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Min 02/16/1999 389 Wichita Falls, Texas Memorial Auditorium Building February 16, 1999 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 Dan Shine - Angus Thompson - Bill Altman Johnny Burns - Bud Beaty James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Father Ivor Koch, Sacred Heart Catholic Church. Item 3 Mayor proclaimed Tuesday March 2, 1999 as "Taste of the Town Day" in Wichita Falls. Taste of the Town is sponsored by the North Texas Restaurant Association and the proceeds are donated back to the community through the services of the American Red Cross of North Central Texas. Item 4 Christen Crawford, 6310 Old Lake Road, has a pot belly pig within the City limits and realizes she is in violation of the City Ordinance which addresses pot belly pigs and is requesting a waiver. She stated that the waiver would be for this animal alone. She informed Council that she has signatures from her neighbors stating that they do not object to her keeping the pig. Mayor stated that this would be referred to the Legal and Health Departments for their opinion. Rev. R.D. Sanders, 5537 Lucky Lane, Pastor of the Anderson Chapel AME, 112 Roosevelt, stated that at a previous Council meeting he had asked some questions regarding the dismissal of Chief Schlieper and they have not been answered. He is saddened by the City Manager's decision. He submitted a petition with 408 signatures of citizens throughout the community requesting a thorough and complete investigation into the decision made by the City Manager. We believe the firing of Chief Schlieper was an error and it was an unjust decision, and an investigation is needed. Item 5 The Minutes were approved as distributed. City Manager gave a briefing on the items listed under the Consent Agenda. 390 Items 6a-6b Moved by Councilor Johnston that the consent agenda be approved. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 6a RESOLUTION NO. 11-99 RESOLUTION TO ACCEPT THE 1998 CDBG MILL AND OVERLAY PROJECT AND AUTHORIZE FINAL PAYMENT TO MAC PAVING; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION NO. 12-99 RESOLUTION TO ACCEPT THE 1996-97 BUDGET UTILITY IMPROVEMENTS PROJECT AND AUTHORIZE FINAL PAYMENT TO STARKS CONSTRUCTION COMPANY, INC.; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7g Minutes of the following Boards & Commission meetings were received. a. Helen Farabee Regional MHMR Centers, December 3, 1998 b. Library Advisory Board, December 8, 1998 c. Park Board, December 10, 1998 d. Wichita Falls Economic Development Corporation, December 17, 1998 e. Traffic Safety Commission, January 6, 1999 f. Board of Electrical Examiners, January 14, 1999 g. Board of Adjustment, January 20, 1999 Item 8a A public hearing was held to receive comments on an amendment to the taxicab service franchise granted to All American Cab Company to increase the number of vehicles authorized. Mayor declared the public hearing open. Mr. Robert Powers presented the request from All American Cab Company to increase the number of vehicles by five. He presented information on both taxicab franchises, All American Cab Company and Prezo, Inc. Mr. Powers informed Council of the process used resulting in the Taxicab Oversight Committee's recommendation of allowing All American Cab Company two additional vehicles. Jody Wade, #4 Wimberly Terrace, owner of Prezo, Inc., objected to the request for .,b.� additional vehicles and provided his reasons for the objection. He referred to the Council's 1996 decision not to allow him additional vehicles. At that time, Council decided that 40 cabs were enough cabs for the City of Wichita Falls. He stated that the consequence of that decision forced Presidential to negotiate a buy/sell agreement with AAA Falls Cab Company, eventually forcing Presidential to purchase that company in order to obtain more permits. He gave a comparison of the number of cabs in cities comparable to Wichita Falls. Mr. Wade questioned the survey used by Staff to make their recommendation for additional vehicles. He felt with the additional cabs he is going to put into operation should be 391 Item 8a continued sufficient to meet the needs of the citizens and decrease response time. He requested that Council deny this request. Several questions were asked of Mr. Wade in regards to the number of cabs previously in operation, and the sudden increase of cabs he has put out on the street. To which he responded that he had about twenty three cabs in operation, and that the reason for the increase in cabs was not because of his competitor's request for additional cabs. He added that he has more cabs than permits and will be able to keep his cab capacity at twenty-five even with three or four vehicles wrecked. Concern was expressed by several