Loading...
Min 08/01/1995 r 952 Wichita Falls,Texas Memorial Auditorium Building August 1 , 1995 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: Michael Lam - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Bill Daniel - Absent Mayor Lam called the meeting to order. The invocation was given by Rev. John Ward, Country Chapel. Item 3a Vivian Arnold, Police Department, was honored as Employee of the Month for August. Mayor Lam presented her with a plaque, City of Wichita Falls pin, a check, bus tickets, and theatre and dinner tickets. Item 4 Moved by Councilor Thompson that the minutes of the July 20, 1995 meeting be approved. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Items 5a-6c Moved by Councilor Martin that the consent agenda be approved. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None 953 Item 5a-5d Minutes of the following boards were received. a. Board of Adjustment, July 19, 1995 b. Board of Electrical Examiners, July 13 , 1995 c. Aviation Advisory Board, July 24, 1995 d. Wichita Falls/Wichita County Public Health Board, June 23 , 1995 Item 6a RESOLUTION NO. 112-95 RESOLUTION APPROVING THE AWARD OF BID AND A CONTRACT FOR JALONIC STREET WATER LINE IMPROVEMENTS (CDBG) PROJECT Item 6b RESOLUTION NO. 113-95 RESOLUTION TO AWARD BID TO VARIOUS VENDORS FOR ANNUAL SUPPLY OF CHEMICALS FOR WATER TREATMENT Item 6c RESOLUTION NO. 114-95 RESOLUTION AWARDING CONTRACT FOR PURCHASE OF FLOWERS FOR PARKS AND MEDIANS Item 7a A public hearing was held on the proposed removal of traffic signals at 5th & Scott, Lamar & 5th, Travis & 5th, Burnett & 6th, Austin & 6th, and Travis & 6th. Mayor declared the Public Hearing open. Time was allowed for citizen input. No one wished to be heard. Councilor Thompson asked Mr. Parker, in recommending the removal of these lights, if he had considered the increase in traffic that will result after the completion of the Multi- Purpose Events Center. Mr. Parker replied that when they were working on the design phase, his department and the Texas Department of Transportation worked extensively with design engineers and the architects to determine the best method of getting traffic in and out in the case of a major event. The south parking lot for MPEC was designed with the removal of these traffic signals as part of the plan as well as going two- way streets on Travis and Austin. Mayor asked if in essence he was saying that this would facilitate the emptying of that. Mr Parker said that it would. He stated that one of the most difficult things during a big event for coliseums around the State which they contacted was to turn the traffic signals off and guide the traffic out with traffic patrols. Councilor Thompson wanted to know why we did not wait until after MPEC is completed before doing this. Mr. Parker explained that single events are specified in the manual for uniform traffic control devices. Single events cannot be counted if you have one event a week; you cannot use this as a part of your calculation. This is done on a twelve hour basis, the best eight hours out of twelve during a normal school day. The best way to control a large volume of traffic from a single location is by the use of people on the ground directing and keeping control of them. The signals are set up now on flash; they are yellow on Fifth and Sixth Streets and red on the cross streets, which is in effect having stop signs. It is a better flow to get the traffic out. You do not have to sit and wait for these signals to cycle. I 954 Item 7a, cont 'd. Councilor Martin asked if the State had made this survey. Mr. Parker replied that they combined it. Mr. Parker ' s technicians counted and the information was then provided to the State for input and process by their traffic computer, which results in the information of whether or not these signals are required. In no case did any of these signals meet any hour requirements, not even one hour of traffic volume. Councilor Hawkins commented that just about every light downtown would probably not meet the warrants. Mr. Parker disagreed because there is circulating traffic in the Eighth and Ninth Street areas which keeps the volume fairly high. Councilor Shine asked if the one-way streets project was in the process. Mr. Parker responded that they will look at that next. He said that he could not see adding more traffic signals and go one-way streets until this issue was resolved. He said the next thing they will get into is going two-way on Travis and Austin Streets. Mayor asked what the process would be after this public hearing. Mr. Parker replied that no Council action was necessary; they would just start taking the signals out two by two. They will go flashing red on the cross streets two at a time until all are removed and install the stop signs. They will go flashing red on Travis and Austin Streets and will take the two on Fifth Street out first since they are the lowest volume, and work through the system until they are all out, with stop signs. The flashing red signals