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Min 02/03/2004 262 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building February 3, 2004 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: Bill Altman - Mayor Johnny Burns - Mayor Pro Tern Arthur Bea Williams - Councilors Linda Ammons - James Esther, Jr - Michael Norrie - Harold Hawkins - James Berzina - City Manager Bill Sullivan - City Attorney Lydia Torres - City Clerk Mayor called the meeting to order. Item 2 Pastor John Edwards, Wesley United Methodist Church, gave the invocation. Item 3 Mr. Tommy Langford, Pump/Plant Maintenance Mechanic II, Water Purification was recognized as employee of the month for February 2004. Mayor presented Mr. Langford with a plaque, City pin, check, dinner for two, and Weeks Golf Course passes. Item 4 The Minutes were approved as distributed. Item 5-6a City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 263 Item 5a RESOLUTION NO. 20-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TORO GROUNDSMASTER LAWN MOWERS THROUGH THE BUYBOARD TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE. FROM PROFESSIONAL TURF PRODUCTS, IN THE AMOUNT OF $57,756.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5b RESOLUTION NO. 21-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF GRASSHOPPER LAWN MOWERS THROUGH THE TEXAS BUILDING AND PROCUREMENT COMMISSION STATE CONTRACT, FROM MORIDGE MANUFACTURING, INC., IN THE AMOUNT OF $30,810.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6a Minutes of the January 14, 2004 Planning and Zoning Commission meeting were received. Item 7a A public hearing was held regarding regulations for curfew hours for minors. Mayor declared the public hearing open. City Attorney informed that by law we are required to review this Ordinance every three years. Councilor Norrie asked that the City Attorney outline the requirements. City Attorney informed that we have had this Ordinance since 1990 and anyone who is 17 years of age or younger has curfew of 11 p.m. during weekdays and 12 a.m. on weekends with some exceptions. Councilor Williams asked if this Ordinance would seize to exist if not continued; she asked if it would have to be reenacted. City Attorney replied that it would lapse if not continued. He added that there were very positive articles in the National League of Cities magazine regarding the need for this ordinance and how successful it has been. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 7b A public hearing was held on a Taxicab Franchise Application from Claudio Ramirez, Jr. DBA Wichita Checkered Cab to operate within Wichita Falls. Mayor declared the public hearing open. Charles Oldham, 1812 Rose Street, attorney for Claudio Ramirez, Jr., spoke in favor of this franchise. He stated that they are asking for a third cab franchise in the City. Mr. Ramirez, Jr. has worked for his father for a number of years and has 35 years cab experience. He has been the manager for All American Cab for 25 years. A decision was made to separate from the business. Mr. Oldham noted that All American Cab has only three cabs on the street currently. Mr. Ramirez, Jr. would like for you to grant him a franchise to operate ten cabs. All American Cab is authorized 17 permits and has been operating 11 cabs since January. If this franchise were approved he would be able to continue business as usual. 264 Item 7b continued Claudio Ramirez, Sr., 2013 Elizabeth, owner of All American Cab, spoke against this franchise. He mentioned some personal family conflicts. He stated that he had been connected with cabs since 1966. Councilor Norrie asked Mr. Ramirez, Sr. for his recommendation to Council. Mr. Ramirez, Sr. recommended that they not be given a franchise. He suggested that anyone else off the street be given a franchise but not Claudio Ramirez, Jr. He felt that three or four cabs could take care of Wichita Falls. Councilor Williams asked Mr. Ramirez, Sr. if other than having a personal dispute with his son, would he dispute that there should be another franchise? Mr. Ramirez, Sr. replied that they do not know how to take orders. Jody Wade, 7712 Highway 79, owner Presidential Transportation, spoke against this ordinance and requested that this application be denied. He questioned why the permits that are currently allocated are not being used. He informed that Sheppard Air Force Base has decreased the number of cabs allowed on base and have implemented different security measures. The younger airmen are not allowed to leave the base. Since 2003 no cabs have been allowed on the base, and 60% of the cab business in Wichita Falls is from SAFB. Each franchise was given ten permits each to go on base. There has to be a need for the number of cabs on the road. We were paying $5,500 for liability per cab and are now paying $6,000 liability per cab. We need to meet a demand or we cannot make it. Lack of permits not being used shows there is no public need or necessity for another franchise. This applicant has failed to meet the requirements of proof of public need and necessity. If you flood this market with cabs you will be hurting the drivers. The applicant is not here today to tell you the need for more service and that there is a lack of demand. He is here today to settle a family squabble. I ask you to follow the Ordinance procedures and deny this application. He concluded by stating that he has worked very hard to improve the image of taxicabs in this City. Jose Ramirez, 910 N. Broadway, spoke against this franchise. He owns one cab. I am against another franchise because we do not have that many calls that would require another franchise. Councilor Williams asked if it was a business decision as to when you bow out when the need is not out there for additional cabs or drivers. The number of drivers you put out on the road has nothing to do with the fact that you do not want another franchise. Mr. Jose Ramirez said that all his drivers are disabled and draw social security and have to have extra income and that is how they get the extra income. Mr. Jose Ramirez agreed that it was a business decision. Councilor Esther stated that he just did not believe this was the appropriate place for this type of discussion. We have a family situation here and I see the loss of a minority business. As Councilor Williams stated this is a business decision and we have no business in this one. When you get yourselves straightened out we might be able to look at it. I don't see us being involved in this. Carla