Councilors that both companies were not present at the Committee meeting where both sides could have been heard and then a recommendation brought to Council. Mr. Claudio Ramirez, Jr., 2401 McNiel, Manager All American Cab Company, gave a history of their cab company and stated that they are here to serve the public, not to have a big company. Their concern was the response time and the statistics Jody Wade provided are from 1996; we are in 1999 and our recommendation is a necessity in order to better serve the public. We will work with the Committee's recommendation to allow us two cabs instead of five. Mayor called for additional comments. There being none, the Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 11-99 ORDINANCE AMENDING THE TAXICAB SERVICE FRANCHISE GRANTED TO ALL AMERICAN CAB COMPANY TO INCREASE THE NUMBER OF VEHICLES AUTHORIZED; 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. 11-99 be passed. Motion seconded by Councilor Johnston. Mr. Parker explained the reasons for his recommendation of two additional cabs and the survey procedure. He informed that Wichita Falls is the only City that regulates the number of cabs; the other cities let the market regulate the number of cabs. He added that Lawton has over two-hundred cabs permitted. It was noted that each cab company develops their own clientele, therefore, the delay on the other company is not relevant. City Manager commented that there was a concern about not having both companies represented at the Taxi Oversight Committee meeting, but he felt all that would lead to would be what we are having right now. It is not going to lead to a resolution based on any particular approach as to what is the right number; it is going to lead to the company that asked for the permits being opposed by the company that did not. I think you are better served by having the staff make the independent look, talk to the person making the request, and bring a recommendation. The second half is going to be played out here like it is today. If both companies are represented we are going to end up with a debate. Motion carried by the following vote. Ayes: Mayor Yeager, Councilors Thompson, Altman, and Burns, Nays: Councilors Johnston, Shine, and Beaty 392 Item 9b ORDINANCE NO. 12-99 ORDINANCE APPROPRIATING FUNDS FROM SPECIAL REVENUE FUNDS FOR THE ACQUISITION OF LAND FOR LINEAR PARK CONNECTING WILLIAMS AND O'REILLY PARKS; 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. 12-99 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 9c ORDINANCE NO.13-99 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; 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 that Ordinance No. 13-99 be passed. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 10a A proposed resolution was presented approving the assignment of the non- annexation contract with General Motors Corporation to Delphi Automotive Systems, L.L.C. Moved by Councilor Thompson that proposed resolution be passed. Motion seconded by Councilor Shine. Several inconsistencies were noted by Council and it was suggested that this be tabled until they are cleared up. Moved b Councilor Altman that Y proposed resolution be tabled. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 393 Item 10b RESOLUTION NO. 13-99 RESOLUTION ADOPTING CONTRACT TERMS AND CONDITIONS FOR UTILITY COLLECTION SERVICES FROM REMOTE LOCATIONS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR SUCH SERVICES; 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. 13-99 be passed. Motion seconded by Councilor Beaty. Mr. Jim Dockery explained the new procedure. In response to Council concerns, Mr. Dockery will look into company and employee bonding. Councilor Beaty asked about the use of the word "for" in Section Il.c. of the contract. Mayor suggested using the word "per" in place of"for". That Section would read: "To allow the Agent to display four (4) signs per location informing City Utility Customers that the Agent is authorized to accept payments for the customer's convenience." Moved by Councilor Altman to amend Section I.j. by adding the phrase "the Agent and all Agent employees" after the word 'covering'. That Section would read: "To maintain bonding covering the Agent and all Agent employees from an insurance provided acceptable to the City in the minimum amount of$250,000." Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None The original motion as amended carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 10c RESOLUTION NO. 14-99 RESOLUTION APPROVING AN AMENDMENT TO THE FY 1998-99 BUDGET OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION IN THE AMOUNT OF $30,000 FOR PROFESSIONAL SERVICES; 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. 