with stop signs will remain installed until the public is familiar with how this functions. No one else wished to be heard. The Mayor declared the public hearing closed. Item 7b A public hearing was held on determining public convenience and necessity of a taxicab franchise requested by Presidential Limousine of Texas, Inc. Mayor declared the public hearing open and informed that it was for public input. Claudio Ramirez , 2013 Elizabeth, owner of All American Cab, said that when he put in for a cab they told him that he had to show a public necessity for any permits which would be issued. Right now, we have more cabs than we ever had in Wichita Falls. Another thing they told me was that I could only have the cabs to work with, no other outside jobs. Right here we are going into a limousine service, a 15 passenger van rental service, which only means a taxi cab without a City ordinance. That is the way I look at it. When I came in here, they would give me one car at a time and I would have to show a necessity before they would give me another one, each time. Mayor asked Mr. Ramirez if he questioned the lack of necessity. Mr. Ramirez replied that there was not that much business and he did not know where the input comes in that the necessity for more cabs is that bad. But it is not my decision, I am just telling you how I see it. Alfred S. Tucker, 4205 N.W. Freeway, owner AAA Falls Cab Co. , stated that as of right now if either cab company thought there was a need for additional cabs in this town they would apply for them. Under the existing City ordinance either company has to be considered for those additional cabs before another franchise is brought into this town. As Mr. Ramirez stated about our drivers ' income during the summer months when school is out and the base is close to the end of its fiscal year. The income for the drivers and the franchise owners is very slim. Last two weeks, even though it was a payday weekend, my low drivers were about $110/week and my high drivers were about $220/week and that averages to about $160/week. These people put in five day shifts and 12 hours a day and they make money on 955 Item 7b, cont'd. commission. The only expense in their favor is half the gas they use. During the winter months, when the need builds up again, that is when these drivers have an opportunity to make a little money and put some back, waiting for the dry period which falls around July and ends around October or November. He has 20 cabs and at any one time except on weekends you can find over half of his franchise parked at the cab stands. The main reason being that the need is not there. Take the existence of the two franchises that are in operation right now before you make a decision and consider how it is going to affect us monetarily. Mayor referred to Mr. Tucker' s statement regarding the city ordinance that existing franchises had to be allowed an opportunity before allowing another franchise. Mr. Tucker replied that was his interpretation of Sec. 31-29 (a) ( 3 ) of the Vehicles for Hire Ordinance. James Fields, 1300 Bell Street, said that he does not understand why there are 35 cab permits out there and he has been doing this for five years. Mr. Tucker has said that over half of his fleet is parked on any given day. Is there a formula that they go by to determine the number of permits issued? City Manager replied that when they start looking at public need and necessity, they not only look at numbers but at the type of quality of service, there is no formula. Claudio Ramirez, Jr. , Manager All American Cab Co. , 2401 McNiel, said that a franchise is trying to come on. Right now there is no cab applying for more permits. We have a total of 15 and the cabs are out there operating. I made sure that Mr. Ramirez had one to drive as a backup. The cars have been parked more than they are used. If we have the necessity for more cabs, we have the right to apply but the necessity is not out there. More cabs would hurt our drivers to support their families and themselves. That would put a hardship on the whole family. I ask that you take that into consideration. No one else wished to be heard. Mayor closed the public hearing. Item 8a ORDINANCE NO. 76-95 AN ORDINANCE APPROPRIATING GENERAL FUND EQUITY FOR COSTS ASSOCIATED WITH HOLDING A CITY ELECTION Moved by Councilor Martin that Ordinance No. 76-95 be passed. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None vf., Item 8b ORDINANCE NO. 77-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2 ) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF LAKE PARK DRIVE ADJACENT TO THE EAST LINE OF LOT 29, BLOCK 1 , SIKES ESTATE, SECTION G, UNIT 1 Moved by Councilor Martin that Ordinance No. 77-95 be passed. 956 Item 8b, cont'd. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 8c ORDINANCE NO. 78-95 ORDINANCE WAIVING SECTION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE SOUTH SIDE OF WHITE STREET, ADJACENT TO THE NORTH LINE OF 2-A, W.E. WILSON SUBDIVISION Moved by Councilor Martin that Ordinance No. 78-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 8d ORDINANCE NO. 79-95 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) ( 2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTH SIDE OF WHITE STREET, ADJACENT TO THE NORTH LINE OF LOT 2-A, W.E. WILSON SUBDIVISION Moved by Councilor Martin that Ordinance No. 79-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 8e ORDINANCE NO. 80-95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 2024 AND 2026 MAURINE STREET, SOUTH 116 ' LOT 7, BLOCK F, RAY MASSIE SUBDIVISION, AND LOT 6 AND NORTH 164 ' LOT 7, BLOCK F, RAY MASSIE SUBDIVISION, AND 1 . 17 ACRES, ABSTRACT 580; FROM MULTIFAMILY RESIDENTIAL TO GENERAL COMMERCIAL (CASE R 95-13 ) ; FINDING AND 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. 80-95 be passed. Motion seconded by Councilor Hawkins and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None 957 Item 9a RESOLUTION NO. 115-95 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DEPARTMENT OF DEFENSE, SHEPPARD AIR FORCE BASE, FOR THE RECONSTRUCTION AND OVERLAY OF RUNWAY 17-35 AT SHEPPARD AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN FAA CONSTRUCTION GRANT TO FUND THE RUNWAY PROJECT Moved by Councilor Hawkins that Resolution No. 115-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 9b RESOLUTION NO. 116-95 RESOLUTION APPROVING THE TRANSFER OF THE CITY'S AIRPORT AND AIRWAYS IMPROVEMENT ACT OF 1982 ENTITLEMENT FUNDS, TOTALING $417, 518. 00, FOR FISCAL YEAR 1993, TO ADDISON, TEXAS, IN THE AMOUNT OF $150,000.00, AND TO BRIDGEPORT, TEXAS IN THE AMOUNT OF $267, 518 .00 Moved by Councilor Hawkins that Resolution No. 116-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 9c RESOLUTION NO. 117-95 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTUAL AGREEMENTS WITH LKC CONSULTING SERVICES, INC. TO PERFORM THE NECESSARY STUDIES OF THE WICHITA FALLS TRANSIT SYSTEM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Resolution No. 117-95 be passed. Motion seconded by Councilor Shine Mr. Dave Clark informed that this was a study which Council had asked for in the past. It will be an over all look at the transit system taking into consideration the fleet, the riders, the routes, and basically all aspects. Also, we will be looking into the future as to how this area might be affected by potential funding coming out of the federal government. We solicited proposals from qualified consultant companies and received three. After an evaluation of these, we are recommending LKC to complete this study. This would be accomplished before the end of the year and would be paid from state and federal funds for transit usage. Councilor Martin asked if this would address the possible bus route to the State Hospital on a shift basis. Mr. Clark 958 Item 9c cont 'd. responded that part of this study in looking at routes will be inclusive of looking at all the options. Right now, the system operates essentially under a transfer service at Sikes Senter. The effectiveness of that transfer point on other viable routes, such as the State Hospital, S.A.F.B, Eastside, are all a part of the study. Recommendations will be made as a result of the study. There will also be rider surveys and surveys from persons with additional input, who might have potential usage, to the expansion or revision of the system. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 9d RESOLUTION NO. 118-95 RESOLUTION AUTHORIZING A FRANCHISE TO PRESIDENTIAL LIMOUSINE OF TEXAS, INC. TO OPERATE A TAXICAB SERVICE IN WICHITA FALLS Moved by Councilor Martin that Resolution No. 118-95 be passed. Motion seconded by Mayor Lam Mr. J.R. Ramirez, Manager All American Cab Company, commented that if there was a necessity for more cabs, they would have applied for them. Mrs. Samantha Hoffman, 4808 Matterhorn, owner/operator for All American Cab Company, said she owns a 1994 custom van. She said she did not believe there was enough business for an additional five cabs. There are thirty-five permits already and many of those are not used for lack of business. If there was a need for more cabs she said she would have wanted to purchase more cabs and would have purchased a new van. She stated that many times she would go home because of the lack of business. She asked Council to make their decision carefully because they would be affecting the livelihoods of about seventy people. With three cab companies in town that would cut her living by one third. She would have to find another way of earning a living. She said that if there was anything the two cab companies were not doing right to let them know instead of forcing one of them to close their business. Mr. Claudio Ramirez, 2013 Elizabeth, owner All American Cab Company, said that they had met with Mr. Wade and the Transportation Committee and he had asked them to increase their cab rates. Mr. Ramirez said that increasing rates would affect their business to the point of doing away with it. Mr. Jody Wade, owner, Presidential Limousine, Inc. clarified