Loading...
Min 09/15/1998 282 Wichita Falls, Texas Memorial Auditorium Building September 15, 1998 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present: Kay Yeager - Mayor Don Johnston - Councilors Angus Thompson - Bill Altman - Johnny Burns - Bud Beaty James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Dan Shine - Absent Mayor Yeager called the meeting to order. Invocation was given by Reverend John Paul Jones, Unity Missionary Baptist Church. Item 3 No one signed up to speak under Public Comments. Fire Chief Ronnie James expressed appreciation to the United Regional Health Care Foundation for the donation of 15 automated external defibrillators, which were put into service and have been used with thirteen patients. This is another example of the cooperation between the City and the private sector to provide the best most crucial municipal services at the lowest cost to the taxpayers. Mayor Yeager expressed appreciation to the United Regional Health Care Foundation for their donation which enhanced the Fire Department's equipment. Mayor commended the firefighters who very quickly learned to use the equipment. Mayor presented special life saving awards to Lt. Danny Kock, FEO Rick Walden, and Fire Fighter Virgil Duffy. Leah Jones the patient involved in the first life saving incident using a defibrillator was present. Mayor proclaimed September 17-23, 1998 as "Constitution Week" in Wichita Falls honoring the celebration of the 2111h anniversary of the signing of the Constitution. Mayor urged citizens to reflect on the many benefits of our Constitution and the privileges and responsibilities of our American citizenship. Mayor asked that Item 10a be taken out of order to be considered at this time. 283 Item 10a RESOLUTION NO. 140-98 RESOLUTION NAMING THE CIRCLE ON MARTIN BLVD MILDRED WILKERSON STALEY CIRCLE; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 140-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Mr. Joe Staley, Mrs. Wilkerson's son, was present and expressed appreciation for honoring his mother by naming the circle after such a grand lady. Item 4. The Minutes were approved as corrected. City Manager gave a briefing on the items listed under the Consent Agenda. Items 5a-6b Moved by Councilor Beaty that the consent agenda be approved. row Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Mayor noted a correction in item 5a. Item 5a RESOLUTION NO. 137-98 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WORK SERVICES CORPORATION FOR SERVICES PROVIDED BY VOCATIONALLY HANDICAPPED PERSONS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 5b RESOLUTION NO. 138-98 RESOLUTION GRANTING EASEMENT AND RIGHT-OF-WAY TO T.U. ELECTRIC TO RELOCATE LINES FOR THE PLUM CREEK FLOOD CONTROL PROJECT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 284 Item 5c RESOLUTION NO. 139-98 RESOLUTION TO AWARD BID AND CONTRACT FOR 1998 ALLEY REHABILITATION PROJECT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Item 6a Minutes of the meeting of the following boards were received: a. Helen Farabee Center Board of Trustees - July 27, 1998. b. Board of Adjustment - July 15, 1998. Item 7a A public hearing was held on the application from Jody Wade, Prezo, Inc. DBA, Presidential for a taxicab service franchise Mayor declared the public hearing open. Mr. Robert Powers explained the requirements under the Code for obtaining a franchise. Mr. Jody Wade, applicant, stated that their taxi cab company has been operated separately from their Presidential Limo Service, however, the taxi cab company is no longer in existence of doing any operations or conducting any type of business. During that time we provided a good taxi cab company and it was a good image maker for the City. Request authorization under a new company to operate our taxi cab service and continue to offer the good quality service we have. Mayor called for additional comment. There being none, Mayor declared the public hearing closed. Item 7b A public hearing was held on the application from Terry L. Baker, DBA Prime Time Limo for a special service vehicle franchise. Mayor declared the public hearing open. Mr. Terry L. Baker, applicant, stated that there is still a need for a limousine service here in town and he felt that he could fill that service. He plans to work out of his home where he has an office. He has not located a vehicle yet because it depends on today's outcome. He would like to be a representative to meet the needs here in Wichita Falls and he has contacted local businesses who expressed a need for this service. Mayor called for additional comment. There being none, Mayor declared the public