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Min 05/15/2007 85 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 15, 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 Linda Ammons - 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 George Davis, New Harvest 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 Special - General Municipal Election held in the City of Wichita Falls on May 12, 2007. Item 4 ORDINANCE NO. 48-2007 ORDINANCE CANVASSING THE RETURNS OF THE MUNICIPAL GENERAL- SPECIAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON MAY 12, 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.48-2007 be passed with the election results as canvassed inserted in the blanks as follows. 4890 voters voted in said election. 86 Item 4 continued COUNCILOR AT LARGE Jim Ginnings received 2285 votes. Glenn Barham received 1790 votes. Harold Hawkins received 693 votes. COUNCILOR DISTRICT 1 Don Rigg received 384 votes. Raudel "Rowdy" Gonzalez received 129 votes. Michael L. Smith received 699 votes. COUNCILOR DISTRICT 2: Dorothy Roberts-Burns received 160 votes. PROPOSITION Authorizing the City of Wichita Falls to operate under the state law allowing a municipality to meet and confer and make agreements with the association representing municipal police officers as provided by state law, preserving the prohibition against strikes and organized work stoppages, and providing penalties for strikes and organized work stoppages. For received 2469 votes. Against received 2313 votes. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6 City Clerk Lydia Ozuna administered the official Oath of Office to Mr. Michael L. Smith, Councilor District 1, and Mrs. Dorothy Roberts-Burns, Councilor District 2. City Clerk presented Certificates of Election to Councilor Smith and Councilor Roberts-Burns. Mayor Lyne presented outgoing Councilor District 1 Linda Ammons with a gift and memorabilia in recognition of her service on the City Council. Mrs. Ammons expressed appreciation to the Council as well as the City Staff for the presentations. City Council recessed at 9:15 a.m. for a reception honoring outgoing Councilor Ammons and newly elected Councilor Smith and re-elected Councilor Roberts-Burns. City Council reconvened at 9:40 a.m. Councilor Smith took his place on the dais. Item 8 Mayor recognized the graduating seniors of City of Wichita Falls employees. Mayor congratulated the graduates and their parents and presented them with a gift. Item 9 David Brock, 1819 Hines stated that retaliation was the reason for prosecution to pursue cases that are not warranted. He felt that citizens should be able to fight City Hall without retaliation, and there should be justice. Justice should be above all and City Staff should work with the citizens and they should not have to face retaliation. He asked the Council to stop the retaliation when someone speaks out against City employees. 87 Item 10 The Minutes were approved as distributed. Items 11 a-11 q 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 Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Minutes of the following board and commission meetings were received (a) Wichita Falls-Wichita County Public Health Board — February 23, 2007 (b) Civil Service Commission — March 20, 2007 (c) Park Board — March 22, 2007 (d) Library Advisory Board — March 27, 2007 (e) Landmark Commission — March 28, 2007 (f) Traffic Safety Commission —April 4, 2007 (g) Wichita Falls Economic Development Corp—April 11, 2007 Item 5 was considered at this time. Item 5 ORDINANCE NO. 49-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS ORDERING AND GIVING NOTICE OF A RUNOFF ELECTION, PROVIDING FOR A RUNOFF ELECTION TO BE HELD 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 Hatcher that Ordinance No. 49-2007 be passed. 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 12a ORDINANCE NO. 50-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR RYAN WHITE TITLE II GRANT FUNDING IN THE AMOUNT OF $178,163 RECEIVED FROM TARRANT COUNTY, TEXAS 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 Elmore that Ordinance No. 50-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. 88 Item 12a continued Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12b ORDINANCE NO. 51-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR RYAN WHITE TITLE II INSURANCE CONTINUATION GRANT FUNDING IN THE AMOUNT OF $11,234 RECEIVED FROM TARRANT COUNTY, TEXAS 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 Roberts-Burns that Ordinance No. 51-2007 be passed. 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 12c ORDINANCE NO. 52-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ORDINANCE MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT FUNDING RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $10,182. 00. 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. 52-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12d ORDINANCE NO. 53-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROPRIATING A GRANT IN THE AMOUNT OF $200,000 FROM THE OFFICE OF ECONOMIC ADJUSTMENT OF THE U.S. DEPARTMENT OF DEFENSE FOR THE PURPOSE OF CONSULTANT SERVICES FOR THE DEVELOPMENT OF A DEFENSE DIVERSIFICATION 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 Roberts-Burns that Ordinance No. 53-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. 