14-99 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 394 Item 10d RESOLUTION NO.15-99 RESOLUTION DECLARING THE VACANT LOT AT 2304 AVENUE J AS EXCESS; APPROVING THE SALE OF THE CITY'S INTEREST, AND AUTHORIZING THE MAYOR TO EXECUTE THE SPECIAL WARRANTY DEEDS; FINDING AND 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. 15-99 be passed. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Item 10e RESOLUTION NO. 16-99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING A RIGHT OF THE PUBLIC TO PETITION REGARDING THE LOCATION OF CHILDREN'S MATERIALS IN THE WICHITA FALLS PUBLIC LIBRARY; 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. 16-99 be passed. Motion seconded by Councilor Beaty. City Council recessed at 9:55 a.m. and reconvened at 10:10 a.m. Council continued with Item 10e. Resolution No.16-99 was considered. Mayor invoked a three minute time limit per speaker on public comments, and asked that remarks be confined to the proposed resolution. Councilor Shine asked for one hour time limit on the entire discussion of the resolution. Mayor stated that public discussion will be limited to one hour and at the end of that hour if there are people remaining who wish to be heard, Council will reconsider the one hour time limit. Mayor called, as a special privilege, Mr. Jim Bracket who is representing the Library Advisory Board. Mr. Bracket read a letter signed by the Library Advisory Board, a copy of which is attached hereto as Exhibit A. In response to the letter Councilor Altman made the following remarks. He stated that the letter noted he was not in attendance at the December and January meetings, however, he had asked Councilor Beaty to attend the January meeting on his behalf and he was present; Councilor Thompson was also in attendance. He asked if any questions were asked of them with regard to that statement. Mr. Bracket replied that they just discussed the resolutions and the main topic of discussion was their position as a Board. Councilor Altman stated that he had not been notified of the February 9 Board meeting. Since the Ordinance creating the Library Advisory Board makes the Council member a 395 Item 10e continued member of that board, and he was not notified, there is some question as to whether that meeting was properly called. In addition, one of the members who signed the letter read by Mr. Bracket was not at the meeting and stated to Councilor Altman that she signed it under duress. Numerous persons spoke for and against the proposed resolution. Motion carried by the following vote. Ayes: Councilors Johnston, Thompson, Altman, and Beaty Nays: Mayor Yeager, Councilors Shine and Burns Item 11 a Moved by Councilor Thompson that the bid for the Police Department's annual towing requirements be awarded to Big Daddy's Wrecker Service in the amount of $76,825.00. Motion seconded by Councilor Beaty. City Council recessed at 11:20 a.m. and reconvened at 11:35 a.m. Council continued with Item 11 a. The wrecker service bids were discussed at length. Mrs. Peggy Gahagan explained the bid process which was used and informed that bids were received from Collins Motor Company, Big Daddy's Wrecker Service and Donnie's Wrecker. The low bidder, Collins Motor Company failed to complete all of the price blanks on the form and their bid was rejected. The second low bidder was Big Daddy's Wrecker Service. Bids are tabulated and calculated upon weight factors submitted by the Police Department. Terms of the contract have been met by Big Daddy's Wrecker Service, except for the employee accident insurance, but that will be purchased at time of bid award. The term of this contract is different from the original contract and is a one year contract with two one year renewals. Mayor stated that Council had received a piece of information signed by several of the local car dealers requesting consideration of the rotational system. The wrecker service rotation system used four years ago, was discussed at length. It was noted that possibly the rotation system contract could be strengthened to make it work. Concern of accessibility to the impound yard was mentioned, and Acting Chief Borrego stated that this will be monitored. Another concern was the definition of equivalent insurance and that there is not an equivalent form of insurance that provides the same type of benefits as workers compensation. The question was raised as to what the contract actually provides. Gary Southard, 1101 Scott Street, Suite 17, is an attorney representing Collins Motor Company. He explained that an exhibit was attached to the bid package which did in fact have a zero entered, however, there was no figure entered on line 15 of the bid cover. Mr. Southard noted that, according to the terms and conditions of the bidders, the City may waive informalities or irregularities in the bid process, and asked that this be considered