It is going to be a long clean up recovery. Health Director Lou Franklin reported that the Health Department is open today and will be giving tetanus shots to those affected by the flood waters. We have been going into the perimeter and picking up animals. Eammon Riley has been wonderful in helping us by kenneling at no charge. We are spraying for mosquitoes and putting out briquettes. She told the residents and volunteers to practice good hand washing and use of a hand sanitizer, and to take health precautions. We are checking on any public health issues. She was not certain if they had received briquettes, but individuals can call and ask for them. Packets are available so they can treat the water when residents go back to their homes. She suggested they check for any standing water; and empty all containers, and always wear repellent with Deet in it. She cautioned residents not be outside at dusk or dawn because that is when mosquitoes are most active. Police Chief Bachman reported that they have 95 people still in shelters and they are being very cooperative. We still have officers patrolling flooding areas. Only people who live in those areas are being allowed to enter when officers feel it is safe. No thefts have been reported. Two 120 Item 12a continued bodies were recovered from the Wichita River and they drowned. We have officers working 12 hour shifts. Building Administrator Bobby Teague reported on the electrical. He reported that there was a rumor that if a house was in the flood that owners would have to revamp but that is not necessarily true. We have looked at several houses and we have pulled seven meters. If water got into the receptacles they have to be pulled. If they flooded to the roof they will have to be revamped. Contact his office for more information. Councilor Elmore asked if there was no damage to the property would they have to bring them up to current Code. Mr. Teague replied that they are trying to find the meters that had water in them and they will have to be pulled. Police Chief Bachman informed that citizens need to be cautious when they go back and clean. Make sure you have a legitimate contractor. People come in and rip citizens off. Be cautious of people wanting all the money up front. Mr. Teague added that the City requires contractors to obtain a license. He suggested that they contact his office for information on licensed contractors. City Manager reported that the Emergency Operations Center had been open for one week and a lot of these employees have worked many many hours. Every City department has been affected in some way. He thanked these employees who have done a great job. We still have a long way to go. I am very proud of our staff. Item 12b Councilor Roberts-Burns expressed concern for the citizens who were displaced, and asked that we see how we can meet some of their needs. I want to thank City staff for doing a great job working long hours during this flooding situation. They are very dedicated people. Councilor Elmore asked if the flooding in Scotland Park was going to affect the school. Mr. Taylor replied that it was. They are gong to be delayed waiting for the flood waters to do down. They may have to rework some of the materials they put out there. Councilor Barham echoed the other Councilors' comments. It was amazing to see the cooperation in the Emergency Operations Center, and he thanked everyone in the organization. Councilor Barham stated that he and Councilor Smith have been attending new councilor orientation and he has been amazed at what he has learned. We have learned a lot especially in Public Works. They are all very dedicated. This organization is overall a wonderful organization. They all work hard and do what is expected of them and they do it willingly. Councilor Hatcher echoed everything the other Councilors have said. Our hearts go out to those affected by this disaster. Most people will not have the correct insurance to make them whole on this deal. I encourage everyone in Wichita Falls to help. See what you can do for the Red Cross and the various churches to help these people when they get back to their homes. Do what Wichita Falls is known for, and that is to step up and help everyone through this thing. We have a good system in place. He commended everyone in the City for what they have done. He asked residents and everyone to remain patient until we get through this. We will do 150% and we will get through it. Councilor Gonzalez echoed Council's concerns and thanked staff and everybody that was volunteering. He went to the Emergency Operations Center and saw everyone in action, and was so proud how the facility fell into place. It serves its purpose very well. He thanked staff and everyone for their work and the rest of the employees of the City. They have done a wonderful job but it is not the end. I was impressed with the way everything went. Councilor Gonzalez informed that he had attended the TML Legislative Update and there were several things there that he came back impressed about in that our City is more on the cutting edge than some people think. There was an animal control personnel law that requires them to be certified and we have been doing that for some time now. Kudos to our Health Department. Councilor Smith echoed the comments of the work of the City staff during the past two weeks with the 94 mph wind storm followed by the floods. He visited the Emergency Operations Center and he understands that is the first time it has been called into use. The facility was 121 Item 12b continued designed well and it is staffed on 12 hour shifts and they have done an excellent job. There was good interaction with other