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Min 01/03/2006 695 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building January 3, 2006 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 - Michael Norrie - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Pastor Tim Wheat, Colonial Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item s 3(a)03(b) Mrs. Vickie Henry, Community Service Officer I, Police Department, was recognized as employee of the month for January 2006. Mayor presented Mrs. Henry with a plaque, and will be given a City pin, check, dinner for two, and theater passes. Mayor proclaimed the month of January, 2006 as "International Crime Stoppers Month" in Wichita Falls, Mr. Martin Moran, Crimestoppers Board President, and Officer Melvyn Joyner accepted the proclamation and expressed appreciation to the City Council for their support. Item 4 Jennie Arredondo, 5240 Professional Drive, expressed concerns and made requests regarding the Wichita Falls Transit System. She asked that a complete listing of rules/guidelines be posted in both English and Spanish in the buses and that booklets for riders also be available in English and Spanish. In addition, that laws/guidelines be enforced equally without prejudice and without retaliation. Also, that any schedule changes be posted in advance and that riders be advised. Put a bus stop shelter on Route 3 at Professional Drive. Safety concerns should be addressed with the bus drivers by the Transportation Department, not the riders. Mayor informed that this would be turned over to the Transportation Department. Councilor Norrie asked that there be one person that concerns of this nature be turned over to instead of a citizen having to take time off to come before Council. City Manager asked the Acting Director of Aviation, Traffic and Transportation to talk to this lady and get information. 696 Item 5 The Minutes were approved as corrected. Item 11 a A discussion was held regarding the proposed project at 5038 Jacksboro Highway, the Bellagio Apartment Complex. Mr. Tom Hoffman, 1521 Celia, representing the Edgemere Addition residents, expressed opposition to this proposed project in Edgemere. He provided information on the Edgemere Addition, on the Bellagio Terrace Apartments, the proposed plan, and gave an overview of major unresolved issues. The following persons addressed specific issues as noted. Robert Faulk, 5004 Greenbriar, addressed citizen safety Melissa Plowman, 4911 Andria, addressed low water pressure Becky Hoffman, 1521 Celia, addressed inadequate sewer capacity Roger Dial, 5001 Diane, addressed storm water runoff Joann Donovan, 1526 Celia, addressed overcrowded schools Tim Donovan, 2610 Celia, addressed Kickapoo Airport issues Ted Goss, 1527 Celia, asked about a satisfactory fence around the property complex. City Council recessed at 9:55 a.m. and reconvened at 10:10 a.m. Mr. Scott Taylor addressed, from a Public Works perspective, the issues raised by the Edgemere group" water, sewer, drainage, and curb cut as follows: A) Curb cut —The City has no authority on TXDOT to issue a driveway permit. Curbing is considered private and does not need to meet City standards. I can approve lay-down curb in a residential situation. B) Water— He provided a handout and he addressed the flow test handout noting that 35PSI is required on the City's side. At some point a meter can become undersized because of the use and constrains the water flow. In the fire flow, we are allowed to go as low as 20 PSI. In this case we meet the State standards. We do have some low flows, however, and I see a need for some looping to reinforce this. We will probably be looking at laying an 8" line along Jacksboro Highway and back to Diane Street, and tie into an 8" line. We may replace the 6" with an 8" line. The more loops you have the better the system pressure you have. I do see some concerns there on the water side that need to be addressed. The ordinance does not allow me to say "no" to a development because we have low water pressure. We will be addressing that and getting a cost. We have $1.5 million budgeted for water distribution and sanitary sewer system improvements and we propose to use those funds for that. C) Fire hydrants —The Developer is extending an 8" water line from Diane to the east and installing a new fire hydrant. He was not required to do that. That is the line we will tie into and extend to Jacksboro Highway that I mentioned earlier. Mayor asked for a time frame and Mr. Taylor said he did not have one yet. Funds need to be encumbered by September. We will bid in July but that date could change. We need to schedule so that four projects are not being bid at the same time. We will check to see if the lines need to be replaced from 6" to 8". D) Sewers —We do have a sewer situation in Edgemere, however, that is not unusual to other parts of the City. We do have a "hot list" where we do regular line cleanups. The major problem is that lines were laid on too flat a