hearing closed. Item 7c A public hearing was held on the 1998-1999 preliminary budget. Mayor declared the public hearing open. Mayor stated that this is the second public hearing required by State law prior to adoption of the budget. Mayor added that Council had agreed to maintain the same tax rate as last year which is 0.512838 cents per $100 valuation, and the proposed budget was based on that. We are happy not to raise the tax rate, which is the same as the current year, reflecting the 16 cents per $100 valuation decrease that was predicated by the sales tax passed a year ago. We are proud to have been able to decrease the tax by that percentage and to maintain that decrease this year. 285 Item 7c cont'd. Mayor called for additional comment. There being none, Mayor declared the public hearing closed. Item 8a City Manager explained that there is an item that appropriates money for Community Action Corporation to be used by the Neighborhood Action Groups for operation of several community centers. Since Councilor Thompson is Executive Director of the Community Action Corporation, the line item for funding to CAC for the Neighborhood Action Groups must be voted on separately, with his abstention, in order to allow him to vote on the rest of the budget. Councilor Thompson stated, for the record, that he would not participate in the discussion of this item nor would he would take action. Moved by Councilor Johnston to approve the appropriation of $11,000 in general funds for the Community Action Corporation to be used by the Neighborhood Action Groups for operation of various community centers. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Altman, Burns, and Beaty Nays: None Abstention: Councilor Thompson Item 8b ORDINANCE NO. 75-98 ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999. Moved by Councilor Altman that Ordinance No. 75-98 be passed. Motion seconded by Councilor Johnston. City Manager explained the budget process, and mentioned the items that Council wanted to see funded under this budget which were agreed to at the last budget session. He informed Council of the funding mechanism to accommodate these items. Council discussed at length the proposed salary increases, the pros and cons of a 3% across the board vs. 2.5% across the board and a .5% additional for those hard to hire and retain classifications. After presentations by Mrs. Jan Stricklin and various suggestions by Council, it was decided that a percentage less than 3%, after deducting the $42,000 for the hard to hire and retain classifications, be given across the board. That $42,000 allows an additional 2.5% to be allocated to each of those eight hard to hire and retain classifications. The proposed compromise consisted of taking out of the recommended 3%, approximately $42,000 for the eight hard to hire and retain classifications. That would enable the hard to hire and retain classifications to receive a 2.5% increase over and above the across the board. Then the rest of the money being divided would be a percentage less than 3 so that the hard to hire and retain classifications would get the same percentage as everybody else received plus an extra 2.5%. Councilor Burns noted as a matter of clarification that the $42,000 can be found in order to make up the 2.5% increase without lessening the 3%. Mrs. Stricklin agreed that she could find the $42,000 without decreasing the 3%. 286 Item 8b cont'd. Mayor suggested that in advance of next year's budget a Council worksession be held to discuss the entire pay plan with Mrs. Stricklin. Motion carried, with the 3% salary adjustments as stated above, by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None City Council recessed at 9:55 a.m. and reconvened at 10:20 a.m. Item 8c ORDINANCE NO. 76-98 ORDINANCE LEVYING, ASSESSING, AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE WICHITA FALLS MUNICIPAL GOVERNMENT AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE 1998-99 FISCAL YEAR; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Johnston that Ordinance No. 76-98 be passed. Motion seconded by Councilor Thompson. Mayor noted the following correction under Section 2 in the proposed ordinance: "names" corrected to read "named". Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 8d ORDINANCE NO. 77-98 ORDINANCE TO RESCIND ORDINANCE NO. 115-94 AND TO APPROVE WHOLESALE WATER RATES FOR CONTRACT WATER CUSTOMERS; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Johnston that Ordinance No. 77-98 be passed. Motion seconded by Councilor Burns. Mayor noted that new rates go into effect during the first full billing cycle after October 1, 1998. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None 287 Item 8e ORDINANCE NO. 78-98 ORDINANCE TO AMEND SECTION 32-57 OF THE CODE OF ORDINANCES TO ADJUST SEWER RATES FOR RETAIL CUSTOMERS; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Ordinance No. 78-98 be passed. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 8f ORDINANCE NO. 79-98 ORDINANCE TO AMEND SECTION 32-20 OF THE CODE OF ORDINANCES TO ADJUST TREATED AND RAW WATER RATES FOR RETAIL CUSTOMERS; 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. 79-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 9a ORDINANCE NO. 80-98 AN ORDINANCE APPROPRIATING MONEY RECEIVED FROM THE U.S. JUSTICE DEPARTMENT TO FUND THE WEED AND SEED PROGRAM; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Ordinance No. 80-98 be passed. Motion seconded by Councilor Johnston. Brenda Jarrett, Program Administrator of PEOPLE Weed & Seed, stated that collaborating with Chief Schlieper and the partnership with the Chief has been successful. The Community Policing is very successful, and we have applied for bike patrol funding. Mrs. Jarrett mentioned the various projects on which they are working. Chief Schlieper expressed appreciation to Mrs. Jarrett for her efforts and support of the Police Department in these projects. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None 288 Item 9b ORDINANCE NO. 81-98 AUTHORIZING A FRANCHISE FOR SPECIAL SERVICE VEHICLES TO TERRY L. BAKER, DBA, PRIME TIME LIMO; DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Johnston that Ordinance No. 81-98 be passed. Motion seconded by Councilor Thompson. Mr. Terry Baker stated that there was not another limousine service in the City and he wished to fill that gap. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 9c A proposed ordinance was presented authorizing a franchise for taxicab service to Prezo, inc. DBA, Presidential. Moved by Councilor Burns that proposed ordinance be passed. Motion seconded by Councilor Thompson. Councilor Altman asked for an explanation of what happened to the Presidential Taxi Cab franchise and how the new organization was started. Mr. Jody Wade informed that Presidential Limo of Texas, Inc. was the main controller and at that time the cab company was under that company. We made an agreement before filing any bankruptcy action to return all equipment to the lending institutions where they were not involved in any type bankruptcy proceedings. Prezo, Inc. was a corporation formed in early 1997 and has been in the taxi cab business. What we are doing today is that the cab service is being operated by Prezo, Inc. under the owner-operator agreement, and we are asking for Prezo to be approved for the franchise and Presidential be taken out. Presidential Limousines of Texas, Inc. has no existing operating assets. Mayor asked how he had been operating for a year as a taxicab business under Prezo without a franchise. Mr. Wade replied that he was not necessarily saying Wichita Falls; Prezo, Inc. is at our Abilene office. Councilor Altman asked him if he was or was not operating in Wichita Falls. Mr. Wade explained that it was not during that period; May 11 is when we came into an owner-operator agreement to pay Presidential Limousine of Texas, Inc. an operating fee for those permits. Councilor Altman asked if the City had approved that. City Attorney replied that we did not know about it. There is a technicality in the Ordinance which defines owner-operator as an owner of a taxi cab who contracts with the franchise holder to provide taxi service. Apparently, what Mr. Wade is saying is that Prezo, owner of the vehicles contracted with the franchise holder which is Presidential Limousines of Texas, Inc. to provide taxi service, which technically does meet the definition of owner-operator under our Ordinance. But we did not know about it until a few weeks ago. Councilor Altman asked if the definition was broad enough to include a corporation as owner-operator? City Attorney replied that you could argue that point. Councilor Altman asked Mr. Wade if he told the City he was doing this when he started doing it. Mr. Wade replied that under the owner-operator it is a known fact of how it operates, and I am not sure of all the regulations and there are some legal questions that are above my head, but my attorney is here to answer. Councilor Altman said that this may be relevant to the fact that it would allow somebody to avoid or evade the intent of the Ordinance. Because we normally think that an owner-operator is an individual who purchases a car and turns it into a taxi cab by leasing it to a taxi cab company and that is what