Sloan, 3304 York, cab driver for All American, stated that she had worked for both companies and she sees the need for another cab company. We are out there and the response time for cabs is too long. If someone has an emergency they need to get to where they need to be and we need another cab company to meet the citizens' needs. If this franchise is approved she would work for Mr. Claudio Ramirez, Jr. David Ramirez, 1321 Midwestern Parkway, spoke in favor of this franchise. He informed that he was retired. He did not see anybody asking for anything additional than what is already being run in the City. All that I hear is a request for another franchise. They are not coming in to take anything from anyone else. I have nothing involved in this although both are my kinfolks. I heard something about an extra phone line and now would be a good time to get rid of that phone line. Nobody is running over anybody else. I think it would be good to issue the franchise. Glyn Halford, 804 Shoreline Drive, Lakeside City, spoke in favor of this franchise. We need to divide these two companies because of the infighting. This was a business decision. Claudio Ramirez, Jr. and I have eight cabs. Claudio Sr. has three cabs and we need to part ways. Both Sr. and Jr. are good persons and will do a good job in Wichita Falls. Councilor Williams asked if a new franchise would escalate or lower the tone of this situation? Mr. Halford replied that he felt it would lower the tone as well as end the infighting. I think once we separate, it would cool things down. Councilor Williams stated that the sabotage and hanky panky has to do with intercepting calls. It would not be any more than this would it? Mr. Halford replied that they have continued to grow and once we separate these companies we will be able to get better cabs. I could have had 265 Item 7 b continued ten cabs out on the road. We need to be out on our own so that we can grow and compete. Wichita Falls needs another cab company. It needs better service and better quality. Councilor Ammons asked if he owned one of the five cabs. Mr. Halford replied that he owned three of the eight. Councilor Norrie asked how many cabs he envisions growing to? Mr. Halford replied that they plan to grow to ten and once separated he plans to have five cabs. If this franchise is authorized I would look to request more cabs in six months. Councilor Norrie wanted to know why they had not filled the permits currently authorized. Mr. Halford stated that it is probably more of the infighting. I have wanted to add more cabs and I have been told "no". I think that we would have filled those cabs and the competition would have been there to have it but the prevention came from Sr.'s management of wanting to keep it small. Jr. and I want to make it grow and get more cabs out there and get a better presence out there. Councilor Williams asked what their response time was. Mr. Halford replied that it was 15- 30 minutes. Councilor Williams asked if that was a general response time in the City. Mr. Halford said he thought it was. Councilor Williams stated that Jose Ramirez mentioned something about some almost negligible amounts of earnings like $12.02 and $10.42. 1 think that accounted for a couple of calls a day and he hired disabled people. Do you have those types of low numbers? Mr. Halford stated that you have your good days and your bad days but the drivers are aware of this and anticipates that. It is also the quality of cab you drive and the quality of person who drives and the people you have in the cab. Claudio, Jr. and I have done very well with the cabs we have because we try to keep good drivers out there and keep good clean cabs and well maintained cabs. Based on this I think we have a better business than Sr. does. Councilor Williams stated that they would not only be in competition with Claudio, Sr. but with Mr. Wade too. Are you prepared to meet the challenges of the Base requirements? Mr. Halford stated that they are. Most of our drivers are meeting those requirements now and we have the majority of All American Cabs. Councilor Hawkins asked if it was true that the majority of drivers have there own customers and that they have their own cell phones? Do they get direct calls instead of going through the main switchboard? Mr. Halford replied that that was not normally the case. We have the main line in the phone book and another line that has been in existence since the early 1960's. That is the problem with All American Cab being one company is that we are competing with Claudio Sr. against that phone line, but in a friendly manner. Mayor clarified that as compared to many other cities, which have a stable population when 60% of your business comes from the Base and you have airmen turning over every 6-8-12 weeks they are going to call numbers in the phone book as opposed to cell numbers. In a larger city with a stable population people might get used to depending on one driver. Mr. Halford commented that cab drivers are not supposed to have cell phones in the cabs. There are always those people who try to enterprise on their own. We have done a very good service for the City since 1994 and would like to see another cab company come in and make a go of it. Sylvia Ramirez, 910 N. Broadway, stated that Claudio Ramirez, Jr. pulled out on Saturday night but they do not follow City Ordinances because they are still running the cabs and I have proof. They also have a bad attitude about Hispanic people if they cannot understand them. Ben Valadez, 4815 Del Rio, owner of Green's Furniture, said that he had looked in the yellow pages and there are 25 different furniture businesses and there is competition. When there is competition you will always give your best service and the winner is the consumer. They are going to go where they get better business and better service. Competition will always give you better service. I know both families and I think for you to deny another franchise is just like saying we are not going to have any more furniture stores because someone comes to council and says that it is not good business. The pie is being cut a lot thinner each time because of the competition. I have to be more competitive to keep the consumer's business. The business gets stale when you do not have competition. Mayor stated that a regulated industry is a little different from a freewheeling enterprise situation, and the City regulates cabs. Mr. Valadez added that when he has been in the Dallas/Fort Worth area he has been given cards to ask for a specific person because that person gives good service. 