grade when installed. Sewer criteria have changed over the years as far as design. We have capacity problems all the way down stream; sewage goes along Lake Park Drive and dumps into the Holiday Creek transmission line. We have two or three other projects that need upsized lines. We will do a study on this entire subdivision. First we need to address the down-stream portion of this project. We need somewhere for this sewage to go. We have redesigned the Southmoor Project, which is being funded by bonds, and we need to get it under construction before we can begin looking upstream of there. Once that is done we will continue on the rest. We should have that completed within 120 days. We will ask the State to expedite this project review. E) Drainage — In 1988 the City adopted its first Detention Ordinance for a 100 year event. He addressed the channels and where they flowed. Last year we did have flooding problems that are recurring and I have sent out memos to have that addressed. The detention Ordinance was strengthened for development to have zero impact. On this project, the developer has developed three detention ponds and has met the City's design criteria. We have reviewed those plans and are ready to approve them. 697 Item 11 a continued F) Channel Issues- The developer is required to convey the release from his detention pond to a public conveyance system, which could be a street, drainage channel, state right of way, natural drainage channel or improved drainage channel. We require that to be private to the point of attaching to the public conveyance. I need to discuss with the City Attorney to make sure where the private part ends and public begins to determine where the City's responsibility begins. Mr. Taylor addressed new developments and the requirements. I have reviewed detention plans and they are adequate. Mr. Taylor informed that the developer had sent his plans through and no one would give him an easement so he purchased a home there in order to obtain an easement and therefore, meet the City's ordinance of conveyance from private to public property. That ditch meets the criteria that his release rates need to be reduced. Councilor Ginnings felt that the citizens concerns were valid from a logistical standpoint. He asked if these concerns could be addressed in an efficient, sound engineering manner. Mr. Taylor replied that they can and the drainage issues have been addressed and all the concerns can be addressed from the infrastructure aspect. There are solutions to the infrastructure. We can address them in a timely manner and funding is available and if necessary, with the City Manager's approval, I could manipulate some of the projects that have been approved and use those funds. Mayor directed the City Manager to put a plan together for that and get a letter back to Council and those citizens addressing us this morning. City Manager informed that he has already instructed Mr. Taylor to prepare a plan. City Manager will provide that info to Council in a memo and copy the residents. He added that staff is ready to issue the building permit. Mr. David Clark informed that the Developer had met all the City's requirements and staff is ready to issue the permit in accordance to City requirements. He stated that the airport zoning is not an issue here. There is existing fencing but we cannot require any additional fencing. From a permit point of view plans have met all requirements. We are under the wire to establish a permit. Mrs. Hoffman expressed concern about the radius and diameter and that the cul de sac would have red curbs because a fire tuck cannot turn around unless no one is parked there. You cannot keep putting this off. Mr. Clark commented that these are interior streets; it is an apartment complex, a glorified parking lot. We have received approval form the Fire Department and we can proceed. City Council recessed at 12:16 p.m. and reconvened at 1:30 p.m. Councilor Norrie was not in attendance. Item 9b ORDINANCE NO. 2-2006 ORDINANCE REZONING 3226, 3228 AND A PORTION OF 3230 SOUTHWEST DRIVE FROM SINGLE FAMILY-2 TO GENERAL COMMERCIAL CONDITIONED, 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 Elmore that Ordinance No. 2-2006 be passed. Motion seconded by Councilor Ammons. The following residents spoke against this ordinance listing increased traffic, safety, security, and privacy issues, and disruption of a unique and quiet neighborhood as some of their concerns. Don Roberts, 3242 Southwest Drive Tony Gilliland, 3222 Southwest Drive Trina Watson, 3239 southwest Drive Frances Mendoza, 3221 Southwest Drive Diana Whitehead, 3249 Southwest Drive Judy Ricketts, 3115 Southeast Drive 698 Item 9b continued Ralph Perkins, Harper Perkins Architects, is working with Region IX Service Center to accomplish some additions to the facility. He stated that the triangular section of the three pieces of property would be used for additional parking. There are two curb cuts but only one is able to be used by those parking at Region IX. This rezoning would allow for the use of the second curb cut. We propose to move traffic along area "B" instead of"C" and would be limited to no trucks. He noted that the additional expansion will be offices. To help belay concerns we will make it an exit only and allow autos only. We have no plans to add any additional illumination there. This facility is very similar to an elementary school type setting. Region IX will not be looking for additional expansion for 15-20 years. Moved by Councilor Ginnings to amend this ordinance by designating only the triangular tract shown on the map to be rezoned. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None City Council recessed at 11:35 a.m. and reconvened at 11:47 a.m. Item 9c ORDINANCE NO. 3-2006 ORDINANCE REZONING 600 FLOOD STREET FROM SINGLE FAMILY-2 TO MULTIFAMILY RESIDENTIAL 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 Elmore that Ordinance No. 3-2006 be passed. Motion seconded by Councilor Ammons. Josie Roberts, 608 Woods, owns 904 Rosewood, expressed concern with another construction project there because of the problems with the previous construction project there, the Training Center. Andy Lee, 1410 Grant, representative for the contractor, Real-Tex spoke in favor of this ordinance providing background and history of the Booker T. Washington building and what they propose to do. Beulah Bateman, 913 Gerald, Booker T. Washington Alumni Organization member, spoke in favor of this ordinance and expressed appreciation to Real-Tex for coming into their community and making them a part of the development. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None City Council recessed at 12:16 and reconvened at 1:30 p.m. Councilor Norrie was not in attendance. 699 Items 6a-7b City Manager gave a briefing on the items listed under the Consent Agenda. Under Item 7a, Mr. Reuben Warren informed that Dr. Rains was absent. Moved by Councilor Roberts-Burns that the Consent Agenda be approved with the correction under Item 7a noting that Dr. Rains was absent. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Gonzalez, and Elmore Nays: None Item 6a RESOLUTION NO. 1-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE WINDTHORST ROAD IMPROVEMENT PROJECT, CWF05-100-27 AND AUTHORIZE FINAL PAYMENT TO DUKE CONSTRUCTION CO.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION NO. 2-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHROIZING AWARD OF BID FOR THE PURCHASE OF A WHEELED EXCAVATOR TO WARREN CAT IN THE AMOUNT OF $167,303.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7b Minutes of the following board and commission meetings were received. a. Wichita Falls-Wichita County Public Health Board —October 21, 2005 b. Library Advisory Board — November 15, 2005 Item 8 A public hearing was held on a Special Service Vehicle franchise application from Jody Wade, Prezo Inc. DBA Presidential Transportation. Mayor declared the public hearing open. City Clerk provided information and history on Mr. Wade's franchise. Don Stevens, 501 S. Main, Holiday, TX, General Manager for Prezo, Inc. informed that they have one limousine and want to add one more. He added that in the past they were not required or had not detailed what type of special service vehicles they were going to permit. City Clerk corrected Mr. Stevens in that the past, eight of ten special service vehicle franchises had designated the type of vehicles they would be using under their franchise. City Attorney informed that Council could designate or not designate the type of vehicles to be used. Councilor Norrie returned to Council Chambers. City Attorney stated that the Council could issue a blanket authorization such as special service vehicles or designate what type of permits such as limousines, vans, etc. they would be. As part of the application process we asked Mr. Wade to designate so Council could have a more clear idea of what they would be considering. 700 Item 8 continued Councilor Ginnings stated that he would be supportive of this with the designation that this would be for two handicap vans, two shuttle vans, two limousines, and two charter buses. Mr. Stevens commented that this is a slow time of the year and it is a demand and supply. SAFB is our life line and when they are slow, we are slow so we do not permit more than what there is a demand for. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 1-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A FRANCHISE FOR SPECIAL SERVICE VEHICLES TO JODY WADE, PREZO, INC. DBA PRESIDENTIAL TRANSPORTATION; 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. 1-2006 be passed. Motion seconded by Councilor Elmore. It was noted that the type of vehicles for this franchise would be designated as two limousines, two shuttle vans, two handicap vans, and two charter buses. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 9d ORDINANCE NO. 4 -2006 ORDINANCE AMENDING ORDINANCE 88-99, THE GENERAL COMMERCIAL CONDITIONED DISTRICT REGULATIONS FOR 2206 BROOK, TO ADD MINI- STORAGE UNITS AS A PERMITTED USE 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 that Ordinance No. 4-2006 be passed. Motion seconded by Councilor and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 701 Item 9e ORDINANCE NO. 5-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, RECOGNIZING LOCAL 432 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AS THE SOLE AND EXCLUSIVE BARGAINING AGENT FOR THE NON-EXEMPT EMPLOYEES OF THE WICHITA FALLS FIRE DEPARTMENT FOR THE PURPOSE OF MEET AND CONFER, AS PROVIDED BY CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE; 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. 5-2006 be passed. Motion seconded by Councilor Ammons. Councilor Ginnings was opposed to authorizing this action. He felt to take a step of this magnitude, it should go to the voters. He stated that this would allow our firemen to become the sole bargaining agent and we are not required to take action. He felt this was stepping towards unionization. He felt that we have a fine Fire Department that is well equipped and a lot has been achieved without a bargaining agent bypassing the Fire Chief's authority. Why would we want to change something that has worked so well? If we are confronted with Union issues, the wishes of the local association will not control, it will be State issues that would exist to the point you would not have control over issues you brought to us and the manner in which they are directed. Look at the New York issue relating to pensions. I think we should take that action now. Voters need to be the ones to say. I want this on the May ballot. I want Council to get the facts out clearly and objectively so the voters will vote with the necessary knowledge. Councilor Elmore did not agree with taking it to the voters. He felt it was the Council's job and should not pass the buck. Whether we agree to this or not this same situation would exist in the future whether we agree or disagree. City Attorney stated that the meet and confer has to be addressed today and if you want to send it to the voters you can amend Section 1 of the ordinance. Mayor Lyne agreed with Councilor Ginnings. We already meet and confer with this group and it is a move toward unionization and collective bargaining. I too would like to send this to the voters. Mr. Wilkinson stated the he doesn't agree with Councilor Ginnings. I do not see our Department going that way. With Civil Service there could come a time where it would benefit everyone, the City, the Citizens, and the fire fighters, that we supercede a Civil Service rule. Under meet & confer we can have that ability. Without that if this situation arises our hands are tied as well as yours, you cannot change it if it is a Civil Service law. But with meet and confer we can work around it. Under meet and confer we cannot get collection bargaining. Mayor noted that collective bargaining could be obtained when passed by State law. I do not see that meet and confer, except from this Civil Service issue, is different form what we are doing now. Motion failed by the following vote. Ayes: Councilors Ammons, Roberts-Burns, and Elmore Nays: Mayor Lyne, Councilors Ginnings, Norrie, and Gonzalez Moved by Councilor Elmore to amend Section 1 of the ordinance by inserting the following language in place of the original language: The issue of whether it be submitted to the voters at the next General Municipal Election. Motion seconded by Councilor Gonzalez. Councilor Ginnings asked the City Attorney if Council could take this action and he replied, yes . Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 702 Item 9f ORDINANCE NO. 6-2006 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION (LONE STAR LIBRARIES PROGRAM), MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $8,618, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT 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 Ammons that Ordinance No. 6-2006 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10a RESOLUTION NO. 3-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE NORTEX REGIONAL PLANNING COMMISSION FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING DARRON LEIKER/CITY MANAGER TO ACT ON BEHALF OF THE CITY OF WICHITA FALLS IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF WICHITA FALLS WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE NORTEX REGIONAL PLANNING COMMISSION, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF 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 Roberts-Burns that Resolution No. 3-2006 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 10b RESOLUTION NO. 4 -2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING ASSIGNMENT OF THE AUDIT SERVICES CONTRACT FROM MATHIS, WEST, HUFFINES & COMPANY TO EDGIN, PARKMAN, FLEMING & FLEMING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Norrie that Resolution No. 4-2006 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None 703 Item 10c RESOLUTION NO. 