an irregularity. When nothing is put there, it is meant to be just that - nothing, zero. The intent of his client was to submit a zero bid on that item. Collins Motor Company is the lowest bidder, and has met all the requirements. Mr. Southard noted that a reduction to the insurance coverage was made on this bid and he felt it was not in the best interest of the citizens. He mentioned possible inadequate 396 Item 11 a continued insurance coverage in relation to the gross vehicle weight. For purposes of compliance, Mr. Southard asked that Council table this issue and let Staff, Interim Chief of Police and the wrecker people get together and take another look at this, and possibly restudy the entire wrecker issue. We ask that you consider the bid of Collins Motor Company as a valid bid and construe the fact that Item 15, which was left blank, as a zero because of the exhibit reflecting a zero. Therefore, we submit that Collins Motor Company would be and should be considered as the lowest responsible bid. If Council is not satisfied with this, we request that you table this issue and possibly set up a committee to study this issue further with recommendations of how to properly implement a fair and equitable wrecker system in this City. Mr. Bill Sullivan, Assistant City Attorney stated he was not comfortable accepting the filling in of a zero on a contract worksheet as making that bid a valid and complete bid in response to our request, even though it was required to be returned with the bid. It was on that basis that I rejected that bid as not being responsive or a complete bid. City Attorney stated that consistently throughout the years when there is a dollar amount on a bid that is not filled out, we have considered it incomplete and have rejected it. However, the Council can legally consider it to be an informality that can be waived, but the question is, should you. You would be changing a precedent, but there may be extenuating circumstances because of the attachment and the fact that the amount to be filled in was a zero rather than a dollar amount. But weighed against that factor is the fact that the other bidders did have dollar amounts in that column, so I do not think we can assume that a zero would have been bid. Council has the discretion of legally doing what Mr. Southard has requested. From a policy standpoint, you have to decide if you want to change what we have traditionally done over the years of not considering these kind of bids. Councilor Thompson brought up the point that in order to compile the final total, line 15 was assumed to be zero. The insurance issue was discussed. Mrs. Gahagan informed that TXDOT provided us with their wrecker insurance requirements, and she had someone who frequently consults with .. us on our insurance requirements review what we actually needed for the City and to meet State requirements. She informed that she had an insurance certificate in the amount of $750,000, combined single limit which is what is required for those vehicles. The term on the insurance is June 3, 1998 to June 3, 1999. Mr. Southard noted that the concern was not the combined single limit, but the bodily injury and accident coverage issue that was not covered by that certificate. There was inconsistency in the insurance coverage requirements submitted by Mrs. Gahagan and Mr. Southard. Donnie Melton, 3205 Windthorst Road, requested that if Council decides to go with the other service that they poll them on their service. Mr. Melton said that they had no complaints, they do not differ from their rates, and they comply with City requirements. In regards to the rotation system Mr. Melton stated that there was always some kind of problem with someone not showing up, and if Council decides to go with that system, major changes will need to be made. You cannot go strictly on price, service needs to be included. He suggested that this be studied very carefully and not in a hurry. He felt it was possible for a committee to draw up a rotation system that could work if proper safeguards are included. He recommended serious study on it, and suggested City officials, wrecker companies, and someone from the outside be included in that committee. Allen Palmatary, Al's Wrecking Service, stated that one of the problems was that we hurt people in the industry that had no chance to get the wrecks that they need to get, even though the Police Department says they call them. The rotation system brought to light that other people could tow cars. Another reason the rotation system did not work was that we could not get into the impound yard. He said that the police officers were monopolizing the wrecker service by telling the accident victims that they had a wrecker contractor and it was on the way. He also stated that last year the total wrecker companies did 3% of the wrecker service, everything else went to the contractor. Council has the power to regulate how much the wreckers services charge and that can be negotiated. 