Mr. Ramirez statement regarding rate increase. Mr. Wade stated that it was a transportation meeting where the vehicle age was being discussed and he had suggested that in order to improve the quality of their vehicles they could request a rate increase from the City to increase the quality of the cabs. Councilor Martin asked Mr. Wade if his market analysis on this had reflected a need. Mr. Wade replied that Midwestern State University Small Business Development Center had compiled several surveys for them, one of them being on quality of service and image of service on our community. That was one of the large necessities. Also, the increased demand of S.A.F.B. which is moving in 1700 pilots, according to the Small Business 959 Item 9d, cont'd. Development Center, and the new Allred Prison Unit, which also increased traffic, among several other factors. Mr. Wade informed, if approved, he proposes to bring in 1995 Chevrolet Caprice vehicles and explained that they would be heavy duty vehicles like police cars but would be a taxi package. Councilor Thompson referred to a memo from Mr. Dockery in which he stated that Mr. Wade' s request for a franchise was ready to be brought to Council at the last meeting but Mr. Wade had requested to wait because of the ordinance revisions which were being addressed at the last meeting. Councilor Thompson stated that this led him to believe that some Council members were manipulated either willfully or unwillfully. At the last Council meeting we shortened the number of months those cabs could be on the road and at that time Mr. Wade had already had a request in for a franchise. However, that was withheld so that the other Council members and the public would not know that. Mr. Wade replied that he had addressed a copy of his franchise agreement to each of the Council members about one and a half months ago. This was even before the vehicle age requirements came up. He said one reason he wanted to wait was because of the mass confusion in mixing in the limousine ordinances and the cab ordinances. Councilor Thompson said that what Mr. Wade had done was shortened the time the other cabs could be out on the road so that he could raise the cost for them to be involved in the cab business. Mr. Wade said that he had no control over that. Councilor Thompson said that several Council members and City Staff members were involved. He said the media and the public should be aware of the history. The first time Mr. Wade came before the Council was in reference to deleting the waiting period for his limousine service. After that, there was an additional request to allow Mr. Wade to park his limousine at the airport. At that time he had already put in his request for a taxi cab franchise which was held in abeyance. The mind set is to try to level the playing field because no one is going to go out and spend thousands of dollars if these guys can use old cabs and make the same kind of money which Mr. Wade is going to be making. The need to raise fares is going to be one of their pre-requisites in order to be able to stay in business. Somebody is going to be out of business in this endeavor. Somebody is going to lose because there are only so many people who are going to ride the cabs in this City. But, it seems to me like this is a rather curious way to get in the cab business. I hope that if Mr. Wade is able to get his franchise that he will be successful. It is not the Council ' s responsibility to make any cab company successful or unsuccessful. I wish that the whole agenda had been revealed when Mr. Wade made his first presentation. I am sure that some Council members and some Staff members knew what his agenda was. Councilor Thompson was disturbed by the memos he received in reference to the cab which had been checked and had mechanical problems. He had never received this type of memo before, unless that memo was used to prepare the Council members for this vote right here. Mayor asked Councilor Thompson if he was saying that there was a conspiracy or a stratagem to get Mr. Wade approved for a cab franchise that is circumventing the normal process. Mayor and Councilor Martin said that they resented that statement. Councilor Martin said that Mr. Wade had nothing to do with the cab inspection or with the memo; he didn' t even know anything about it. Councilor Thompson said that he would repeat what he had said earlier so they would understand. He said that apparently some Council members and some Staff members knew of the complete agenda of Mr. Wade. Perhaps we would have voted differently if we would have known that he was going to apply for a taxi cab franchise. I would never have gone along with changing the 960 Item 9d, cont'd. number of months on the cabs if I would have known that there was going to be a request for an additional cab franchise. I do not think the other cab companies would have supported the idea either if they had known there was going to be a request for an additional franchise. How many of