5-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, IN SUPPORT OF LOCATING THE FUTUREGEN PROJECT AT THE WILBARGER COUNTY/VERNON, TEXAS LOCATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 5-2006 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, Gonzalez, and Elmore Nays: None Item 11 b Councilor Ammons mentioned that the MPEC event schedule was in the paper and stated that it was good to see what was going on at MPEC. Councilor Ammons stated that several of them had received calls about the electrical fees. Mr. Dave Clark stated that it was licensing and registration fees, and informed that the State had brought electricians into that. There was a $20,000 income from licensing/registration fees that would need to be taken into consideration to see if there is another more equitable way to handle that. Councilor Gonzalez asked if we sold water to Oklaunion. Mr. Scott Taylor replied that we do, it comes from Lake Diversion. They take $1 million worth of water or pay us $1 million the City gets half of that and the Wichita County Water Improvement District#2 gets the other $500,000. City Manager stated that that money goes to Debt Service. This would be additional revenue for West Texas Utility Fund. Councilor Gonzalez asked staff to check the speed signs on Hamilton by the tennis courts. Signs have different speed limits on the two sides of the street. Mr. John Burrus said he was aware of that and will address it. Councilor Ginnings asked if we had any further authorization with respect to the Edgemere group and their issues. He said he had a proposal. City Manager replied that the Council could issue him a directive on that permit. City Attorney stated that we have 45 days to issue the permit or give up the right to collect the permit fees of$4,000-$5,000. Reference to the new Senate Bill 687 refers to whether the City has some authority to override the State's decision on that. That is something I am not convinced I know the answer to but will find an answer. Even if we do have the authority, you are talking about where you put the access not whether they get access or not. The overriding issue we face is when someone comes and has satisfied all the permit requirements, the City has little or no discretion whether to issue that permit because we could be accused of regulatory takings of somebody's property, and that is a concern I had in this particular case. City Manager stated that Council has heard from Scott Taylor what we have available to us in terms of trying to correct the problems and we are going to take steps on that. Councilor Ginnings said he was not in favor of a written commitment to that group as requested. I do not think that is good business on our part. I believe we should do what we say. There is a severe problem out there and I believe that development would be available for occupancy by September. I feel like that is going to be a wreck for some time. Those people have at least apprised us of real and substantial problems but Staff knew that all along, however, Staff did what they were obligated under the Ordinances. I would like to see no occupancy until we get the sewer issue resolved. City Manager stated that he had spoken with the developer to delay the permit until it had come to the Council and he was okay with that but I do not think he will be willing to hold it up for another 2-3 months and I am not sure that legally we could hold it up. 704 Item 11 b continued Councilor Ginnings felt we should talk to him to withhold occupancy until the sewer issue is resolved. We need to do all we can to help the people there and deal with their problems. City Manager noted that we have areas all over the City that have water problems and we currently have 50 plus storm water projects. He expressed concern that if we deny development whenever we have public work infrastructure issues we will not have development. We are going to have to spend the money to do those storm water projects. Councilor Ginnings asked if we could let bids in 30 days instead of 60 days. Can Staff see if we can bring this infrastructure work and development project to conclusion at the same time. City Manager replied that we will work with the developer. Mr. Taylor has a contact in Austin to try to help us accelerate this project. Councilor Ginnings said he would like to ask the Mayor, and Councilors Ammons and Elmore as members of the Transportation Committee if they would object to the City doing a trial run in the City View route to extend that bus route. Mr. John Burrus said they were going to propose hiring a transit consultant using MPO funds to expedite that project and do a trial run. He mentioned the streets that would be involved. We are looking to see how long it would take for us to run that route. Mayor Lyne said that Council does not have a problem with Mr. Burrus checking into that. Councilor Ginnings suggested that we consider and that staff bring a recommendation that we establish a $100/year fee for the three trades — Electricians, Plumbers