89 Item 12d continued Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12e ORDINANCE NO. 54-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, ABANDONING, AND VACATING A PORTION OF BELL STREET BETWEEN AVENUE I AND AVENUE H CONTAINING APPROXIMATELY 19,200 SQUARE FEET AS INDICATED IN THE ATTACHED EXHIBIT "A"; 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. 54-2007 be passed. 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 12f ORDINANCE NO. 55-2007 ORDINANCE CLOSING, ABANDONING, AND VACATING AN IRREGULAR SHAPED ALLEY BEHIND 1625 AND 1627 11T" STREET CONTAINING APPROXIMATELY 1,255.24 SQUARE FEET AS INDICATED IN THE ATTACHED EXHIBIT "A"; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ginnings that Ordinance No. 55-2007 be passed. 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 13a RESOLUTION NO. 75-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FREESE AND NICHOLS, INC. FOR CONSULTANT SERVICES TO PREPARE A DEFENSE DIVERSIFICATION PLAN; 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. 75-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. 90 Item 13a continued Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13b RESOLUTION NO. 76 -2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FREESE AND NICHOLS, INC. FOR CONSULTANT SERVICES TO PREPARE A DOWNTOWN PLAN AND A LOCAL UPDATE PLAN; 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. 76-2007 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City council recessed at 11:10 a.m. and reconvened at 11:20 a.m. Item 13c RESOLUTION NO. 77-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH JMWJR PROPERTIES, LLC FOR A SMALL PARCEL OF LAND TWENTY-TWO (22') FOOT BY NINETY (90') FOOT CONTAINING APPROXIMATELY 1980 SQUARE FEET IMMEDIATELY ADJACENT TO THE KEMP KELL DEPOT PROPERTY AT 503 8T" STREET AS INDICATED ON THE ATTACHED EXHIBIT "A"; 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. 77-2007 be passed. 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 13d RESOLUTION NO. 78-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE SALE AND TRANSFER OF OWNERSHIP OF THE IMPROVEMENTS LOCATED AT 3301 ARMORY ROAD FORMERLY KNOWN AS THE SOUTHSIDE NEIGHBORHOOD CENTER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW 91 Item 13d continued Moved by Councilor Gonzalez that Resolution No. 78-2007 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13e RESOLUTION NO. 79-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 1 TO THE CYPRESS WATER TREATMENT PLANT 1.5 MG ELEVATED STORAGE TANK PROJECT, CWF06- 544-07 IN THE AMOUNT OF $89,500.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 79-2007 be passed. Motion seconded by Councilor Hatcher and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13f RESOLUTION NO. 80-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AN ENGINEERING SERVICES CONTRACT WITH LOCKWOOD, ANDREWS & NEWNAM, INC. FOR THE DESIGN OF THE COLONIAL PARK DRAINAGE IMPROVEMENTS AND PLUM CREEK EAST BRANCH DRAINAGE IMPROVEMENTS; 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. 80-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13g RESOLUTION NO. 81-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AN ENGINEERING SERVICES CONTRACT WITH CORNERSTONE ENGINEERING, LLP, FOR THE DESIGN OF THE VARIOUS DRAINAGE AND SANITARY SEWER IMPROVEMENTS; 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. 81-2007 be passed. 92 Item 13g continued 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 13h RESOLUTION NO. 82-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AN ENGINEERING SERVICES CONTRACT WITH CORLETT, PROBST & BOYD, LLP, FOR THE DESIGN OF VARIOUS DRAINAGE AND WATER SYSTEM IMPROVEMENTS; 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. 82-2007 be passed. 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 13i RESOLUTION NO. 83-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH EDGIN, PARKMAN, FLEMING & FLEMING PC FOR FINANCIAL AUDIT SERVICES FOR FISCAL YEAR ENDING 2007, WITH OPTIONS TO RENEW FOR THREE ADDITIONAL ONE YEAR PERIODS; 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. 83-2007 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 130 RESOLUTION NO. 84-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE CHANGE ORDER NO. 3 FOR THE ENTRANCE ROAD, TERMINAL PARKING, AND HANGER AREA IMPROVEMENTS PROJECT AT KICKAPOO DOWNTOWN AIRPORT (AIP NO. 3-48-0346-06); 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. 84-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. 93 Item 13i continued Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13k RESOLUTION NO. 85-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AMENDMENT TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION FOR MARKETING PROJECTS; 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. 85-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 131 RESOLUTION NO. 86-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE 2007 STRATEGIC PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ginnings that Resolution No. 86-2007 be passed. 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 14a City Clerk expressed appreciation to those who worked during the May 12, 2007 election. She thanked the election judges and workers, and commended the Building Maintenance staff for their willingness and courteous efforts during this election. Item 14b Councilor Elmore welcomed Councilor Smith. Councilor Elmore encouraged voters to get out and vote in the Runoff Election. Councilor Ginnings asked for an update on our pension-benefit study for our retirees. City Manager informed that staff had a conference call last week with the actuary and heard an initial report. We have a Benefit Trust meeting this afternoon; we have the initial draft and are working to first understand it and then report to you what it means. We hope to include this as a major item in your budget workshop and make recommendations to Council. 