them knew. Mr. Wade responded that they were all present at the transportation meeting and he made it public at that time when they were discussing the vehicle age requirements. Councilor Thompson mentioned the Presidential sign at the airport which Councilor Hawkins had brought up at the last Council meeting. He thought it had been decided that it would be taken down. Mr. Wade informed that he rents out 15 passenger vans and he advertises them on everything that he does. He felt it was wrong to be targeting him for his signs when one of the cab companies advertises airport limousine service on their signs. Councilor Thompson said he was not targeting him, and as he mentioned earlier it was not their job to keep him in business or get him out of business or to make them successful. However, he did have a responsibility for being open, fair and truthful. Mr. Wade commented that everyone has a different opinion on how to do business. I think you can be in the cab business by offering quality vehicles with less number and have the same money tied up in liabilities and less vehicles, being that they are new. Or, I could have twenty vehicles with same amount of money. My goal is to offer quality, they are offering quantity. That is the difference and that is why I came up with the five vehicles and that is at what we are looking, offering quality service where they are offering quantity. Councilor Thompson wished him success and said he just wished this would have been revealed earlier. But, there is only so much business and somebody is going to lose. Councilor Martin commented that Councilor Thompson knew as much about this as any other Councilor as far as bringing in the ordinance to change the length of life of a vehicle. This Council has a responsibility to the safety of the public. He reminded Council of the two wholesale businesses which came in and drove out two of our good stores, along with other businesses, and we didn't take that into consideration. This is competition, quality competition and whoever gives the best service is going to be the winner. Anytime the door is opened someone is going to lose. This Council did not know anymore about this than you did and saying that there is some conniving going on, I resent that. Councilor Thompson said that he was sorry if he resented it, but the truth is the truth and sometimes people resent the truth. Mayor referred to the memo and said that there had been discussion with regard to the City' s inspection of cabs and concern that there were some cabs not complying. Upon inspection of a cab, Mr. Parker furnished evidence to this Council that they were doing their job and of their findings. I do not find anything conspiratorial in issuing that memo to this Council and I do not think they should have that put on them. Councilor Thompson said that he had just never received a memo like that before. Mayor commented that to his knowledge they had never discussed their concern about inspecting cabs prior to that memo. Councilor Thompson stated that he hoped that his statements were not taken out of context. He is not opposed to them getting a franchise; he thinks that competition would improve the quality of transportation and the quality of cabs. Mayor stated that what Councilor Thompson had insinuated today was that there was a conspiracy by some of this Council, by Staff, and by Mr. Wade to provide the mechanism by where he could come in and get a cab franchise, and that if all the truth was known prior to that it would have prevented him from getting it. Councilor Thompson said that was not what he had said. He 961 Item 9d, cont'd. said that the memo had stated that Staff was prepared to have the hearing at the last Council meeting but Mr. Wade had asked to wait until this meeting. Mayor informed that Mr. Wade had already explained that he was here in regard to limousine service and he did not wish to get his taxi cab business mixed up at the same time with his limousine service, and he has a right to do that without being conspiratorial or trying to hide something. City Manager commented that there hasn' t been any conspiracy going on here, and whether Mr. Wade gets his franchise or not to him was secondary to the real issue here which is a matter of trust. This Staff will never participate in anything which in anyway keeps information from this Council. In the past they could probably be accused of giving you too much information. We have always tried to be customer friendly. In this relationship if the person petitioning this Council wants to tell us when they want it on the agenda, we try to go along with that if we can. In regards to the memo, Mr. Parker gave it to me and I sent it on to you for the very reason just stated. There was questioning as to whether or not we get too paranoid about this, whether we are doing our job about inspecting cabs. There was a second memo where another cab was inspected and met all the requirements. Also, a question was raised to whether or not we performed