the common perception is. It is not intended for a 289 Item 9c cont'd. corporation to come in from out of town and lease their cabs to a franchise operator. If the Ordinance can be interpreted that way then I think we need to look at the Ordinance to make clear that does not happen. You may have followed the letter of the law but you got around the intent of the Ordinance. Mayor stated that she wanted to be certain that we are in no way interfering with the bankruptcy, process. Mr. John Leonard, Attorney for Mr. Wade, informed that originally the case was filed as a Chapter 11 because we were trying to determine if there were value in the remaining assets of the corporation, major thing being the franchise. We had to operate the franchise through Prezo, Inc. because Prezo, Inc. had the ownership of the vehicles which were financed by Ralph Morgan. However, with the amount of debt involved we cannot make a meaningful return from the operations of Prezo, Inc. The case has been converted to Chapter 7 and there is no asset that is in existence that can be transferred because the franchise agreement is one that cannot be assumed and assigned. We have tried to get it valued and there is one year left on the franchise agreement in the name of Presidential, which shows no value to be transferred so we do not see that there is any violation that is occurring at this time. City Attorney concurred with Councilor Altman's statement with the definition of owner- operator. We on the Taxi Oversight Committee did not envision the definition having the application shown this morning. That language needs to be tightened. Also, as a matter of procedure you may want to table consideration granting of this franchise until such time as you take up the item revoking the existing franchise. The reason for this is that our Ordinance prohibits having more than one franchise at a time. Councilor Altman asked if the franchise is granted at this time and we amend the Ordinance to prevent what has happened, do we run into a problem if Mr. Wade wants to do this in the future since his franchise was granted under the old Ordinance? Councilor Altman felt that Mr. Wade would have a legal argument. He suggested waiting a couple of weeks, amending the Ordinance, then granting the franchise. Mr. Leonard mentioned that when the case went to Chapter 7 there would not be any open operating company with a franchise, it would be closed, and that is my concern. The motion has been sent out and it is an automatic Chapter 7. Councilor Altman asked Mr. Wade if he would agree in writing to a document prepared by our City Attorney that would state that if we amend the Ordinance that he would abide by the amended Ordinance and not claim the prior Ordinance. Mr. Wade agreed. Moved by Councilor Johnston that proposed ordinance be tabled. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 9d A proposed ordinance was presented revoking the franchise for taxicab service from Presidential Limousines of Texas, Inc. Moved by Councilor Johnston that proposed ordinance be passed. Motion seconded by Councilor Beaty. Mr. Robert Powers pointed out that the way the proposed ordinance is drafted it would be effective December 31 1998 and in light of the fact that the City Ordinance prohibits two franchises by the same person, that date would need to change or Mr. Wade would have to change his plans as to the effective date Prezo would come into operation. The purpose of dating the proposed ordinance December 31, 1998 is because Prezo was operating under the owner-operator clause, as they interpreted it, and they would continue under that arrangement until the end of the year. At the end of the year is when we license vehicles for the following year, and both franchises are using the same vehicles and those vehicles would have to be licensed for the remainder of this year and also licensed again for next year. In light of the fact 290 Item 9d cont'd. that one person cannot hold two franchises and the way it was presented, it is not going to work. Councilor Altman asked Mr. Wade if he understood what was happening. There are going to be two inspections because those vehicles need to be inspected before they can be put on the street as Prezo cabs. Councilor Altman suggested tabling this item until later in this meeting and allow City Attorney, Mr. Wade and Mr. Leonard to discuss this for a possible solution. Moved by Councilor Altman to table this item. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 10b RESOLUTION NO. 141-98 RESOLUTION TO APPROVE CHANGE ORDER NO. 1 FOR THE 1998 STREET RESURFACING PROJECT; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 141-98 be passed. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 10c RESOLUTION NO. 142-98 RESOLUTION APPROVING RENEWAL AND EXTENSION OF CONTRACT FOR OPERATION AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS BY THE CITY OF WICHITA FALLS AND WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Johnston that Resolution No. 142-98 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 10d RESOLUTION NO. 143-98 RESOLUTION APPROVING THE TRANSFER OF THE CITY'S AIRPORT AND AIRWAYS IMPROVEMENT ACT OF 1982 ENTITLEMENT FUNDS, IN THE AMOUNT OF $383,697 TO THE 291 Item 10d cont'd. STATE OF TEXAS, TXDOT, DEPARTMENT OF AVIATION; $300,000 TO BE USED FOR A STATE SPONSORED STUDY AND $83,697 TO BE USED FOR PAPI PROJECTS AT GRAHAM AND DECATUR; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 143-98 be passed. Motion seconded by Councilor Johnston. Councilor Altman asked which figure was correct, $363,697 in the Agenda or $383,697 in the Resolution? Mr. Robert Parker replied that it was the $383,697. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 10e RESOLUTION NO. 144-98 RESOLUTION AUTHORIZING THE PURCHASE OF SEVEN (7) EACH AUTOMATED SIDE LOAD REFUSE COLLECTION BODIES, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM, FROM HEIL ENVIRONMENTAL INDUSTRIES, LTD., IN THE AMOUNT OF $404,123.65; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Thompson that Resolution No. 144-98 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 11 a Moved by Councilor Johnston to award bid to Bruckner's Truck Sales, Wichita Falls, in the amount of$327,956.00 for the purchase of four (4) each 58,000 GVW Cab & Chassis. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 9d ORDINANCE NO.83-98 A PROPOSED ORDINANCE WAS PRESENTED REVOKING THE FRANCHISE FOR TAXICAB SERVICE FROM PRESIDENTIAL LIMOUSINES OF TEXAS, INC. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS 292 Item 9d cont'd. OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Altman to move from the table Council Bill No. 238, relating to the request to revoke the taxicab franchise for Presidential Limousines of Texas, Inc. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Councilor Altman informed that the compromise which has been agreed to by Mr. Wade will essentially allow him to cancel the franchise effective thirty days from today, and if Council authorizes a new franchise, it would go into effect thirty days from today. It would have the ultimate effect of having the cabs inspected this year for the current year and additionally for next year. So there would be an additional fee, but it has been determined that is the least expensive route to go. Mr. Wade agreed. Moved by Councilor Altman to amend proposed ordinance by deleting Section 2 and renaming Section 3 as Section 2. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Motion on the proposed ordinance as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Item 9c ORDINANCE NO.82-98 A PROPOSED ORDINANCE WAS PRESENTED AUTHORIZING A FRANCHISE FOR TAXICAB SERVICE TO PREZO, INC. DBA, PRESIDENTIAL, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston to move from the table Council Bill No. 237, relating to the application for a taxicab franchise to Prezo, Inc. Motion seconded by Councilor Burns and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None Motion on the proposed ordinance carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Thompson, Altman, Burns, and Beaty Nays: None 293 Item 12a Councilor Thompson requested that Lake Kemp be discussed in the future. City Manager informed that we are still gathering information, but we will come back to the Council with an update. City Attorney mentioned that we have sent out notices to the Waggoner Estate as requested, but have not had any kind of response. Councilor Thompson mentioned that the request to name a park or street after Louis Esquibel be reconsidered before the end of this year. Councilor Thompson requested another downtown tour sometime in the spring. Councilor Thompson stated that this was his last budget to work on and he hoped that next year Council will consider looking at raising the salaries of those who are so far behind and look at a way to make adjustments to bring them up where they need to be. Our remuneration to them comes up lacking. Councilor Altman expressed a concern about the articles in the newspaper related to the Hotter'N Hell and the three day minimum stay requirement at one of the hotels. My concern is that I need more information. He invited the particular hotel operators to come before Council and inform the public as to what they are doing