94 Item 14b continued Councilor Ginnings mentioned that last night almost everyone here attended the Times Record News 100-Year Celebration and it was an outstanding program. He enjoyed every bit of it, particularly the narration by Jerry Vandiver on the timeline of history through Wichita Falls. I t was quite interesting. Councilor Ginnings pointed out that based on the Freese & Nichols representative survey of the Killeen area where the military retirees expressed preferences on what would keep them there, higher education was number three and it was not too many percentage points under number two. Number one was entertainment and recreation. Education there was very prominent as it is here with our school system and Midwestern State University which has a growing enrollment year after year. Midwestern State University is acquiring a national reputation of being "the best bang for your buck in the nation". Their athletic program is acquiring national recognition as well. It is a big factor and I just wanted to say a word for Midwestern State University. It is a good talking point for all of us when we are traveling outside of Wichita Falls. It had its roots after the Burkburnett Oil Boom, and there were local folks that became wealthy and wanted to share their blessings with the community and we are sitting on those right now and enjoying them, the Fowlers and Hardins, as well as others. It is now Midwestern State University and it is a great asset to our community and deserves all the recognition we can give them. Councilor Hatcher said it was a great day for him because he was no longer the "junior councilor". He welcomed Councilor Smith to the Council. Councilor Hatcher mentioned that his daughter was graduating from Rider High School and will be attending Midwestern State University. Councilor Hatcher thanked Councilor Linda Ammons for all her service to the City; he will continue to help her with her MPEC sign on 5th Street and the "Paws Parade". Councilor Gonzalez welcomed Councilor Smith to the Council, stating that it will be different than having Councilor Ammons there. Councilor Gonzalez asked for an update on the River Road covers project. Mr. Taylor informed that it is currently under construction. There were some issues with the contractor getting ahead of his approval for his shop drawings. They are in the process of removing all the parts of the clarifier that needed to be replaced and the covers are still going on; that project is ongoing. Councilor Gonzalez reminded everyone that the Texas Municipal League Region 5 meeting would be this Thursday in Vernon, and encouraged Staff and Council to attend. Councilor Gonzalez mentioned that his son had graduated from Midwestern State University. Councilor Smith said it had been a great learning experience to this point; I have learned a lot and appreciate all of the Council's welcome and hospitality to me. I look forward to working with the Council and Staff; many of the staff have already been very helpful to me. As they say in education, "education is a lifelong process", and I am beginning another part of my education. I look forward to working with all of you. Mayor Lyne welcomed Councilor Smith. The learning curve is very quick and Staff will do a great job of orientation. Mayor Lyne stated that he was really disappointed with the voter turnout in this election. This was a very important election we had with two contested races and two important issues on the ballot. I realize there was not a big controversy and we had great candidates running. We have seen it in the past couple of elections as well. It is just disappointing to me that just 8% of the registered votes turn out for an election that defines what Wichita Falls is going to be. We are here to represent you; our staff is here to work for you, and we just want you to get involved by simply casting a vote and choosing who you want to represent you and work for you. I hope in the June Runoff Election that we have a good turn out. As Mrs. Ozuna said, it is traditional that numbers drop off and I would prefer that we see that changed this year. Encourage your friends and family to get out and vote. It is so important. We get letters about the budget, taxes, and other things; but the vote is what makes the difference and tells us what we need to do. Mayor Lyne stated that Council looks forward to working with Councilor Smith. This is a great group of folks. 95 Item 15 City Council went into Executive Session at 12:50 p.m. as authorized by Section 551.074 and of the Texas Government Code. City Council reconvened at 12:53 p.m. Mayor announced that no votes or polls were taken during Executive Session. Item 16 Moved by Councilor Gonzalez to appoint Mr. Raudel Gonzalez to the Planning and Zoning Commission, Place 10, Alternate 1, with term to expire December 31, 2008. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council adjourned at 12:58 p.m. PASSED AND APPROVED this y_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, May 15, 2007 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda Ammons, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1 . Call to Order 2. (a) Invocation: Pastor George Davis New Harvest Church (b) Pledge of Allegiance 3. Canvass The Returns Of The Municipal General-Special Election Held In The City Of Wichita Falls, Texas On May 12, 2007. 