entities. He was very impressed, and it is nice to know there is a facility like that that can be called together within hours. It is going to be a long cleanup process. Councilor Smith commented that they are going through orientation visits and it is amazing what goes into making a city operate. I have learned a lot. We are amazed with what goes on behind the scenes in Wichita Falls. Appreciate all the efforts that have gone into that. Councilor Smith stated that there were a few other things that Council has information on like the Humane Society's request to look at their contract, and he appreciates the quick response from the staff to the Humane Society on that. It is something we really need to look at. There will be some discussions with options on that. Councilor Smith stated that he appreciated the response from the Heritage Society regarding the CDBG funding. We really need to look into that. There will be discussions taking place with options. Councilor Smith mentioned that the new updated census report was out. He stated that there was a report in the Ft. Worth Star Telegram newspaper listing cities with a population over 100,000 and Wichita Falls was not listed. I was very disturbed to know that there is a list put out by the Census Bureau that does not have us on as a city over 100,000 population. He asked that staff along with Council and other organizations look into this and that we do something about it. Review that information and try to get our name back on that over 100,000 population list. We need to be on the list to attract growth and jobs. I would like for us to do everything we can to have that corrected. Councilor Smith stated that he was going to mention some things as an overview in light of the flooding situation and how it is affecting our City. There was a letter or two on Illegal trash left by dumpsters and I have talked to Sanitation about that but for now will leave on the back burner in light of the flooding situation. I had a call about the requirement for tarps over vehicles hauling trash; again in light of our situation I will address that with staff later. Councilor Smith asked Code and City staff that as we get past the clean up of the flooding, that they let their needs be known to the Council in getting our town back in good shape. He thanked staff for all their work. Mayor Lyne informed that the Oil Bowl was a big success and Councilor Hatcher's daughter did a great job of singing the national anthem. Mayor Lyne encouraged residents hiring contractors/workers to check for licenses and check with the Better Business Bureau to verify legitimacy. Mayor Lyne acknowledged that Emergency Operations Center Coordinator Dave Goodrich had done a great job. We have some agencies that over react during a disaster and Dave is a calming force and we did have to rein some folks back in. What a great team! Mayor informed that 47 counties in this state have been affected. We now have folks here from the American Red Cross, Salvation Army, Nortex, Victim Relief Ministries, Texas Baptist Men, Forest Service; and Texas Military forces are coming in today to start the point of distribution at the United Super Mercado on Loop 11. He thanked the United Supermarkets for opening that up to us. The Latter Day Saints have clean up crews coming in as well as the Texas Alert Teams with clean up teams. They are here to assist our citizens to clean up, but they will not go in without the residents there. They will have kits for the clean up process. We have had an outstanding time in a time of crises. State folks have been great; County has been good. It is not done; we are past the crises but not past the work and it will take a lot. Items 13a-13b City Council went into Executive Session at 11:05 a. m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 11:23 a.m. Mayor announced that no votes or polls were taken during Executive Session. 122 Item 14a Moved by Councilor Gonzalez to appoint Mr. Gary McClendon to the Wichita Falls Economic Development Corporation, Place 1, with term to expire July 31, 2010. Motion seconded by Councilor Robert-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 14b Moved by Councilor Gonzalez to reappoint the following persons to the 4B Sales Tax Corporation with all terms to expire July 31, 2009 Mr. Robert Seabury - Place 1 Mr. Warren Ayres — Place 2 Mr. Alan Donaldson — Place 3 and to appoint Mr. Jim Ginnings to Place 5, with term to expire July 31, 2009. 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 14c Appointments to the Helen Farabee Regional MHMR Centers Board were postponed until a later date. Item 14d Mayor Lyne reappointed Mr. Rodney Martin, Place 1 and Mrs. Carol Marlar, Place 2 to the Housing Authority with terms to expire July 31, 2009, and appointed Mr. Dennis Wilde to Place 3, with term to expire July 31, 2009. Council concurred. Item 14e Moved by Councilor Gonzalez that Mrs. Renae Murphy be reappointed to the Wichita County/City Hospital Board, Place 1, with term to expire July 1, 2009. 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 14f Moved by Councilor Gonzalez to appoint Mrs. Carol Lunce to Place 8 of the Library Advisory Board with term to expire July 31, 2010. Other appointments were postponed until later. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, 123 Item 14f continued. and Elmore Nays: None Item 14g and Item 14h Appointments to the North Texas Regional Library System Assembly Representative and Alternate were postponed until later. Item 14i Moved by Councilor Gonzalez to appoint Mr. Rick Wright, Animal Shelter Operator, to Place 3 of the Animal Shelter Advisory Committee, with term to expire December 31, 2007 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 146 Moved by Councilor Gonzalez that the following persons be reappointed to Arts Commission, with all terms to expire July 31, 2009 Mr. Jim Hughes— Place 8 —At Large Mr. John Vitek— Place 13—At Large Mr. John Hirschi — Place 16— Kemp Center for the Arts Representative Mr. Harley Mills— Place 17 - Fire & Police Museum Representative and that Mrs. Catherine Prose be appointed to Place 11, At Large, with term to expire July 31, 2008, and that Mr. Jesse West be appointed to Place 15, At Large, with term to expire July 31, 2009. 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 15 Moved by Mayor Lyne to appoint Councilor Ray Gonzalez as Mayor Pro Tem. 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 124 Item 15a ORDINANCE NO. 65-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AND CONTINUING THE DECLARATION OF DISASTER SIGNED ON JUNE 29, 2007, BY MAYOR LANHAM LYNE; 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 Ordinance'No. 65-2007 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 adjourned at 11:35 a.m. PASSED AND APPROVED this day of 2007. LfiLL ~-- MAYOR TEST: - Lydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, July 3, 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: Rev. Linda Marcum, Pastor Beverly Drive United Methodist Church (b) Pledge Of Allegiance 3. Presentations (a) Linda Ammons By West Floral Heights Neighborhood Assoc. (b) Patriotic Employer Award Certificate By 2nd Battalion 355th Regiment 95th Division-United States Army Reserves (c) Hear A Presentation By The United Way Of Wichita Falls (d) Employee Of The Month — Shawn Garcia — Public Works 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of June 19, 2007 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Resolution Authorizing Award Of Bid For The Purchase Of The City's Estimated Annual Requirement Of Water Meter Boxes And Lids To Powerseal Pipeline Products In The Amount Of $68,042.00. (Council Bill #170) City Council Agenda Tuesday, July 3, 2007 Page 2 7. Receive Minutes - Landmark Commission, May 16, 2007 REGULAR AGENDA 8. Final Public Hearing On The Proposed Use Of Community Development Block Grant (CDBG) And HOME Program Funds For The One-Year Action Plan Under The Consolidated Plan. 9. Resolution Approving The Proposed Use Of Funds In The Action Plan Of The Consolidated Plan For The Period Of October 1, 2007 To September 30, 2008 (Council Bill #171) 10. Ordinance Rezoning 1200 Grace Street, Lot 1-A, Block 26, Caruthers Subdivision And Adjacent Clark Street Right-of-way, From Limited Commercial And Single Family-2 Zoning To General Commercial Zoning And Amending The Land Use Plan (Council Bill #172) 11 . Resolutions (a) Resolution Approving A Professional Services Agreement With Michael E. Koen Architect, Inc. For Architectural Services For The Remodeling And Renovation Project At The Martin Luther King Child Care Facility Located At 1100 Smith (Council Bill #173) (b) Resolution Accepting the 2005 Budget Utility Improvement Project, CWF05-550-19 and Authorizing Final Payment to Walker Contracting, Inc. (Council Bill #174) (c) Resolution Accepting the Jasper Water Treatment Plant Rehabilitation and Improvements Project (CWF04-544-21) and Authorizing Final Payment to Eagle Contracting, L.P. (Council Bill #175) (d) Resolution Authorizing The City Manager To Endorse The Project Management Plan Lake Kemp Texas Reallocation Study (Council Bill #176) (e) Resolution Awarding Bid And Contract To Chavez Contracting In The Amount Of $396,374 For Phase II Of The Four-Field Addition To The City's Softball Complex (Council Bill #177) City Council Agenda Tuesday, July 3, 2007 Page 3 (f) Resolution Authorizing The Purchase Of A 1-Ton Cab & Chassis Through The Houston-Galveston Area Council Of Governments Cooperative Purchasing Program From Philpott Motors (Council Bill #178) 12. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 13. Executive Session (a) Consider Qualifications Of Possible Appointees To The Following Boards/Commissions As Authorized By Section 551 .074 Of The Texas Government Code. (1) W.F. Economic Development Corporation (4A) (2) 4B Sales Tax Corporation (3) Helen Farabee Regional MHMR Centers Board of Trustees (4) Housing Authority (5) Wichita County/City Hospital Board (b) Consider Qualifications Of Possible Appointees To Position Of Mayor Pro Tern As Authorized By Section 551.074 Of The Texas Government Code. 14. Open Session Appointments/Reappointments to the following Boards and Commissions. (a) W.F. Economic Development Corporation (4A) (b) 413 Sales Tax Corporation (c) Helen Farabee Regional MHMR Centers Board of Trustees (d) Housing Authority (e) Wichita County/City Hospital Board (f) Library Advisory Board (g) N.T. Regional Library System Assembly Representative (h) N.T. Regional Library System Assembly Alternate Rep. (i) Animal Shelter Advisory Committee 0) Arts Commission City Council Agenda Tuesday, July 3, 2007 Page 4 15. Appointment of Mayor Pro Tern 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 EMERGENCY SUPPLEMENTAL NOTICE OF MEETING BECAUSE OF SIGNIFICANT RAINFALL AND CONTINUED FLOODING IN PORTIONS OF THE CITY OF WICHITA FALLS, THE WICHITA FALLS CITY COUNCIL WILL CONSIDER DURING ITS MEETING JULY 3, 2007 THE FOLLOWING EMERGENCY ITEM; ITEM 15 (a) AN ORDINANCE TO APPROVE AND CONTINUE THE DECLARATION OF DISASTER AS ORDERED ON JUNE 29TH, 2007 BY MAYOR LANHAM LYNE IN ACCORDANCE WITH SECTION 418.108 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above emergency notice was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on July 2, 2007 at p.m. by Bill Sullivan, City Attorney. Bill Sullivan City Attorney