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Min 12/20/2005 681 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 20, 2005 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: 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 Lanham Lyne - Absent In the absence of Mayor Lyne, Mayor Pro Tern Gonzalez presided over today's meeting. Mayor Pro Tern Gonzalez called the meeting to order. Item 2a Captain Tex Ellis, Salvation Army, gave the invocation. Item 2b Councilor Dorothy Roberts-Burns led in the Pledge of Allegiance. Item 3 There were no presentations. Item 4 No one signed up to speak under Public Comments. Item 5 The Minutes were approved as distributed. Item 6 City Manager gave a briefing on the item listed under the Consent Agenda. Moved by Councilor Ammons that the Consent Agenda be approved. 682 Item 6 continued Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Minutes of the following board meeting were received. a. Wichita Falls Park Board — November 3, 2005 Mayor Pro Tern Gonzalez moved Item 9a up on the agenda to be considered at this time. Item 9a RESOLUTION NO. 166-2005 RESOLUTION RECOMMENDING THE OFFICIAL NAMING OF THE BROAD — HOLLIDAY OVERHEAD AS LLOYD RUBY OVERPASS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No.166-2005 be passed. Motion seconded by Councilor Ammons. The following persons spoke in favor of the proposed resolution. Bob Brotherton, 4503 Martinique, gave a presentation and brief history on Lloyd Ruby and his racing career. Brian Walser, 131 Pembroke Hal Yeager, 4600 Taft Cory Dorman, 2200 Piedmont, read a letter from Donald Davidson, Historian of Indianapolis Motor Speedway, in support of naming a section of roadway in honor of Lloyd Ruby. Reno Gustafson, 3604 Cedar Elm. Arnold Oliver, 2408 Merrimac, was not opposed to honoring Lloyd Ruby in that manner, but suggested that honor be given to people who made the transportation system happen in Wichita Falls, like Clarence Muehlberger. He suggested that the Central Freeway that passes by the racetrack where Lloyd Ruby began his racing career be named in his honor. Motion carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None City Council recessed at 9:05 a.m. and reconvened at 9:15 a.m. City Manager moved Items 9h, 9f, and 9c up to be considered at this time. Item 9h RESOLUTION NO. 173-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AMENDMENT TO THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION 2005-2006 BUDGET IN THE AMOUNT OF $1,900,000 FOR AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH ATCO STRUCTURES, INC. AND PURCHASE OF A BUILDING AT 2400 BURKBURNETT ROAD; 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. 173-2005 be passed. 683 Item 9h continued Motion seconded by Councilor Elmore. Mr. Matt Benoit informed that the 1 94mlll on to $1 7 O,000rd had met o in ay and ordertohhaveked a more exact Council consider changing the amount figure. Mrs. Kay Yeager, Board of Commerce and Industry Chair, provided information on this project. Brent Morgan, ATCO General Manager, expressed appreciation to the Council for their consideration. Councilor Ginnings suggested that they get with Mr. Jack Murphy and discuss ways of landscaping that area. Moved by Councilor Ammons to amend the proposed resolution to replace the figure of $1.9 million with the figure $1,710,000. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 9f RESOLUTION NO. 171-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, A RESOLUTION IN SUPPORT OF LOCATING THE FUTUREGEN PROJECT IN WICHITA FALLS, TEXAS; FINDING AND DETERMINING THAT THE A MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No. 171-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 9c RESOLUTION NO. 168-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS WITH SUCH AGENCIES; WAS PASSED ETERMINING T THE PASSED WAS OPEN TO THE PUBLIC G AT WHICH THISHIS AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 168-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. 684 Item 9c continued Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 7a A public hearing was held on a Special Service Vehicle franchise for Mike Ledue DBA Maineline Limousine, Inc. Mayor Pro Tern Gonzalez declared the public hearing open. City Clerk provided information on this item noting that if this franchise is authorized it would expire December 20, 2010. She also informed that according to the Code this ordinance would not go into effect for thirty days. Applicant Michael Ledue, 1605 Carol Lane, informed that he was previously permitted under Prezo, Inc. but is now applying for his own franchise for two limousines. Councilor Ammons asked if this was the same as cabs where they do not have the vehicles until they are authorized a franchise. City Clerk replied that both Mr. Ledue and Mr. Zentgraf have their limousines now. Mayor Pro Tern Gonzalez called for additional public comments. There being none, Mayor Pro Tern declared the public hearing closed. Item 7b ORDINANCE NO. 103-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A FRANCHISE FOR SPECIAL SERVICE VEHICLES TO MICHAEL LEDUE DBA MAINELINE LIMOUSINE, INC.; 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. 