random inspections and we do, and that is all that was. I am more concerned with the trust issue than what you do with the franchise. Councilor Johnston asked Mr. Wade about the rate quality issue and asked if he at this time foresees as far as he can project a need for a rate increase in order to maintain the quality he had proposed. Mr. Wade replied that there was not a rate increase attached to his application and they are not making this franchise upon coming back and asking for a rate increase. The rate increase was brought up during the vehicle age discussion and he had suggested that to help the cab companies. He said he would not come back; his five vehicles are set and established on the rate that is presently set by the City Council. Councilor Johnston commented that he had a problem with the shotgun statement that there was a conspiracy and an underlying agenda of which some Council members were aware. He said that personally he was only aware of what was going on in public and he had no hidden agenda. He resented the implication that some of them were in some kind of conspiracy. Glen Tucker, 1316 Britain, said that he had two cabs and the ordinance passed last meeting was going to force him to shut down one of them and possibly within the next three years shut the other one down. He referred to Mr. Wade' s comment regarding quality and quantity and said that he had a 1986 Suburban which is in excellent condition. He doesn' t need to pay extra insurance to obtain a loan from the bank. When he gets new cabs he has to have extra insurance in order for the bank to approve them on fleet insurance. They are making it impossible to do it and then wanting to add another cab company to where we are not making as much money as we are now. What that is going to do is run both cab businesses out of town. Councilor Hawkins asked Mr. Parker if a need had been demonstrated for five additional cabs. Mr. Parker replied that when this had been done initially, before the prison opened and the latest base closures, the taxi cab committee had agreed that forty would be the upper limit in the number of cabs. Since then the Allred Prison Unit has come in, there has been another round of base closures and the student population is up from what it was when Yellow Cab was here. The week days are not big but the weekends are. Mayor mentioned that during the public hearing Mr. Tucker had brought up that our current ordinance provides that existing 962 Item 9d, cont'd. cabs would have first priority to increase any need in cabs prior to considering any cab franchise. City Attorney replied that he did not interpret the ordinance in that manner. They have the option to come in at any time to ask for additional cabs on their existing franchise but they have not done so. He did not see that they had any priority. Councilor Johnston asked how many cabs we had now. Mr. Parker replied that thirty-five were authorized and thirty-four were operating. Mayor stated that this was an opportunity to upgrade our cab service and he hoped that all would be able to compete in the market place. This Council ' s obligation is to provide the best cab service that we can to the public and give them a range of choice between modern updated cabs and other functional cabs. He is in support of allowing the franchise. Councilor Hawkins commented that he hoped that the local taxi cab companies do upgrade, but he hated to see us get back into the same situation when we had the Yellow Cab Company only. He was concerned that there would be a possibility we would drive the others out of business. The passage of this ordinance does not require them to bring in five new factory cabs. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine and Martin Nays: Councilors Thompson and Hawkins Item 9e A proposed resolution was presented to approve a waiver of hotel/motel tax penalty which was assessed for failure to remit the tax imposed by Ordinance #2595. Moved by Councilor Martin that proposed resolution be passed. Motion seconded by Councilor Hawkins. Councilor Hawkins was opposed to approving this waiver. The title companies received the information and they should have the obligation to collect that which would forestall a late payment fee. If the company has a problem they should go back to the title companies and not our citizens. Councilor Martin agreed. Mayor asked Mr. Werner if he requested the waiver. Mr. Werner informed that the new owner came to his office. To help understand the situation better Mr. Werner gave the following information. They traded the business in the middle of May and the new owner failed to remit his tax for the second half of May and that is what the penalty is assessed on. The title company received notification and apparently there is a disgruntled relationship between the old and new owner. The old owner failed to notify the new owner of his reporting obligation when we mailed it to him in March. We extended the courtesy to the title company, gave them a copy of the ordinance, ask that they provide both parties. For whatever reason, that communication was not made and we feel that there is no responsibility of the staff for an error. If we find an error on the Staff I usually recommend a waiver, but I could not find an error. The person was just not able to handle his paperwork for starting his business in a timely manner so we do not feel he is entitled to a waiver of the penalty. 