266 Item 7b continued Mr. Oldham agreed with Councilor Esther about the Ramirez family solving their problems. We have divorced from All American Cab and will not operate unless this new company is authorized. It would be nice if we could resolve this in another way but this has been going on for years. My client and his father hope to be friendlier than in the past twelve months. Mr. Wade stated that we have not met the requirements but if you look at the documents I handed you we have met all the requirements. He noted that eight of those ten cabs would not be increasing the number of cabs. He referred to the last two exhibits he had handed to the Council and noted that this is an unusual situation. By your Ordinance as of today, legally there can only be 7 cabs on the street because of the age requirement. Mayor stated that under the Ordinance there is nothing that would prevent Mr. Ramirez, Sr. to put ten cabs out there. Either of the two cab companies would be able to add cabs. Mr. Oldham agreed and stated that we are not asking to take away their permit rights. You can either grant this franchise and give us ten permits or you can grant the franchise and reduce the permits of the other two, still partially leaving them with additional permits so that they can still put more cabs on so that you do not increase the number of permits. Or you could do a combination of the two. City Attorney stated that the permits granted to the two current cab companies are based on convenience and necessity and he would have a problem if the Council decided to split that up by operation, giving the current applicant a franchise by reducing the number of permits that the existing franchise holders can keep. The ordinance is based on public convenience and necessity and the Council's determination to the two current franchise holders is that the number of 46 permits meet the needs of the public convenience and necessity of the citizens of Wichita Falls. I would have a problem if the Council chose in order to grant the current application a need to reduce the other two current franchise holders because there is not enough business out there and you would be splitting the pie three ways. Mayor stated that the issue of reducing permits is not before us and is not something we can consider at this time. Councilor Hawkins asked if we could give them the ten permits and then request that the Taxi Cab Oversight Committee review the needs and reassess the permits at a later date. Mayor replied that you get into some vested property rights and some very tricky Constitutional issues when you start to do that. I am not saying it cannot be done but Council would have to be extremely careful from a legal standpoint to do that. Councilor Williams asked about the a company letting some of their permits sit knowing full well that if they never use them they can preclude anyone else from ever using them. It is a deliberate act. I know it is a strategy but it is something we ought to take another look at. City Attorney agreed with Councilor Williams on that part but added that you get back to the issue of what drives all this is the public demand for these services and for me to increase the number of permittes without underlying evidence that the public demands it, is an issue. Mayor said that at the time the 46 permits were issued on one or more occasion there was a public necessity and convenience. The situation since 9-1-1 at the Base has changed tremendously and so has traffic at the Base. If that had not happened we might well have been running all of those permits because of the use of the Base but because of the restrictions at the Base the need has been reduced for all of these cabs currently permitted. Perhaps, we should revisit whether this is a permanent or temporary thing, but it flies in the face of logic then to say there is public convenience and necessity to add more permits. We kind of meet ourselves coming and going either way. Councilor Williams thought that the thing with 9-1-1 and homeland security had to do with the number of cabs permitted on the Base not the number of people using cabs. It is only with how many were allowed on the Base. I am convinced that a lot of them came to the edge of the Base and got the cab there. They never stopped using the cabs. I do not know how we will resolve this but we cannot use this getting on the base and not getting on the base as the sole and primary reason that those cabs were not used. That just won't fly. Mr. Oldham pointed out that you have had three people tell you that there is more business here. One man wanted to put more cabs on the street and was not allowed to and he thinks the business is out there and if he puts the cabs out there he will make money. Councilor Williams stated that she respects Claudio Sr.'s opinion and even he thought there was a need, he just did not want his son to have it. 267 Item 7b continued Councilor Norrie asked what the normal process was for a person to apply for this business and if there was a bidding process. City Attorney stated that the regulation of cabs is a business that is regulated exclusively by the City. It is based and grounded on public convenience and necessity. There is no time period; it comes and goes with the public demand for the services, therefore, there is no deadline on when the City looks at the issue. Periodically the franchise owners have come to the Council and have said business is growing and there is a public demand out there that we need more cabs to meet the needs. On occasion the Council has enlarged the number of permits that a franchise holder can have. But it is different from the normal bidding process that the City has. Mayor said that it is a part of a larger scheme because this is a business carrying the public. It is part of a larger scheme in which cabs are regulated, inspected, have safety requirements, etc. for the benefit of those people who need it. Mr. Darron Leiker informed that there would be four cabs that no longer meet requirements, bringing the current total to 25. The intent of the ordinance is that a cab company will replace these older models exceeding age requirements with newer models. City Manager commented that the public necessity and convenience is what should rule here as the City Attorney stated. When we did have three cab companies I remember that the cabs were not improved and