103-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 7c A public hearing was held on a Special Service Vehicle franchise for David Zentgraf DBA Moonlight Limousine. Mayor Pro Tern declared the public hearing open. City Clerk provided information on this item noting that if the franchise were authorized it would expire December 20, 2010. She also informed that according to the Code this ordinance would not go into effect for thirty days. Mr. Zentgraf informed that he had been in transportation for seven years with the Wichita Falls Independent School District. He provided information on his plans for this limousine service. Mr. Zentgraf requested that the City's chauffeur permit requirement be waived for him because he has a Commercial Drivers License and the requirements for a CDL are more stringent than those set out by the City. 685 Item 7c continued Council discussed his request and felt that since he had gone through more rigorous requirements than the City's that he, as an individual, be waived from obtaining a City chauffeur permit. Mayor Pro Tern called for additional public comments. There being none, Mayor Pro Tern declared the public hearing closed. Item 7d ORDINANCE NO. 104-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A FRANCHISE FOR SPECIAL SERVICE VEHICLE TO DAVID ZENTGRAF DBA MOONLIGHT LIMOUSINE SERVICE; 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. 104-2005 be passed. Motion seconded by Councilor Ammons. City Attorney informed that Council could allow Mr. Zentgraf a waiver contingent upon him being licensed with a Class B Commercial Drivers License as a chauffeur's license or better. He can operate individually with a valid Commercial Drivers License issued by the State of Texas. Moved by Councilor Elmore to amend the proposed ordinance by allowing Mr. Zentgraf a waiver from the City's requirement for a taxi chauffeur's permit contingent upon him obtaining a valid Class B Commercial Drivers License issued by the State of Texas. Motion seconded by Councilor Norrie, Councilor Ginnings brought up Councilor Elmore's question as to whether this Commercial Drivers license was higher than or more demanding than the City's. City Attorney replied that he believes that it is. City Clerk informed that they are required to provide a Defensive Driving Certificate and undergo a Police Department background check and meet the requirements set out in the Code in order to obtain a City permit. Police Chief Bachman felt that the City's chauffeur permit was like any other permit issued by the City to be able to do plumbing or electrical work. That is what they are applying for and we look at their qualifications to see if they qualify and meet the City's approval and if not, we can deny them. The confusion is that a Driver's License is different from the City's in that they come to the City to be permitted to operate a vehicle inside the City, just like the plumbing permit authorizes them to work inside the City. Councilor Elmore withdrew his motion and Councilor Norrie withdrew his second. Main motion carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 8a ORDINANCE NO. 105-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE 2004-05 BUDGET IN VARIOUS FUNDS AS PART OF THE 2004-05 FISCAL YEAR END CLOSING PROCESS; 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.105 -2005 be passed. I 686 Item 8a continued Motion seconded by Councilor Ammons. David Brock, 320 Hilltop, encouraged the Council to sell the naming rights of the Coliseum. Councilor Norrie will visit with him about this suggestion. Motion and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 8b ORDINANCE NO. 106-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER DISCRETION TO WAIVE SEC 82- 58, SEC 82-62, SEC 82-63, AND SEC 82-68 OF THE CODE OF ORDINANCES TO PERMIT VEHICLES ON THE PARK GRASS, SALES, SIGNS, AND POSSESSION AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES FOR EVENTS IN PARKS BY QUALIFYING ORGANIZATIONS; 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. 106-2005 be passed. Motion seconded by Councilor Ammons. Moved by Councilor Ammons to amend the proposed ordinance in order to correct a duplication of Section 82-62 by deleting one Section 82-62 and replacing it with Section 82-63. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 8c ORDINANCE NO. 107-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES 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.107-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None 687 Item 8d ORDINANCE NO. 108-2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM THE SANITATION FUND FOR PURPOSES OF PURCHASING RIGHT-OF-WAY FOR LOOP 11; 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. 