397 Item 11 a continued Kevin Collins, Collins Motor Company, 1654 Speedway, said that Mr. Southard had stated their point very clearly. He informed that he was the one who forgot to insert the zero on the bid form and it was a mistake. He stated that there have been a number of discrepancies in the way this contract has been bid and a number of generalities assumed in this contract. Mr. Collins stated concerns about equipment availability, vagueness of this contract, and lax enforcement polices. He suggested a contract that requires workers compensation and not an equivalent, company pre-qualification prior to bidding, appropriate insurance and certificates on file. Experience level should be taken into consideration and not just one area. Low ball price figures should not be the only consideration. He asked that Council study this at length. Kenneth Johnson, Attorney representing Collins Motor Company and other wrecker companies, stated that the only fair way to do this is to table this award and study this matter further and studied deeply because it is a difficult problem. Carlson Stewart, Big Daddy's Wrecker Service, 201 Scott, stated that he was the next lowest bidder and he has met all the contract requirements except for the insurance, and he will meet that. I have increased the combined single limit insurance to $1 million, which was a requirement on another contract I have. He gave his and his employees' certification and experience credentials. He provided information on his equipment. He requested that Council award him the contract. I have spent a great deal of money on this bid to bring everything up to speed and to meet all the requirements. In regards to the rotation system, Mr. Stewart thinks it will work but it will need some teeth in the contract so that everyone shows up and is on time. It has to be done appropriately. Moved by Councilor Johnston to table this item until a committee can be assigned to study this matter further and come up with a fair decision for everybody. Motion seconded by Councilor Beaty and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None At this time the Mayor requested that the Executive Session be taken out of order and considered at this time. Item 12c The City Council went into Executive Session at 1:15 p.m. as authorized by Section 551.074 of the Government Code, and reconvened at 2:12 p.m. Item 12d(1) Moved by Councilor Thompson that Mr. Cliff Berg be appointed to the Planning & Zoning Commission with term to expire May 31, 1999. Mr. Berg will replace Mr. Bill Franklin, Place 2. Mr. Ernest R. Vicars will move to Alternate 1 position, Place 10, previously held by Mr. Cliff Berg. Mr. Vicars' term will expire May 31, 2000. Alternate 2 position, Place 11, is now vacant. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None 398 Item 12d(2) Moved by Councilor Beaty that Mrs. Marjorie Tilford be appointed to the Clean Community Commission with term to expire December 31, 2000. Mrs. Tilford will replace Mrs. Francess Haughney, Place 2. Vacancies remain in Place 1 and Place 7. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Yeager, Councilors Johnston, Shine, Thompson, Altman, Burns, and Beaty Nays: None Mayor asked for additional applicants for the Planning & Zoning Commission and the Clean Community Commission. Item 12a Councilor Burns asked for an update on the housing development off Scottsdale Street. Mr. Steve Seese informed that he had met with the residents of that area and provided them with development information. Councilor Altman expressed appreciation to all who have been supportive of the Council during the difficult issues with which they have dealt. On a personal note, Councilor Altman expressed appreciation to his wife for her support. Councilor Thompson asked for an update on the Williams Park Pond problem. Mr. Jack Murphy gave an update on this situation and informed that they are looking into this and will submit a recommendation to the Council in a couple of weeks. Councilor Thompson requested that the championship basketball teams be recognized by the Council. Also, the Wichita Falls Coyotes are going to be in the playoffs and they need to be recognized. In regards to the library books, Councilor Thompson stated that if we speak what is uplifting, we can have a healing affect, and now that that issue is behind us he hopes that the only thing we will say is that we have the best Library in North Texas and the best Librarian and be supportive of that. He hopes we will all pull together and that we as citizens try to be the best neighbors we can be. Councilor