so we can clear the air on some of the confusion that seems to exist. He would like for the hotel operators to have an opportunity to explain their position. Councilor Beaty reported on his first town hall meeting and thanked those who attended. Councilor Johnston asked for a report on the voluntary water rationing. Mr. David Lehfeldt expressed appreciation to the citizens for their cooperation in volunteering to ration water. The results have been a drastic reduction in the amount of water used. Mr. Lehfeldt also thanked the employees for all their hard work. He asked Council to lift the voluntary water restrictions. Mayor informed that the Texas/Oklahoma Fair opens tonight at MPEC Mayor referred to the hotel operators and informed that there was a meeting with the particular hotel manager, and basically we do not concur with that move, however, it is free enterprise and it was a business decision on his part. He made a statement to the media last week but if he wants to come before the Council and talk about it again, he is invited to do so. There is only one hotel/motel that has that minimal stay requirement and Hotter'N Hell is not being singled out. It is not an uncommon practice. Councilor Altman said he realized that, but there were some people who expressed a concern about this and he just wanted to give the hotel people an opportunity to discuss that subject with the public. Item 12b City Manager commented that the Hotter'N Hell representatives were present at the meeting regarding the hotel operators, and they appeared to have it worked out. Item 12c The City Council went into Executive Session at 11:45 a.m. as authorized by Section 551.074 of the Government Code and Section 551.071 of the Texas Government Code, and reconvened at 3:35 p.m. Councilor Johnston was not in attendance. Item 12d(1) No appointments were made to the Board of Adjustments because there were no applicants. Mayor asked that interested citizens contact the City Manager's Office. 294 Item 12d(2) No appointments were made to the Board of Electrical Examiners. Item 12d(3) Moved by Councilor Altman that Mrs. Irene Lambert, Ms. Andrea Williams, and Mrs. Ruth Jones be appointed to the Library Advisory Board to replace Jessie M. Stewart, Gloria Taylor and Martha W. Allensworth. Terms to expire June 30, 2001. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Shine, Thompson, Altman, Burns, and Beaty Nays: None Moved by Councilor Burns that Dr. James Snowden be appointed as Chair of the Library Advisory Board. Motion seconded by Councilor Altman and carried by the following vote. Ayes: Mayor Yeager, Councilors Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 12d(4) Mayor reappointed Councilor Bud Beaty to the Aviation Advisory Board with term to expire December 31, 2001, with concurrence of the rest of the Council. Mayor appointed Mr. Bobby Lloyd to the Aviation Advisory Board to serve as member at-large with term to expire December 31, 2001, with concurrence of the rest of the Council. Mayor informed there was one more vacancy on the Aviation Advisory Board and asked interested persons to submit their application through the City Manager's Office. Item 12d(5) Moved by Councilor Burns that Mrs. Elizabeth Martin and Mr. Frederick B. Stangl be reappointed to the Water Resources Commission. Terms to expire September 30, 2000. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 12d(6) No appointments were made to the Arts Commission. Mayor stated that appointments would be made at the October 6, 1998 Council meeting. Item 12d(7) No appointments were made to the MHMR Public Responsibility Committee. Mayor stated that appointments would be made at the October 6, 1998 Council meeting. 295 The City Council adjourned at 3:45 p.m. PASSED AND APPROVED this day of , 1998• KAT RYN A. YEA ER MAYOR ATTEST: Lydia Torres City Clerk 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 on Tuesday, September 15, 1998 beginning at 8:30 a.m. City Council: Mayor Kay Yeager - Councilors Angus Thompson, Bud Beaty, William Altman, Don Johnston, Johnny Burns and Dan Shine 1 . Call to Order. 2. Invocation: The Reverend John Paul Jones Unity Missionary Baptist Church 3. Comments from the public to members of the City Council on items which are not on the City Council Agenda. (The Regular Agenda will begin upon completion of public comments, or no later than 9:00 a.m. Individuals who prior to this Council meeting signed up to speak, but could not be heard before 9:00 a.m. due to time constraints, may speak at the conclusion of the meeting.) 