108-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 8e ORDINANCE NO. 109 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING SECTION 14-1 OF THE CODE OF ORDINANCES, TO INCLUDE A DEFINITION FOR "CRUELLY TREATED;" 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.109 -2005 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Pro Tem Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Councilor Norrie stepped out of Council Chambers. Item 9b RESOLUTION NO. 167-2005 RESOLUTION APPROVING THE TRANSFER OF VARIOUS AGED RECEIVABLE ACCOUNTS TO DORMANT STATUS AS PART OF THE CITY'S FISCAL YEAR END CLOSING PROCESS; 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.167-2005 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None 688 Item 9d RESOLUTION NO. 169-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD THE CONTRACT FOR THE AERIAL MAPPING PROJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Councilor Norrie returned to Chambers. Moved by Councilor Roberts-Burns that Resolution No. 169-2005 be passed. Motion seconded by Councilor Ginnings. Councilor Ammons stepped out of Council Chambers. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Norrie, and Elmore Nays: None City Council recessed at 11 a.m. and reconvened at 11:20 a.m. Item 9e RESOLUTION NO. 170-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE CITIES AGGREGATION POWER PROJECT'S (CAPP's) EFFORTS TO ENTER INTO NEGOTIATIONS FOR A CAPACITY CONTRACT WITH THE OWNER OF COAL GENERATION TO SUPPLY THE BASE LOAD ELECTRIC POWER FOR CAPP MEMBERS OVER A 10-YEAR PERIOD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Resolution No.170-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None Item 9g RESOLUTION NO. 172-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN EXPENDITURE BY THE WICHITA FALLS POLICE DEPARTMENT FROM THE SEIZED FUNDS ACCOUNT IN THE AMOUNT OF $6,900 FOR A RENEWAL SUBSCRIPTION TO THE LAW ENFORCEMENT AUTOMATED DATABASE SEARCH; 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. 172-2005 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, Norrie, and Elmore Nays: None 689 Item 10a Mr. Scott Taylor detailed the Christmas and New Year Holiday schedule for sanitation pick up. Mr. Taylor informed that the weather has prevented completion of street overlays. On behalf of the City employees, the City Manager wished the City Council a Merry Christmas and a Happy New Year. We have enjoyed working with you in 2005 and we know 2006 will be another busy year. Item 10b Councilor Ginnings mentioned that the Mayor had asked him to work with Scott Taylor and Dave Clark on the Curb & Gutter Ordinance. He proposes that we have an appropriate assessment for undeveloped areas or border areas or streets never had any curb and gutter. This could be written into the Ordinance or staff could determine that. There would be a certain advantage to the City as a whole and that percentage would be applied to the cost and the balance would be on other participants who would benefit and their percentage would be determined. His hope would be to make those fixed and defined well enough where they would not need to be at Council meetings. I would like to assess those areas on as needed bases. I am asking for input from the Council to determine if we can proceed along those lines. Councilor Elmore asked if they were going to look into rural areas within the City limits or are look at everything, curb and gutter, drainage and rebuilding those streets? Mr. Taylor stated that other cities do not distinguish; they have the authority to assess. Our ordinance was to address boundary streets. Developer is responsible for development. Street ordinance is not about rebuilding streets only for improvements, bar ditches, etc. All cities that have assessments have not been limited. It is all, some, or none. It depends on what the Council wants in that ordinance, what you want to address. City Attorney suggested that Council put this item for discussion on one of their future meetings. City Manager clarified that Councilor Ginnings wanted to know if there is enough initial support from the Council to take it to the next step and then have staff present proposals for Council's consideration. Mr. Dave Clark stated that they had already done an initial look at type of curb and gutter in a developed area and had prepared a draft proposal related to the sidewalk ordinance adopted a couple of years ago. Mayor Pro Tern Gonzalez stated that the City Manager would look into that and discuss it with the Mayor for a future agenda item. City Manager suggested a three-member Council subcommittee for this. Mayor Pro Tern Gonzalez stated that the Mayor would make that decision. The City Manager will discuss that with the Mayor. Councilor Roberts-Burns stated that the MLK Prayer Breakfast tickets could be purchased at the MLK Center. Councilor Elmore wished everyone a Merry Christmas and a Happy New Year. He thanked the people of District 5 for the support they have given him this year. I really appreciate the input I have had from out there and look forward to 2006. 