there was not enough money being made by any of them to stay in the business. My opinion is that the public convenience and necessity was not served that way at all. If you recall some time back the reason Presidential increased their fleet was that they bought out another company. My experience would be that if you have three cab companies you would go back to the cab wars. There was a lot of business undercutting. After we went back to two companies most of that went away. If you go back to three franchises you are going right back into the same situation, especially with what you have seen this morning. It is not going to be a harmonious situation out on the streets. Councilor Burns clarified that the cabs that were pulled and permits removed from those cabs will be counted as All American's cabs. We are talking about eight that Jr. pulled, which would be 12 less with 8 being Claudio Jr.'s. Maybe that is something we need to consider to meet the public convenience and necessity. If we do not grant another franchise there is not going to be much of a harmonious relationship with just two companies if we force, essentially, these folks to work together in order to operate their business because essentially you will have 8 cabs going out of business, or they would be forced to do business as before and maintain the two companies. Mayor said that we have not had enough time to see if the cabs would be replaced. We would be able to tell in a month or two if they have been replaced or not. Claudio Ramirez, Sr. said there are good times and bad times in this business, but you do not need more than 3 cabs in this town. Mr. Wade stated that it is not that we do not have the vehicles because I can have my permits filled in one week. If the demand were there I would have the vehicles on the street. There is no need to pay the insurance if the need is not there. Mr. Halford reiterated that the fact that Mr. Ramirez, Jr. removed his cabs from All American Cab has created a real need. The business is there. Councilor Norne mentioned that Mr. Halford wants his business to grow. I see this as an interpersonal situation between this family. It almost looks like a hostile takeover except that Jr. has the property and Sr. has the legitimacy. I think it is inappropriate for the Council to work out their interpersonal squabbles. However, I have not seen a demonstration of a need for more cabs or another franchise in our City. Half of the cabs are out on the street. We have to consider whether there is a need for another franchise in Wichita Falls, everything else is germane and I have not seen any evidence that we do another franchise or more cabs. Mayor said it would be like two partners separating. The reason for the separation does not create public convenience and necessity. Mr. Halford reiterated that the necessity is there. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. City Council recessed at 9:55 a.m. and reconvened at 10:15 a.m. 268 Item 7c A public hearing was held on a Special Service Vehicle franchise application from Claudio Ramirez, Jr. DBA All American Limousine and Special Service Vehicles to operate within Wichita Falls. Mayor declared the public hearing open. City Attorney explained the difference between a special service vehicle and a taxicab franchise. Claudio Ramirez, Jr., 2401 McNiel, owner of All American Limousine, stated that they had dropped the ball and did not renew their special service vehicle/limousine franchise. Jody Wade, 7712 Highway 79, asked if the name of this franchise would create a legal problem. He wanted to make sure that the name is done correctly in the franchise. Mr. Oldham stated that they would be happy to change the name in the application. This is a completely different business than the cab business. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8a ORDINANCE NO. 10-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONTINUING IN EFFECT SECTION 20-11 OF THE CODE OF ORDINANCES, ENTITLED "CURFEW HOURS FOR MINORS," FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 10-2004 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8b ORDINANCE NO. 11-2004 ORDINANCE MAKING APPROPRIATION TO THE SPECIAL REVENUE FUND FOR ADDITIONAL RYAN WHITE TITLE III GRANT FUNDING IN THE AMOUNT OF $87,124 RECEIVED FROM TARRANT COUNTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Ordinance No. 11-2004 be passed. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 269 Item 8c ORDINANCE NO. 12-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 10.07 ACRES OUT OF THE H. & G. N.SURVEY, SECTION 39, A-161, WICHITA COUNTY, TEXAS, FROM SINGLE FAMILY-2 TO MULTIFAMILY RESIDENTIAL AND AMENDING THE LAND USE PLAN TO CONFORM TO THIS CHANGE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Ordinance No. 12-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8d ORDINANCE NO. 13-2004 AN ORDINANCE AUTHORIZING AN AMENDMENT TO REINVESTMENT ZONE #1 (TAX INCREMENT FINANCING DISTRICT) TO INCLUDE A PORTION OF BLOCKS 166, 173 & 185; 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. 13-2004 be passed. Motion seconded by Councilor Burns. Councilor Williams questioned why the TIF Zone did not go all the way up to Eastside Drive. Mr. Clark said he did not know. The original development of this zone was in 1985 and I do not know what their thinking was back then. Councilor Williams felt that it was illogical to carve out certain areas. If there was ever intention of growth in that direction and in that community it should have gone to Eastside Drive. Somebody should consider this. It disturbs me that it went so close and being a block away makes all the difference in the world if ever any growth is to start in that area. Mayor explained that at the time this was created it was negotiated between three separate entities and you have the School District and the County giving up taxable revenue. There were certain demographic standards that had to be made to create the Tax Increment Finance Zone. It was not that any one entity wanted to include or exclude a plot. The nature of a TIF Zone means that any increase in property taxes generated stay within that area to enhance further development. That meant a loss of potential tax revenue for the School, City, and County but put to a good purpose to try to enhance those areas. City Manager added that it started as a movement in the central part of downtown. There was a balancing factor between commercial and residential and they had to look at where the areas went. Councilor Hawkins stated that it was nowhere near where it started. We have had two or three changes since then. Mr. Clark concurred that this is the third change. City Manager added that there was no reason this could not be revisited and see if some of those demographics have changed and you could certainly add to it. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 270 Item 8e ORDINANCE NO. 14-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SEC 82-62, SEC 82-68, AND SEC 82-58 OF THE CODE OF ORDINANCES TO PERMIT THE SALE OF MERCHANDISE, FOOD, AND DRINKS, THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES, HORSES ON THE GRASS, AND RESERVATION OF SURROUNDING GROUNDS OF THE LARGE SHELTER DURING A FUND RAISING EVENT BY THE EASTSIDE GIRLS & BOYS CLUB INC. IN SPUDDER PARK APRIL 3, 2004; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 14 -2004 be passed. Motion seconded by Councilor Ammons. Gene Klinkerman, 1630 Celia, said he was not in favor of these types of fundraisers for Boys & Girls Clubs because the sale of and consumption of alcohol sends a mixed message to these kids. Councilor Norrie agreed and said he had a basic concern if used for consumption of alcohol. He asked how this would be monitored. Persons who over indulge could affect family events negatively. Mr. Klinkerman expressed concern with the effect this would have on the children. Mr. Jack Murphy explained that if it is an organized group we check with them to see how they control it and if they do not there would be a problem with allowing it in the future. This is their first year to put on this type of event. Mayor commented that the sale and consumption of alcoholic beverages is extremely controlled by the Texas Alcoholic Beverage Commission. Also, the issue is whether or not you would allow alcohol to be served on public grounds, although it is a policy matter that Council needs to consider. We do allow other organizations to have events that sell and consume alcohol, like Falls Fest. We need to look over our policy and apply it fairly to all organizations. Councilor Hawkins stated that we have had other functions there that we did allow alcohol to be sold and consumed. However, we do need to look at this policy. Councilor Norrie said that this issue got his attention last year and he should have brought it up as a policy issue. He suggested that a separate area be used for this, away from families. Moved by Councilor Norrie to amend the proposed ordinance to require the part of the park that is being reserved for the event be sectioned off. Motion died for a lack of a second. Main motion carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8f ORDINANCE NO. 15-2004 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING SECTION 82-63 OF THE CODE OF ORDINANCES TO PERMIT POSTING OF A BANNER DURING AN EVENT BY THE SPECIAL OLYMPICS OF TEXAS-NORTH TEXAS AREA IN LUCY PARK ON APRIL 23, 2004; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No.15 -2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. 271 Item 8f continued Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 8g A proposed ordinance was presented authorizing a Taxicab Franchise for Claudio Ramirez, Jr. DBA Wichita Checkered Cab. Moved by Councilor Ammons that proposed ordinance be passed. Motion seconded by Councilor Williams. Mayor explained the action before the Council. Mr. Charles Oldham pointed out that under the City's Vehicle For Hire Ordinance a cab franchise may be amended by the Council to reduce the number of vehicles authorized under the franchise when the holder fails to license and operate the number of vehicles authorized. That does not make any requirement of need or having a right to it. Mr. Glyn Halford informed that we are talking about the need for the City and Claudio Ramirez, Jr. has been providing that need for many years, and there is a public necessity as of today that this franchise be granted. That way we maintain the service to the City that we were currently holding as of yesterday. We did in good faith remove ourselves from All American Cab with the expectation that this would be passed. We also have 14 drivers and families that will be affected by this and we explained that to them. It is business and it is personal. I have been in the cab business since 1992 and I want to continue to be in business. I ask you to support Wichita Checkered Cab. Councilor Burns said he had heard a lot about the needs of the community and people losing their jobs. Although I do not disagree with that, it seems irresponsible to me that you would pull existing permits and inspection stickers from on-going working cabs if these families were relying on those cabs for their income. It seems you would not have done that if you were not absolutely sure you were going to be granted the franchise. There is no way to be absolutely sure of that. Maybe it was a tactical error that was made here. Mr. Halford said that they have been thinking about this for years, and there is no good time to do this. Councilor Burns said it comes across like Council would be responsible for this. Mr. Halford said he did not mean it that way; he did not mean to infer that and apologized. Councilor Burns stated that if there is a severe drop in service he thinks that gap will be filled very quickly. Councilor Hawkins said in real estate we sub-contract, and when you disagree with management you move from one company to another. Unfortunately we may see the demise of All American Cab if Mr. Ramirez Sr. is not able to provide additional cabs, but that is business. It is unfortunate that the sub-management of the company disagrees with the owners and managers of the company. My decision has to be based on whether Claudio Jr. has proven to the Council the need for ten additional permits in Wichita Falls. Mr. Halford explained that there is a need for the City because when they pull out a need created at that time. Councilor Norrie said we are assuming that there is going to be a vacancy that is going to cause a hardship. We are assuming this and I would rather see what happens. Jody Wade may step up and purchase more cabs and Mr. Ramirez, Sr. may buy a couple of more. Let's see what happens. Army Specialist Brian O'Sullivan, stationed at SAFB for fourteen weeks, is a regular customer of All American Cab and expressed that there is a need for additional cabs on the Base. Some soldiers cannot have vehicles there and we do have a long wait for cabs. Ronnie Mayberry, 3153 Seymour