and Contractors. Councilor Ginnings asked the Mayor to make two more appointments to the Curb and Gutter Council Subcommittee. Councilor Roberts-Burns has agreed to serve. Councilor Ginnings asked the City Manager for an outline assessment plan for streets and curb and gutter, which would be a work paper. Mayor Lyne appointed Councilors Roberts-Burns and Elmore to this Council Subcommittee. Councilor Ginnings asked the City Manager to identify a public relation firm or individual to assist the City in the presentation of issues on "Meet & Confer" to guide this Council in ways to present this issue and bring that information back to this Council. City Manager will check with the City Attorney and bring information back to Council Councilor Elmore expressed concern, blessings, and condolences to folks both in Texas and Oklahoma who have gone through the fire disasters. They are in our prayers and thoughts. He wished everyone — Council, Staff, and citizens a Happy New Year. He feels that 2006 is going to be a great year for Wichita Falls. He announced that his District meetings will resume this month. Next Monday, January 9 the meeting will be at 7 p.m. at Kate Haynes School and the following Monday, January 16 will be at City View High School. Councilor Roberts-Burns wished everyone a healthy and Happy New Year. She reminded everyone about the Martin Luther King Prayer Breakfast to be held January 14 at MPEC. Mayor Lyne stated that they have had a difficult time getting a date for the Strategic Planning Meeting. We are looking at either January 7 or January 20. He asked Council and Staff to notify the City Manager's secretary as to which date would work for them. Item 12 City Council adjourned at 3:10 p.m. PASSED AND APPROVED this_,!'l day o 2006. J hL Y GO LE MAYOR PRO TEM ATTEST: , Lydia Ozuna 1�111 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, January 3, 2006, Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda Ammons, Dorothy Roberts-Burns, Michael Norrie, Ray Gonzalez, and Charles Elmore. 1 . Call to Order 2. (a) Invocation: Pastor Tim Wheat Colonial Baptist Church (b) Pledge of Allegiance 3. Presentations (a) Employee of the Month, Vickie Henry, Police Department (b) International Crime Stoppers Month, Martin Moran, Officer McClure, and Officer Joyner 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 CONSENT AGENDA 6. Resolutions (a) Resolution To Accept The Windthorst Road Improvement Project CWF05-100-27 And Authorize Final Payment To Duke Construction Co. (Council Bill #299 ) (b) Resolution Authorizing Award Of Bid For The Purchase Of A Wheeled Excavator To Warren Cat In The Amount Of $167,303.00. (Council Bill #300) City Council Agenda Tuesday, January 3, 2006 Page 2 7. Receive Minutes (a) Wichita Falls-Wichita County Public Health Board, 10/21/2005 (b) Library Advisory Board, 11/15/2005 REGULAR AGENDA 8. Public Hearing On A Special Service Vehicle Franchise For Jody Wade DBA Presidential Transportation. 9. Ordinances (a) Ordinance Authorizing A Franchise For Special Service Vehicles For Jody Wade DBA Presidential Transportation (Council Bill #301) (b) Ordinance Rezoning 3226, 3228 And A Portion Of 3230 Southwest Drive From Single Family-2 To General Commercial Conditioned, And Amending The Land Use Plan (Council Bill #302) (c) Ordinance Rezoning 600 Flood Street From Single Family-2 to Multifamily Residential Zoning And Amending The Land Use Plan (Council Bill #303) (d) Ordinance Amending The General Commercial Conditioned District Regulations For 2206 Brook To Allow Mini-Storage Units As A Permitted Use And Amending The Land Use Plan (Council Bill #304) (e) Ordinance Recognizing Local 432 Of The International Association Of Firefighters As The Sole And Exclusive Bargaining Agent For The Non-Exempt Employees Of The Wichita Falls Fire Department For The Purpose Of Meet And Confer, As Provided By Chapter 142 Of The Texas Local Government Code (Council Bill #305) (f) Ordinance Accepting Grant Funds Received From The Texas State Library And Archives Commission (Lone Star Libraries Program), Making An Appropriation In The Special Revenue Fund In The Amount Of $8,618, And Authorizing The City Manager To Execute The Grant Contract (Council Bill #306) City Council Agenda Tuesday, January 3, 2006 Page 3 10. Resolutions (a) Resolution Authorizing The Public Works Department To Apply To Nortex Regional Planning Commission For A Solid Waste Grant (Council Bill #307) (b) Resolution Approving Assignment Of The Audit Services Contract From Mathis, West, Huffines & Company To Edgin, Parkman, Fleming & Fleming (Council Bill #308) (c) A Resolution In Support Of Locating The FutureGen Project At The Wilbarger CountyNernon, Texas Location (Council Bill #309) 11 . Other Council Matters (a) Staff Council Discussion (1) Discussion Of Proposed Project At 5038 Jacksboro Highway. (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. 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 20 at o'clock (a.m.)(p.m.). City Clerk