1 think we have a dynamic Council and I think there will be significant changes in Wichita Falls. Councilor Ginnings wished everyone a Merry Christmas. He congratulated Mayor Pro Tern Gonzalez for his appointment as representative to the TML Board. He mentioned that the City Clerk was also serving as a representative on the TML Board. Councilor Ginnings asked Mr. Scott Taylor to accelerate work on the sewage issues on Jacksboro Highway and Southwest Parkway area as well as the water pressure issues and move them along. Councilor Ginnings said he was in support of an ordinance that would restrict sexual predators that occupy areas close to school locations. Also, he is not in favor of grandfathering anyone; he wants a clean ordinance stating that if you are a convicted felon you cannot live in certain areas and will have to move. Councilor Ginnings stated that he is in support of better map provisions proposed by Mr. Scott Taylor. 690 Item 10b continued Councilor Ginnings mentioned that there was a memo from a citizen regarding junked up cars at 1702 Victory. He asked staff to look into that to see what needs to be done about it. Councilor Norrie thanked Councilor Ginnings for his support on the ordinance against sexual predators. He agrees with his comments. City Attorney informed that Staff has been mapping out where this would affect as well as the areas. We hope to get that information to Council in the New Year but we want to be comfortable with it. Councilor Norrie informed that Clear Channel is in the vanguard of clearing up the Amber Alert. They will try to get that online beginning next year. City Manager informed that a new piece of equipment needed to be acquired by the City where we can have a local Amber Alert system. This would provide better service to the citizens. Councilor Norrie stated that it goes through a broad band of coverage which helps to find a missing or abducted child. He wished the Council and Staff a Merry Christmas and very relaxing New Year. That is the time to spend with families. He asked that we remember our military overseas. He mentioned that today was his wife's birthday. Mayor Pro Tern has done a great job presiding over today's meeting. Councilor Ammons stated that she has received calls about six houses in District 1 regarding junked cars. She asked how Code Enforcement followed up. Mr. Dave Clark explained the process. Councilor Ammons mentioned an article in the TML magazine regarding furnishing laptops to Code Enforcement to increase their productivity and the use of a GIS mapping system. She asked Mr. Clark to look into any possibility of doing that. She is aware of the budget constraints. City Manager informed that Staff is looking into purchasing an Internet based system that is a citizen complaint/concern tracking system. The citizens can track their complaints/concerns through this system and see where it is. It provided maintenance reports. We will bring this to Council at a later date. Councilor Ammons commented that it had been such a joy since May to be on this Council. She wished a Merry Christmas to Council, Staff, and the public. She stated that she enjoys being the representative for District 1. Mayor Pro Tern Gonzalez was glad to hear that we are looking into a better tracking system where we can provide citizens better service. We need to streamline in every department and strive to be more citizen friendly by having these types of services. He agreed with Councilor Ginnings about moving faster on the sewer and water pressure issues on Jacksboro Highway. He asked staff to check into the junked cars on Victory Street, which is in his District. Mayor Pro Tern Gonzalez mentioned the FutureGen Plant and stated that in bidding the City has the water advantage and this is a big plus for us. He mentioned that our Reverse Osmosis Plant is going to enhance the community in more ways than one. Mayor Pro Tern Gonzalez wished everyone a Merry Christmas and a Feliz Navidad. Councilor Elmore mentioned that a lady told him that in Kansas some individuals were demonstrating against military that had been killed in Iraq; they were demonstrating at their funerals. He asked if there was an ordinance against this and if it was legal. City Attorney replied that we do not have an ordinance to address that, but he will be glad to visit with him to get more information. Item 10c City Council went into Executive Session at 12:15 p.m. as authorized by Section 551.071 and 551.074 of the Texas Government Code. City Council reconvened at 12:41 p.m. Mayor Pro Tern announced that no votes were taken during Executive Session. Councilor Norrie was not in attendance. 