Highway, drives a cab for Claudio Ramirez, Jr., stated that there is a need for a new cab company. I have seen people out there from the base all around town and we cannot pick them up at once; it is back and forth all the time to pick them up. If we can get these other cabs we can take care of these people. My main objective is to take care of military. Mayor said that the issue before Council is whether to grant an additional cab franchise based upon a showing by the applicant that there is a public convenience and necessity. It is unfortunate but totally irrelevant to our decision that there is a family dispute. It is just as if there 272 Item 8g continued was a cab company with two or more partners and the partners broke up and one of the partners decided they wanted to go into business. When we currently have less than half of the permitted taxicabs running and if we granted the ten there is nothing to say that Mr. Ramirez Sr. can't go out immediately and purchase or lease more cabs and put those into operation. From my standpoint, having viewed Mr. Jody Wade's operation over the past few years I am confident that if the business were out there Mr. Wade would have the cabs running on the streets. He has cabs in his yard that could be licensed but he does not run, therefore, I cannot see where the applicant has shown there is a public necessity to put out additional permits. Councilor Hawkins asked that Council look into the current permits to see if they are not being filled. If they are not being filled I am going to recommend that we pull them back to allow someone else some growth. Holding permits to prevent someone else from having them is not right. It is to keep out the competition. Motion failed by the following vote. Ayes: Councilor Williams Nays: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Item 8h ORDINANCE NO. 16-2004 ORDINANCE AUTHORIZING A FRANCHISE FOR SPECIAL SERVICE VEHICLES TO CLAUDIO RAMIREZ, JR. DBA ALL AMERICAN LIMOUSINE AND SPECIAL SERVICE VEHICLES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Burns that Ordinance No. 16 -2004 be passed. Motion seconded by Councilor Ammons. Mr. Charles Oldham stated that they would like to change the name of the business to Wichita Limousine and Special Service Vehicles instead of All American Limousine and Special Service Vehicles. Moved by Councilor Burns to amend the proposed ordinance by changing the name of the franchise to Wichita Limousine and Special Service Vehicles. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9a RESOLUTION NO. 22-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING CONTRACT WITH WILLIS, GRAVES AND ASSOCIATES, INC. FOR WHOLESALE WATER COST-OF-SERVICE AND RATE 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 Norrie that Resolution No. 22 -2004 be passed. 273 Item 9a continued Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor stepped out of Council chambers. Mayor Pro-Tem Burns presided. Item 9b RESOLUTION NO. 23-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE TEX MEX BASEBALL LEAGUE OF WICHITA FALLS FOR EXTENDED RESERVATION PRIVILEGES TO USE BALLFIELDS IN SPUDDER AND WILLIAMS PARKS FOR THEIR 2004 ADULT BASEBALL LEAGUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Esther that Resolution No. 23-2004 be passed. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 9c RESOLUTION NO. 24-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CERTIFYING AN EMERGENCY SHELTER GRANTS PROGRAM APPLICATION BY FIRST STEP, INC. OF WICHITA FALLS AND AUTHORIZING THE MAYOR'S SIGNATURE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Williams that Resolution No. 24-2004 be passed. Motion seconded by Councilor Esther and carried by the following vote. Ayes: Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Mayor returned to Council chambers. Item 9d A proposed ordinance was presented awarding bid for the purchase of fifteen Ford Crown Victoria Police Patrol vehicles. Councilor Hawkins moved to suspend the rules and discuss all the bills at one time and then make a motion to accept one. Mayor stated that it is not a matter of us suspending our rules; 274 Item 9d continued it is a matter of the Open Meetings Act of us having a motion on the floor that is posted and discussing these items one at a time. Councilor Hawkins said that he thought the rule is that it has to be posted and it has been posted and all of them would be discussed. City Attorney stated that he was not sure but knew that we had to comply with the Open Meetings Act in terms of the posting. Councilor Hawkins said it would be much more expedient to consider all of them at the same time. Mayor put that motion on the floor and without objection he will allow wide ranging discussion on relevancy because he felt Items 9d and 9e were all relevant to each other. Moved by Councilor Burns that proposed resolution awarding the bid to Pruitt Ford be passed. Motion seconded by Councilor Norrie. Mayor stated that despite the cost difference he has a safety problem with the Ford Crown Victoria vehicles until they correct their fuel leak problems. Motion failed by the following vote. Ayes: None Nays: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Item 9e RESOLUTION NO. 25-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF FIFTEEN (15) CHEVROLET IMPALA POLICE PATROL VEHICLES FROM HERB EASLEY MOTORS IN THE AMOUNT OF $255,757.50; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Hawkins that Resolution No. 25-2004 (Council Bill #46B) awarding bid to Herb Easley be passed. Motion seconded by Councilor Williams. Mrs. Peggy Gahagan informed that the low bidder meeting specification was Capital Chevrolet, Austin Texas. She also noted that there is a local bidder, Herb Easley, that falls within the 3% rule. Charles Bowden, 1406 Amber Joy, Herb Easley representative, informed that they have 113 employees, their tax base is $106,913.50 and their sales tax is 297,619.37. He asked Council to consider awarding bid to Herb Easley. He added that they would do the warranty work no matter where the City purchased the vehicles. Councilor Hawkins stated that we would be providing jobs and benefits if we gave the bid to Herb Easley. Gene Klinkerman, 1630 Celia, Fleet Manager for Four Stars Motors in Henrietta, informed that they are very active in the City's bidding process. We have 85 employees many of whom reside and pay taxes in Wichita Falls. We do not fall into the 3% rule because we are outside the City of Wichita Falls. I think in the past you have split business up and would appreciate some consideration in that if you would give us all or part of that bid. We are here for service and appreciate your consideration Mayor commented that state law does not allow us to accept any other bidder other than the low bidder if they do not come within the 3% rule. City Attorney stated that if you do not go with Herb Easley you would have to go to the next lowest responsible bidder, which would be Capital Chevrolet. Mayor informed Mr. Klinkerman that we cannot award this bid to you today but suggested that next time this comes up where you are competing with a local bidder come in with some numbers of employees who live in Wichita Falls, etc. and be a little more specific. The way you present it might help your situation quite a bit because your bids are so close. 