Thompson was happy to see the young people here from Midwestern State University. Councilor Johnston stated that we have done a lot of soul searching and he thinks the healing process has begun. There is no division among the Council, and we just need to go forward. Mayor expressed appreciation to the NorCenTex Girls Scouts for the card sent to her. Mayor suggested that the Coyote Tennis team be recognized, and added that it would be good to recognize all the achievements and accomplishments of our City teams. Public Information Officer, Lynda Hillery will keep Council informed of this and make necessary preparations. Regarding the library books, Mayor commented that Council has discussed a very divisive issue in the community and among the Council. It is the challenge of this Council to provide the leadership among the Council and in this community to start getting the community back together, and for the Council to re-establish its focus in leading this community in a very progressive and forward manner. She hopes that they will all join her in this and that we can get back to the jobs at hand. 399 Item 12b Mr. Robert Parker reported on what citizens are to expect during the Overhead Project. Mr. Robert Powers reported on the Fire Stations Project. City Manager noted that they are reactivating the Police-Fire Training Center and will bring information to the Council at a later date. Acting Chief Manuel Borrego reported on the sirens. Acting Chief Borrego introduced the two new acting majors, Major Glen Smith, who is over Support Services and Major Greg Martin who is over Field Services. The City Council adjourned at 2:40 p.m. PASSED AND APPROVED this 2"d day of March , 1999. - 0Al KAT RYN A. YE=AGER MAYOR'/ ATTEST: Lydia Torres City Clerk �.w �,s,_�. 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, February 16, 1999 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: 3. Presentations: 4. 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.) 5. Approval of Minutes CONSENT AGENDA 6. Change Orders and Payment Approvals: a. Resolution To Accept The 1998 CDBG Mill And Overlay Project. (City Council Bill #25) b. Resolution To Accept The 1996-97 Budget Utility Improvements Project. (City Council Bill #26) 7. Receive Minutes: a. Helen Farabee Regional MHMR Centers - December 3, 1998 b. Library Advisory Board - December 8, 1998 7. Receive Minutes (cont'd): c. Park Board - December 10, 1998 City Council Agenda Tuesday, February 16, 1999 Page 2 d. Wichita Falls Economic Development Corporation - December 17, 1998 e. Traffic Safety Commission - January 6, 1999 f. Board of Electrical Examiners - January 14, 1999 g. Board of Adjustment - January 20, 1999 REGULAR AGENDA 8. Public Hearings: a. Public Hearing To Consider An Amendment To The Taxicab Service Franchise Granted to All American Cab Company To Increase The Number Of Vehicles Authorized. 9. Ordinances: a. Ordinance Amending The Taxicab Service Franchise Granted to All American Cab Company To Increase The Number Of Vehicles Authorized. (City Council Bill #27) b. Ordinance Appropriating Funds From Special Revenue Funds For The Acquisition Of Land For The CDBG Linear Sidewalk On The Wichita River. (City Council Bill #28) c. Ordinance Approving Rate Schedules For Texas Utilities Electric Company. (City Council Bill #29) 10. Resolutions: a. Resolution Approving The Assignment Of The Non- Annexation Contract With General Motors Corporation To Delphi Automotive Systems, L.L.C. (City Council Bill #30) b. Resolution Adopting Contract Terms And Conditions For Utility Collection Services From Remote Locations And Authorizing The City Manager To Enter Into Contracts For Such Services. (City Council Bill #31) c. Resolution Approving An Amendment To The FY 1998-99 Budget Of The Wichita Falls Economic Development Corporation In The Amount Of $30,000 For Professional Services. (City Council Bill #32) City Council Agenda Tuesday, February 16, 1999 Page 3 10. Resolutions (cont'd): d. Resolution Declaring The Vacant Lot At 2304 Avenue J As Excess; Approving The Sale Of The City's Interest, And Authorizing The Mayor To Execute The Special Warranty Deeds. (City Council Bill #33) e. Resolution Establishing A Right Of The Public To Petition Regarding The Location Of Children's Materials In The Wichita Falls Public Library. (City Council Bill #34) 11 . Award of Bids: a. Award Of Contract To Big Daddy's Wrecker Service For The Police Department Annual Towing Requirements. 12. Other Council Matters: 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 Planning & Zoning Commission As Authorized By Section 551.074 Of The Texas Government Code. d. Appointments to Boards & Commissions (1) Planning & Zoning Commission (2) Clean Community Commission 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