4. Approval of Minutes CONSENT AGENDA 5. Resolutions: a. Resolution Authorizing The City Manager To Execute A Contract With Work Services Corporation For Services Provided By Vocationally Handicapped Persons. (City Council Bill #227) b. Resolution Granting Easement And Right-Of-Way To T. U. Electric To Relocate Lines For The Plum Creek Flood Control Project. (City Council Bill #228) c. Resolution To Award Bid And Contract For 1998 Alley Rehabilitation Project. (City Council Bill #229) 6. Receive Minutes: a. Helen Farabee Center Board of Trustees - July 27, 1998 City Council Agenda Tuesday, September 15, 1998 Page 2 b. Board of Adjustment - July 15, 1998 REGULAR AGENDA 7. Public Hearings: a. Public Hearing Regarding Authorizing a Franchise for Taxicab Service to Prezo, Inc. dba, Presidential. b. Public Hearing To Consider a Franchise for Special Service Vehicles to Terry L. Baker, dba, Prime Time Limo. c. Public Hearing on the 1998-99 Preliminary Budget. 8. Budget Adoption a. Motion On Line Item Within The Proposed 1998-1999 Budget On Which A Member Of The City Council Has A Conflict Of Interest. b. Ordinance Making Appropriations For The Support, Maintenance, Buildings And Improvements For The City Of Wichita Falls For The Fiscal Year Beginning October 1 , 1998 And Ending September 30, 1999. (City Council Bill #230) c. Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And Support Of The Wichita Falls Municipal Government And Providing For The Interest And Sinking Fund For The 1998-99 Fiscal Year. (City Council Bill #231) d. Ordinance To Rescind Ordinance No. 115-94 And To Approve Wholesale Water Rates For Contract Water Customers. (City Council Bill #232) e. Ordinance To Amend Section 32-57 Of The Code Of Ordinances To Adjust Sewer Rates For Retail Customers. (City Council Bill #233) f. Ordinance to amend Section 32-20 of the Code of Ordinances to adjust treated and raw water rates for retail customers. (City Council Bill #234) 9. Ordinances: a. An Ordinance Appropriating $220,074 Received From the U.S. Justice Department to Fund the Weed and Seed Program. (City Council Bill #235) City Council Agenda Tuesday, September 15, 1998 Page 3 b. Ordinance Authorizing a Franchise for Special Service Vehicles to Terry L. Baker, dba Prime Time Limo. (City Council Bill #236) c. Ordinance Authorizing a Franchise for Taxicab Service to Prezo, Inc. dba, Presidential. (City Council Bill #237) d. Ordinance Revoking the Franchise for Taxicab Service from Presidential Limousines of Texas, Inc. (City Council Bill #238) 10. Resolutions: a. Resolution Naming The Circle On Martin Blvd. The Mildred Wilkerson Staley Circle. (City Council Bill #239) b. Resolution To Approve Change Order No. 1 For The 1998 Street Resurfacing Project. (City Council Bill #240) c. Resolution Approving Renewal And Extension Of Contract For Operation And Maintenance Of Jointly Owned Lake And Canal Systems By The City Of Wichita Falls And Wichita County Water Improvement District No. 2. (City Council Bill #241 ) d. Resolution Approving The Transfer Of The City's Airport And Airways Improvement Act Of 1982 Entitlement Funds, Totaling $363,697 To The Texas Department Of Transportation, Aviation Division. (City Council Bill #242) e. Resolution Authorizing The Purchase Of Seven (7) Each Automated Side Load Refuse Collection Bodies, Through The Houston-Galveston Area Council Of Governments Cooperative Purchasing Program, From Heil Environmental Industries, LTD., In The Amount Of $404,123.65. (City Council Bill #243) 11 . Award of Bids: a. Award of bid for the purchase of four (4) each 58,000 GVW cab & chassis to Bruckner's Truck Sales, in the amount of $327,956.00. 12. Other Council Matters: City Council Agenda Tuesday, September 15, 1998 Page 4 a. Discussion of items of concern to members of the City Council. b. Staff/Council discussion. c. Executive Session: (1) Consider Qualifications of possible appointees to the Board of Adjustment as authorized by Section 551.074 of the Texas Government Code. (2) Consider Qualifications of possible appointees to the Board of Electrical Examiners as authorized by Section 551 .074 of the Texas Government Code. (3) Annual Evaluation: City Council Appointees as Authorized by Section 551 .074 of Texas Government Code. d. Appointments to Boards & Commissions (1) Board of Adjustment (2) Board of Electrical Examiners (3) Library Advisory Board (4) Aviation Advisory Board (5) Water Resources Commission (6) Arts Commission (7) MHMR Public Responsibility Committee 13. Adjourn. Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces, ramp and elevator located off the east parking lot on 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 19 at o'clock (a.m.)(p.m.) City Clerk