275 Item 9e continued Councilor Williams asked about warranty work experience with Herb Easley. Mrs. Gahagan informed that there have not been any problems; our local dealerships do an outstanding job of warranty maintenance work. Motion carried by the following vote. Ayes: Mayor Altman, Councilors Ammons, Esther, Norrie, Burns, and Hawkins Nays: Councilor Williams Item 10a Councilor Esther asked that staff provide him information on the traffic situation at FM 369 and Bacon Switch Road. Police Chief will check into that. Councilor Williams suggested that he contact Sheriff Callahan since it is out in the County. Councilor Hawkins asked that Police keep a check on the trucks running over the curbs and parking on private property by the Love's Truck Stop. Police Chief will look into this. Councilor Hawkins received a complaint against Oncor. He stated that in the past the power company would meet the citizens' transformer needs and provide service, but Oncor has changed the way they provide service. He has a problem with that since we have let them have our right of way for usage. He is concerned with what changes they will make next. Councilor Hawkins informed that he had attended the meeting regarding the Loop 11 Extension Project and he was not pleased with what he heard. He requested a Council - Staff meeting to look at the Loop 11 Extension Project and some of the general rules that say it is Council's decision whether or not the City participates in the purchase of land. He asked that this meeting be held separate from the City Council meeting. He wants to discuss what is happening with this project and the continued delays. Councilor Williams said that here had been complaints on what had happened at the last concert at MPEC. The performance was outrageous and a lot of drunks were in the audience. Also, citizens did not see a lot of security there. She asked that the MPEC Board look into this. Mayor said that TABC was there and they made arrests. Councilor Ammons mentioned the water ordinance and the need to set a time to discuss this with the car wash people regarding water conservation. She informed that Debbie Bradley and Mark Lam had not been contacted and would like to give their input. Mayor informed that it is his intent to refer all of the Water Ordinance questions to the Water Resources Commission and let them meet with the interest parties and hear their concerns. Staff will notify interested persons when the Water Resources Commission will be meeting. Councilor Ammons complimented Mr. Tommy Lankford, Employee of the Month, for his impressive work history. Councilor Burns agreed and said it was very impressive and he congratulated Mr. Lankford for his 22-years perfect attendance. Councilor Burns referred to the Water Ordinance and suggested that the car wash owners come up with a solution on how to enforce the Ordinance but yet make it easier on themselves. Councilor Norrie mentioned the park issues and the Eastside Boys and Girls Club fundraiser. He clarified that his comments had nothing to do with the location of the park. I asked that the Parks Department look into this issue to see when alcohol is being served and the possibility of separating the areas where the alcohol is being sold and consumed from the families and those coming to the event. There should be a simple inexpensive way to handle this. Councilor Norrie informed that Fred Childers, TV 6 anchor and reporter, would be leaving Wichita Falls to go to Shreveport, Louisiana. He wished him well. Mayor wished Mr. Childers good luck in Shreveport. 276 Item 10b City Clerk provided election related dates. Mr. Scott Taylor gave a presentation on water projects. At this point Mayor deviated and took Item 11 out of order to be considered at this time. Item 11 Herschel Rails, 3101 Sheppard Road, owns a salvage yard and has a singlewide trailer home where people stay for security purposes. He was not aware that this is against City ordinance. He is requesting time to go through the zoning process to rezone that location to Light Industrial. It was noted that this was an administrative decision to be made by the City Manager. City Manager stated that he would have to look at all the particulars and try to work with Mr. Rails. Leona Roberts, 3101 Sheppard Access Road, stated that today was the last day when she was to move her trailer and she does not know where to move. Again, it was noted that the City Manager would try to work with Mrs. Roberts, but he needs to get more facts. William Adams, 1809 Pearl, spoke in reference to TelePak. He suggested that a telecommunication policy advisory committee be formed made up of community and business leaders on telecommunication issues. Mayor suggested that he put his ideas in writing and give them to the City Attorney for review. Item 10c(1) City Council went into Executive Session at 12:49 p.m. as authorized by Section 551.074 of the Texas Government Code. City Council reconvened at 1:05 p. m. Mayor announced that no action nor votes were taken in executive session. Item 10d(1)(a) Moved by Councilor Burns to make the following reappointments to the MPEC Board of Directors. Mrs. Kay Yeager, Place 1, with term to expire January 26, 2007 Mr. James Berzina, Place 3, with term to expire February 4, 2007. Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 10d(1)(b) Moved by Councilor Burns to make the following reappointments to the MPEC Corporation Board with terms to expire February 4, 2007. Mr. James Berzina, Place 1 Mrs. Kay Yeager Place 2 Motion seconded by Councilor Williams and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None 277 Item 10d(1)(c) Moved by Councilor Burns to move Mr. Eamon Riley from Place 5 to Place 4 on the Animal Shelter Advisory Committee, with term to expire December 31, 2005, and to appoint Katie Lovelace to Place 5 on the Animal Shelter Advisory Committee, with term to expire December 31, 2004. Mr. Riley will serve as the Animal Welfare Organization representative and Mrs. Lovelace will serve as the citizen at-large. Motion seconded by Councilor Norrie and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None Item 10e RESOLUTION NO. 26-2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONFIRMING APPOINTMENT AND REAPPOINTMENT TO THE FIREFIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW City Manager recommended that Mr. James Harris, Place 3 be reappointed to the Civil Service Commission with term to expire December 31, 2006 and to appoint Mr. Robert Monaghan to Place 2 with term to expire December 31, 2005. Moved by Mayor Altman that Resolution No. 26-2004 be passed with the blanks to be filled in with (appointment) Mr. Robert Monaghan, Place 2, term to expire December 31, 2005 and (reappointment) Mr. James Harris, Place 3, term to expire December 31, 2006. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Altman, Councilors Williams, Ammons, Esther, Norrie, Burns, and Hawkins Nays: None City Council adjourned at 1:12 p. m. PASSED AND APPROVED this day of , 2004. JOHNNY BURNS MAYOR PRO TEM ATTEST: Lydia Torres-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, February 3, 2004, Beginning At 8:30 a.m. City Council: Mayor William K. Altman - Councilors Arthur Bea Williams, Linda Ammons, James Esther, Michael Norrie, Johnny Burns, and Harold Hawkins. 1 . Call to Order. 2. Invocation: Pastor John Edwards Wesley United Methodist Church 3. Presentations: Employee Of The Month 4. Approval of Minutes. CONSENT AGENDA 5. Resolutions: a. Resolution Authorizing The Purchase Of Four (4) Each Model 328-D 2WD Groundsmaster Riding Lawn Mowers, Through Buyboard Texas Local Government Purchasing Cooperative, In The Amount Of $57,756.00. (City Council Bill #32) b. Resolution Authorizing The Purchase Of Three (3) Each Model 428D Grasshopper Riding Lawn Mowers Through The Texas Building And Procurement Commission State Contract, In The Amount Of $30,810.00. (City Council Bill #33) 6. Receive Minutes: a. Planning & Zoning Commission — January 14, 2004 City Council Agenda Tuesday, February 3, 2004 Page 2 REGULAR AGENDA 7. Public Hearings: a. Public Hearing Regarding Regulations For Curfew Hours For Minors. b. Public Hearing On A Taxicab Franchise Application From Claudio Ramirez, Jr. DBA Wichita Checkered Cab To Operate Within Wichita Falls. c. Public Hearing On A Special Service Vehicle Franchise Application From Claudio Ramirez, Jr. DBA All American Limousine And Special Service Vehicles To Operate Within Wichita Falls. 8. Ordinances: a. Ordinance Continuing Regulations For Curfew Hours For Minors. (City Council Bill #34) b. Ordinance Making Appropriation To The Special Revenue Fund For Additional Ryan White Title III Grant Funding In The Amount Of $87,124 Received From Tarrant County And Authorizing The City Manager To Execute Contract Accepting Same. (City Council Bill #35) c. Ordinance Rezoning 10.07 Acres Out Of The H. & G. N. RR. Co. Survey, Section 39, A-161 , Wichita County, Texas, From Single Family-2 To Multifamily Residential And Amending The Land Use Plan To Conform To This Change. The Property Is Located North Of Northpark Village Apartments, Along The East Line Of 1-44 Expressway. (City Council Bill #36) d. Ordinance Amending The Boundaries Of The Reinvestment Zone #1 (Tax Increment Financing District) To Include A Portion Of Blocks 173 & 185. (City Council Bill #37) e. Ordinance Waiving Sec 82-62, Sec 82-68, And Sec 82-58 Of The Code Of Ordinances To Permit The Sale Of Merchandise, Food, And Drinks, The Sale Of Merchandise, Food, And Drinks, The Sale And Consumption Of Alcoholic Beverages, Horses On The Grass, And Reservation Of Surrounding Grounds Of The Large Shelter During A Fund City Council Agenda Tuesday, February 3, 2004 Page 3 Raising Event By The Eastside Girls & Boys Club Inc. In Spudder Park April 3, 2004. (City Council Bill #38) f. Ordinance Waiving Sec 82-63 Of The Code Of Ordinances To permit Posting Of A Banner During An Event By The Special Olympics Of Texas-North Texas Area In Lucy Park April 23, 2004. (City Council Bill #39) g. Ordinance Authorizing A Taxicab Franchise For Claudio Ramirez, Jr. DBA Wichita Checkered Cab. (City Council Bill #40) h. Ordinance Authorizing A Franchise For A Special Service Vehicle To Operate A Limousine Service To Claudio Ramirez, Jr. (City Council Bill #41 ) 9. Resolutions: a. Resolution To Approve Contract With Willis, Graves And Associates, Inc. For Wholesale Water Cost-Of-Service And Rate Study. (City Council Bill #42) b. Resolution Authorizing The City Manager To Execute A License Agreement To The Tex Mex Baseball League Of Wichita Falls For Extended Reservation Privilege To Use Of The Ball Field In Spudder Park And Williams Park For Their 2004 Adult Baseball League. (City Council Bill #43) c. Resolution Certifying An Emergency Shelter Grants Program Application By First Step, Inc. Of Wichita Falls And Authorizing The Mayor's Signature. (City Council Bill #44) d. Resolution To Award Bid For The Purchase Of Fifteen (15) Ford Crown Victoria Police Patrol Vehicles To Pruitt Ford In The Amount Of $318,971 .25. (City Council Bill #45) e. Resolution Authorizing Award Of Bid For The Purchase Of Fifteen (15) Police Patrol Vehicles. (City Council Bill #46A/46B) 10. Other Council Matters: a. Discussion Of Items Of Concern To Members Of The City Council. b. Staff/Council Discussion. c. Executive Session: City Council Agenda Tuesday, February 3, 2004 Page 4 (1) Consider Confirmation Of Appointee To The Firefighters' And Police Officers' Civil Service Commission And Consider Appointments To MPEC Board And MPEC Corporation-Board Of Directors As Authorized By Section 551.074 Of The Texas Government Code. d. Open Session: (1) Appointments To Boards And Commissions: a. MPEC Board b. MPEC Corporation c. Animal Shelter Advisory Commission e. Resolution Confirming Appointment To The Firerighters' And Police Officers' Civil Service Commission (City Council Bill #47) END OF TELEVISED SEGMENT 11 . Comments From The Public To Members Of The City Council On Items That Are Not On The City Council Agenda. RESUME TELEVISED SEGMENT 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 Council Agenda Tuesday, February 3, 2004 Page 5 City Clerk