4. Ordinance Canvassing The Returns Of The Municipal General- Special Election Held In The City Of Wichita Falls, Texas On May 12, 2007. (Council Bill #123) 5. An Ordinance Ordering and Giving Notice of a Runoff Election; Providing for a Runoff Election to be Held June 16, 2007. (Council Bill #124) 6. Administration Of Official Oath To Newly Elected Council Members. RECESS 7. Call To Order. 8. Presentations - Recognition of Graduates City Council Agenda Tuesday, May 15, 2007 Page 2 9. 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. 10. Approval of Minutes of May 1 , 2007 Regular Meeting of the Mayor and City Council. CONSENT AGENDA 11 . Receive Minutes (a) Wichita Falls-Wichita Co. Public Health Board, Feb. 23, 2007 (b) Civil Service Commission, March 20, 2007 (c) Park Board, March 22, 2007 (d) Library Advisory Board, March 27, 2007 (e) Landmark Commission, March 28, 2007 (f) Traffic Safety Commission, April 4, 2007 (g) Wichita Falls Economic Development Corp., April 11 , 2007 REGULAR AGENDA 12. Ordinances (a) Ordinance Making An Appropriation To The Special Revenue Fund For Ryan White Title II Grant Funding In The Amount Of $178,163 Received From Tarrant County, Texas And Authorizing The City Manager To Execute A Contract Accepting Same. (Council Bill #125) (b) Ordinance Making An Appropriation To The Special Revenue Fund For Ryan White Title II Insurance Continuation Grant Funding In The Amount Of $11 ,234 Received From Tarrant County, Texas And Authorizing The City Manager To Execute A Contract Accepting Same. (Council Bill #126) City Council Agenda Tuesday, May 15, 2007 Page 3 (c) Ordinance Making An Appropriation To The Special Revenue Fund For Grant Funding Received From The Department Of State Health Services In The Amount Of $10,182. 00. (Council Bill #127) (d) An Ordinance Appropriating A Grant In The Amount Of $200,000 From The Office Of Economic Adjustment Of The U. S. Department Of Defense For The Purpose of Consultant Services For the Development Of A Defense Diversification Plan. (Council Bill #128) (e) Ordinance Closing, Abandoning, And Vacating A Portion Of Bell Street Located Between Avenue I and Avenue H Containing Approximately 19,200 Square Feet As Indicated In The Attached Exhibit "A". (Council Bill #129) (f) Ordinance Closing, Abandoning, And Vacating An Irregular Shaped Alley Behind 1625 And 1627 11 to Street Containing Approximately 1 ,225.24 Square Feet As Indicated In The Attached Exhibit "A". (Council Bill #130) 13. Resolutions (a) A Resolution To Authorize The City Manager To Execute An Agreement With Freese And Nichols, Inc. For Consultant Services To Prepare A Defense Diversification Plan. (Council Bill #131) (b) A Resolution To Authorize The City Manager To Execute An Agreement With Freese And Nichols, Inc. For Consultant Services To Prepare A Downtown Development Plan And A Local Update Plan. (Council Bill #132) (c) Resolution Authorization The City Manager To Enter Into A Lease With JMWJR Properties, LLC For A Small Parcel Of Land Twenty-two (22') Foot By Ninety (90') Foot Containing Approximately 1980 Square Feet Immediately Adjacent To The Kemp Kell Depot Square Property At 503 8T" Street As Indicated On The Attached Exhibit "A. (Council Bill #133) (d) Resolution Authorizing The Sale And Transfer Of Ownership Of The Improvements Located At 3301 Armory Road Formerly Known As The Southside Neighborhood Center. (Council Bill #134) City Council Agenda Tuesday, May 15, 2007 Page 4 (e) Resolution To Approve Change Order No. 1 To The Cypress Water Treatment Plant 1 .5 MG Elevated Storage Tank CWF06-544-07. (Council Bill #135) (f) Resolution Approving Engineering Services Contract To Lockwood, Andrews, & Newnam, Inc. For The Design Of The Colonial Park Drainage Improvements And Plum Creek East Branch Drainage Improvements. (Council Bill #136) (g) Resolution Approving Engineering Services Contract To Cornerstone Engineering, LLP for the Design of Various Sanitary Sewer and Drainage Improvements. (Council Bill #137) (h) Resolution Approving Engineering Services Contract To Corlett, Probst & Boyd, LLP For The Various Drainage And Water System Improvements. (Council Bill #138) (i) Resolution Authorizing The City Manager To Enter Into An Agreement With Edgin, Parkman, Fleming & Fleming PC For Financial Audit Services For Fiscal Year Ending 2007, With Options To Renew For Three Additional One Year Periods. (Council Bill #139) (j) Resolution To Approve Change Order No. 3 For The Entrance Road, Terminal Parking, And Hanger Area Improvements Project At Kickapoo Downtown Airport (AIP No. 3-48-0346-06). (Council Bill #140) (k) Resolution Authorizing An Amendment To The Wichita Falls Economic Development Corporation For Marketing Projects. (Council Bill #141) (1) A Resolution Approving The 2007 Strategic Plan. (Council Bill #142) 14. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 15. Executive Session: Consider Qualifications Of Possible Appointees To The Planning & Zoning Commission As Authorized By Section 551 .074 Of The Texas Government Code. City Council Agenda Tuesday, May 15, 2007 Page 5 16. Open Session: Appointments/Reappointments to the Planning & Zoning Commission. 17. 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