691 Item 10d(1) ORDINANCE NO. 110 -2005 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION FROM GENERAL FUND EQUITY FOR THE SETTLEMENT OF A PERSONAL INJURIES CLAIM FILED BY JOHNNY WELCH AGAINST THE CITY; 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. 110-2005 be passed and that the amount of$45,000 be inserted in the blank. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Item 10d(2A) Moved by Councilor Ammons to reappoint Mr. Curtis Harrrelson, Place 1, Mr. Jim McElvain, Place 2, and Mr. Dana Mills, Place 3, to the Aviation Advisory Board with terms to expire December 31, 2008. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Item 10d(2B) Moved by Councilor Ammons to reappoint the following persons to the Clean Community Commission with terms to expire December 31, 2007. Mr. Robert Randolph, Place 1, Mrs. Nan Presson, Place 3, Mrs. Pat Haywood, Place 4, Mrs. Nancy Dickerson, Place 5, Mr. John Scroggins, Place 8, Ms. Keesha Cribbs, Place 10, Mr. Wayne Pharries, Place 14. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Item 10d(2C) Moved by Councilor Ammons to reappoint the following persons to the Commission on Highway Transportation System Needs with terms to expire December 31, 2007. Mrs. Betty Tanner-Shelby, Place 2, Ms. Donna Adams, Place 3, Mr. Todd Druien, Place 5, Mr. Dan Shine, Place 11. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore 692 Item 10d(2C) continued Nays: None Moved by Councilor Ammons to appoint Mr. Dan Shine as Chair with term to expire December 31, 2007. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Pro Tem Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Item 10d(2D) Moved by Councilor Ammons to reappoint the following persons to the Commission on Human Needs with terms to expire December 31, 2007. Ms. Keesha Cribbs, Place 4, Ms. Teresa Ramos, Place 5, Mrs. Pat Haywood, Place 8, Mr. Dennis Marquardt, Place 13 Mr. Kenneth Cotton, Place 14, Ms. Robin Moreno, Place 15, Ms. Donna Piper, Place 17, and to appoint Ms. Gwendolyn Mitchell, Place 2, and Ms. Laura Parham, Place 9, with terms to expire December 31, 2007; and appoint Mr. Dennis Marquardt as Chair with term to expire December 31, 2006. Motion seconded by Councilor Roberts Burns. Moved by Councilor Ginnings to substitute Mr. Steve Young, Place 9 in place of Ms. Laura Parham. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tem Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Motion as amended carried by the following vote. Ayes: Mayor Pro Tem Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Item 10d(2E) Moved by Councilor Ammons to reappoint Mr. Walter Tyndale, Place 8, with term to expire December 31, 2008 to the Park Board and to appoint Mr. Brad Rodgers, Place 1 and Mr. Gene Strouth, Place 3, with terms to expire December 31, 2008. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Pro Tem Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None 693 Item 10d(2F) Moved by Councilor Ammons to appoint the following persons to the Traffic Safety Commission with terms to expire December 31,2008 Charles Byars, Place 11, David Brock, Place 13, Kevin Callahan, Place 15. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Item 10d(2G) Moved by Councilor Ammons to reappoint the following persons to the Water Resources Commission with terms to expire December 31, 2007. Mr. Charles Barr, Place 1, Mr. Chris Neeb, Place 5. Motion seconded by Councilor and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Item 10d(2H) Moved by Councilor Ammons to reappoint Mrs. Beverly Stiles, Place 1 and Mrs. Kathy Sultemeier, Place 3, with terms to expire December 31, 2007 to the Wichita Falls/Wichita County Health Board, and to appoint Mr. Bryan Press, Place 4, with term to expire December 31, 2007. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Item 10d(3) RESOLUTION NO. 174 -2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CONFIRMING APPOINTMENTS 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 Moved by Councilor Ammons that Resolution No. 174-2005 be passed by inserting the name of Robert Monaghan in the blank. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None 694 Item 10d(4) RESOLUTION NO. 175-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPOINTING/REAPPOINTING TWO MEMBERS TO SERVE ON THE WICHITA APPRAISAL DISTRICT BOARD OF DIRECTORS; 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. 175-2005 be passed by inserting the names of Charles Elmore, Place 1, and Arthur Bea Williams, Place 2, in the blanks. Their terms will expire December 31, 2007. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Ammons, Roberts-Burns, and Elmore Nays: None Item 11 City Council adjourned at 1:10 p.m. PASSED AND APPROVED this ]�) day of A 2006. LANHAM LYNE 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, December 20, 2005, 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: Captain Tex Ellis Salvation Army (b) Pledge of Allegiance 3. Presentations: 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. Receive Minutes Wichita Falls Park Board, November 3, 2005 REGULAR A GENDA 7. Public Hearings/Ordinances (a) Public Hearing On A Special Service Vehicle Franchise For Michael Ledue DBA Maineline Limousine, Inc. City Council Agenda Tuesday, December 20, 2005 Page 2 (b) Ordinance Authorizing A Franchise For Special Service Vehicles To Michael Ledue DBA Maineline Limousine, Inc. (Council Bill #281) (c) Public Hearing On A Special Service Vehicle Franchise For David Zentgraf DBA Moonlight Limousine (d) Ordinance Authorizing A Franchise For Special Service Vehicles To David Zentgraf DBA Moonlight Limousine Service (Council Bill #282) 8. Ordinances (a) Ordinance Amending The 2004-05 Budget In Various Funds As Part Of The 2004-05 Fiscal Year End Closing Process (Council Bill #283) (b Ordinance Authorizing The City Manager Discretion To Waive Sec 82-58, Sec 82-62, Sec 82-62, And Sec 82-68 Of The Code Of Ordinances To Permit Vehicles On The Park Grass, Sales, Signs, And Possession And/Or Consumption Of Alcoholic Beverages For Events In Parks By Qualifying Organizations (Council Bill #284) (c) Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue Received From The Texas Department Of State Health Services And Authorizing The City Manager To Execute A Contract Accepting Same (Council Bill #285) (d) Ordinance Making An Appropriation From General Fund Equity For Purposes Of Funding The Purchase of Right-of-Way for Loop 11 (Council Bill #286) (e) Ordinance Amending Section 14-1 Of The Code Of Ordinances, To Include A Definition For "Cruelly Treated" (Council Bill #287) 9. Resolutions (a) Resolution Recommending The Official Naming Of The Broad — Holliday Overhead As Lloyd Ruby Overpass (Council Bill #288) (b) Resolution Approving The Transfer Of Various Aged Receivable Accounts To Dormant Status As Part Of The City's Fiscal Year End Closing Process (Council Bill #289) (c) Resolution Approving Certain Grants To Arts Agencies As Recommended By The Wichita Falls Arts Commission And Authorizing The City Manager To Enter Into Contracts With Such Agencies (Council Bill #290) City Council Agenda Tuesday, December 20, 2005 Page 3 (d) Resolution to Award Contract for the Aerial Mapping Project (Council Bill #291) (e) Resolution Approving The Cities Aggregation Power Project's (CAPP's) Efforts To Enter Into Negotiations For A Capacity Contract With The Owner Of Coal Generation To Supply The Base Load Electric Power For CAPP Members Over A 10-Year Period (Council Bill #292) (f) Resolution Of Support For Locating The FutureGen Project In Wichita Falls, Texas (Council Bill #293) (g) Resolution Authorizing An Expenditure By The Wichita Falls Police Department From The Seized Funds Account In The Amount Of $6,900 For A Renewal Subscription To The Law Enforcement Automated Database Search (Council Bill #294) (h) Resolution Authorizing An Amendment To The Wichita Falls Economic Development Corporation 2005-2006 Budget In The Amount Of $1,900,000 For An Economic Development Incentive Agreement With ATCO Structures, Inc. And Purchase Of A Building At 2400 Burkburnett Road (Council Bill #295) 10. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. (c) Executive Session: (1 ) "Briefing By City Attorney Regarding Settlement Of Claim Against The City Filed By Johnny Welch; As Authorized By Section 551.071 Of The Texas Government Code." (2) Consider Qualifications Of Possible Appointee To The Civil Service Commission As Authorized By Section 551.074 Of The Texas Government Code. (3) Consider Qualifications Of Possible Appointees To The Wichita Appraisal District As Authorized By Section 551.074 Of The Texas Government Code. (d) Open Session: (1) Ordinance Making An Appropriation From General Fund Equity For Settlement Of Claim Against City By Johnny Welch. (Council Bill # 296) City Council Agenda Tuesday, December 20, 2005 Page 4 (2) Appointments/Reappointments to the following Boards and Commissions: (A) Aviation Advisory Board (B) Clean Community Commission (C) Commission on Highway Transportation Needs (D) Commission on Human Needs (E) Park Board (F) Traffic Safety Commission (G) Water Resources Commission (H) City/County Health Board (3) Resolution Confirming An Appointment To The Firefighters' And Police Officers' Civil Service Commission (Council Bill #297) (4) Resolution Appointing/Reappointing Two Members To Serve On The Wichita Appraisal District Board Of Directors (Council Bill #298) 11 . 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