963 Item 9e, cont'd. Motion failed by the following vote. Ayes: None Nays: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Item 9f RESOLUTION NO. 119-95 A RESOLUTION AUTHORIZING AND APPROVING THE WITHDRAWAL OF THE CITY OF WICHITA FALLS, TEXAS FROM THE NORTH ` TEXAS HOUSING FINANCE CORPORATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Martin that Resolution No. 119-95 be passed. Motion seconded by Councilor Shine. Mr. Clark informed that recently Lewis, De Rozario and Company out of Denver approached the local area to develop a new issue of housing mortgage bonds which would provide lower cost mortgages to local residents in cooperation with the banks. In order to do this a community can only have one of these which represents the community. In the mid 80 ' s, North Texas Housing Corporation was established which issued bonds that are still in effect, but that corporation is not active and does not have an active board. In order to be able to issue bonds we are requesting, in cooperation with NorTex Regional Planning Commission, that the City withdraw from that Corporation which will allow the authorization of the new corporation. One reason for not going ahead and updating that Corporation is that it would require action by sixteen individual municipalities which we think is excessive and difficult to do. This does not make any more difficult the position of the bonds or negate the existing bonds, but it does allow new development. Dennis Wilde, Executive Director NorTex Regional Planning Commission, informed that in forming a new Housing Finance Corporation all eleven counties within this area have been approached and all have passed this particular resolution. This program would substantially benefit the City of Wichita Falls since most of the population is within the City. From a regional approach we are promoting economic growth and we see this as one tool. Motion carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item 10a RESOLUTION NO. 120-95 RESOLUTION AWARDING BID TO MCGRATH BROS FOR CONCRETE PAVING OF THE INTERIOR AREA OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 121-95 RESOLUTION AWARDING BID TO MCGRATH BROS FOR CONCRETE PAVING OF THE PERIMETER OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER 964 Item 10a, cont 'd. RESOLUTION NO. 122-95 RESOLUTION AWARDING BID TO SCALES CONSTRUCTION COMPANY FOR PEDESTRIAN IMPROVEMENTS OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 123-95 RESOLUTION AWARDING BID TO B.W. STRAYHORN FOR DEMOLITION WORK AT THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 124-95 RESOLUTION AWARDING BID TO HARRIS NURSERY AND LANDSCAPING FOR LANDSCAPING OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 125-95 RESOLUTION AWARDING BID TO SCALES CONSTRUCTION COMPANY FOR PLAZA WORK OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 126-95 RESOLUTION AWARDING BID TO SCALES CONSTRUCTION COMPANY FOR FOUNTAIN WORK OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 127-95 RESOLUTION AWARDING BID TO B. W. STRAYHORN FOR DEMOLITION WORK AT THE CORNER OF BURNETT AND WICHITA STREET FOR THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 128-95 RESOLUTION AWARDING BID TO BOBBY HAYNES CONSTRUCTION FOR ASPHALT PAVING AT THE CORNER OF WICHITA AND BURNETT STREET OF THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 129-95 RESOLUTION AWARDING BID TO EVER-READY ELECTRIC COMPANY FOR ELECTRICAL WORK AT THE CORNER OF BURNETT AND WICHITA STREET OF THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 130-95 RESOLUTION AWARDING BID TO EVER-READY ELECTRIC COMPANY FOR ELECTRICAL WORK OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER RESOLUTION NO. 131-95 RESOLUTION AWARDING BID TO EVERY-READY ELECTRIC COMPANY FOR PEDESTRIAN LIGHTING OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI-PURPOSE EVENTS CENTER 965 Item 10a, cont'd. Moved by Councilor Thompson that Resolution Nos. 120-95 through 131-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item lla RESOLUTION NO. 132-95 RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 TO A CONTRACT WITH ELECTRA CONSTRUCTION COMPANY, INC. FOR THE GENERAL CONSTRUCTION OF THE EXHIBIT HALL OF THE MULTI-PURPOSE EVENTS CENTER Moved by Councilor Martin that Resolution No. 132-95 be passed. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item llb RESOLUTION NO. 133-95 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH ACE ELECTRIC, INC. FOR ELECTRICAL WORK FOR THE EXHIBIT HALL OF THE MULTI-PURPOSE EVENTS CENTER Moved by Councilor Martin that Resolution No. 133-95 be passed. Motion seconded by Councilor Thompson and carried by the following votes. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None Item llc RESOLUTION NO. 134-95 RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 TO A CONTRACT WITH PALCO MECHANICAL CONTRACTORS, INC. FOR THE PLUMBING AND MECHANICAL WORK AT THE EXHIBIT HALL OF THE MULTI-PURPOSE EVENTS CENTER COMPLEX Moved by Councilor Martin that Resolution No. 134-95 be passed. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None 1 966 Item lld RESOLUTION NO. 135-95 RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH B.W. STRAYHORN FOR DEMOLITION WORK OF THE SOUTH SITE CONSTRUCTION PROJECT FOR THE MULTI- PURPOSE EVENTS CENTER Moved by Councilor Shine that Resolution No. 135-95 be passed. Motion seconded by Councilor Martin and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, Martin, and Hawkins Nays: None II' Item 12a - - - - - - - Randy Guthrie, 4716 Cape Cod complained that the house on 4723 Cape Cod which burned down in March of 1994 had not been worked on since the last time Mr. Lloyd Nelms was before the Council. Mr. King informed that the structure was not in any danger of collapse, however, it is not in any condition which could be considered liveable. Mayor directed Mr. King to notify the owner, Mr. Lloyd Nelms, that unless City sees continual progress to completion, demolition procedures will be taken. Mr. King will report back to the Council at every Council meeting on this project. Councilor Shine mentioned that there were other structures which were given sixty days and that Mr. King report after those sixty days. Mr. King will report on the other structures at the next Council meeting. Item 12b Councilor Shine mentioned putting up a sign recognizing Sheppard Air Force Base. City Manager informed that was in the works. Councilor Thompson said that he wanted to be sure that he was understood in reference to what he said this morning. He said he was not referring to Mr. Dockery because he was the one who wrote the memo. If Mr. Dockery was trying to hide something he would not have put it in the memo. My only point was that I wish I would have known sooner. On another matter, he mentioned that there was a great need for parking downtown. He asked Staff to look into this. Item 12c City Manager mentioned the need for a special meeting to accept a grant from the Meadows Foundation, which closes their books on September 1, and to award bids on the Nature Works Construction Project. Council agreed to set a special meeting on Tuesday, August 29 at 8:30 a.m. City Manager informed that Council will be receiving quarterly financial reports. Mr. Bonnett informed that David Lehfeldt, Sanitation Superintendent, has been instrumental in getting the composting rules and regulations finally promulgated and getting them in a workable format. one of the key essence of the composting operation has been a rebate in the tonnage fee we send down to Austin. We are receiving a rebate in the amount of $35, 000 for our composting operation. He urged Council to tour that 967 Item 12c, cont'd. operation. They are anticipating receiving additional rebates in the future. The credit goes to Mr. Lehfeldt and to his people. Item 12d The worksession on Management Information System was held after the City Council adjourned at 10: 54 a.m. Mr. Dockery moderated the worksession which concluded at 12: 10 p.m. Item 12e City Council recessed into executive session at 10: 24 a.m. in accordance with Section 551 . 074 of the Government Code. The meeting reconvened at 10: 44 a.m. Councilor Martin was not in attendance. Item 12f Moved by Councilor Hawkins that William H. Elder be appointed to the Helen Farabee Center Board of Trustees with term to expire 8/31/97. Motion seconded by Councilor Thompson and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, and Hawkins Nays: None Moved by Councilor Hawkins that Ernie Dover and David Farabee be reappointed to the Helen Farabee Center Board of Trustees with terms to expire 8/31/97. Motion seconded by Councilor Shine and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, and Hawkins Nays: None Item 12g Moved by Councilor Hawkins that Jean Puckett be reappointed to the Helen Farabee Center Public Responsibility Committee with term to expire 9/31/97. Motion seconded by Councilor Johnston and carried by the following vote. Ayes: Mayor Lam, Councilors Johnston, Shine, Thompson, and Hawkins Nays: None Item 12h Moved by Councilor Hawkins that Kay Yeager, Ewell Cason, and Leroy Lake be reappointed to the Aviation Advisory Board with terms to expire 12/31/96 . Motion seconded by Councilor Johnston and carried by the following vote. 968 Item 12h, cont'd. Ayes- Mayor Lam, Councilors Johnston, Shine, Thompson, and Hawkins Nays: None The City Council adjourned at 10: 54 a.m. and went into the Management Information System worksession which concluded at 12: 10 p.m. PASSED AND APPROVED this day of , 1995 . Michael Lam, M or ATTEST: :�('\&'1,�) ,)I r I "u\') Lyd Torres Cit Clerk _____ .. �,..ri.,