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Min 11/10/2009 724 CITY COUNCIL MINUTES Wichita Falls, Texas Multi-Purpose Events Center November 10, 2009 The City Council of the City of Wichita Falls, Texas met in special session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Rick Hatcher - Mayor Pro Tern Glenn Barham - Councilors Dorothy Roberts-Burns - Jim Ginnings - Charles Elmore - Mayor Lanham Lyne - Absent Councilor Smith Absent Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Pro Tem, Rick Hatcher called the meeting to order. Item 2a Mayor Pro Tern Hatcher gave the invocation. Item 2b Mayor Pro Tern Hatcher led in the Pledge of Allegiance. Item 3 Victor Kocks and John Kocks, 4505 Kemp Blvd., requested that Council consider extending the center lane on Kemp Blvd. from Westgate Street to Southwest Parkway, similar to what we have on Lawrence Road, where traffic can turn either left or right. This would be less expensive than constructing medians. Randy Clement, 4601 Kemp, made the same request to provide access on Kemp Blvd. by creating a center turn lane on Kemp Blvd. from Westgate Street to Southwest Parkway Allen Palmatary, 5300 Summit Drive, expressed concerns regarding a proposal submitted to the City by Jody Wade relating to wrecker service; he is opposed to this proposal. He also expressed concern regarding some of Mr. Wade's wrecker service operations that are not in compliance with State law. Mayor Pro Tern asked Mr. Palmatary to put his complaint in writing and that will trigger an investigation. City Attorney informed that we have been involved in some enforcement actions handled by the Police Chief related to that. City Manager pointed out that there were two issues here, one dealing with enforcement and we are working through that. The other is this proposal, which he has not seen, to change how we are doing business today; we will evaluate that and make a recommendation to Council if we get to that point but we are not any where close to that. 725 Item 3 continued Jody Wade, 7712 Highway 79, went over his towing and impoundment service proposal, and asked Council to review it, and place it on the agenda, or submit to a Council committee. Chief Bachman commented that he does have the proposal and it will take time to review and will also look at other alternatives. It is quite a process to look at all of this and it is too soon to discuss this. Item 4 ORDINANCE NO. 86-2009 Ordinance Of The City Council Of The City Of Wichita Falls Annexing Approximately 242.73 Acres Of Land Generally East Of Allendale Road And South Of Kell Boulevard That Includes Property Owned By North Texas Rural Rail Transportation District, Pitts Sand And Gravel Inc., And Land Generally Referred To As The Certain-Teed Or Saint Gobain Vetrotex Property. Moved by Councilor Elmore that Ordinance No. 86-2009 be passed. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Pro Tem Hatcher, Councilors Barham, Roberts-Burns, Ginnings, and Elmore Nays: None City Council adjourned at 9:00 a.m. PASSED AND APPROVED this �-:5�--day of 2009. y MAYOR ATTEST: ydia Ozuna City Clerk NOTICE OF MEETING Special Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, November 10, 2009 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1 . Call To Order 2. (a) Invocation (b) Pledge Of Allegiance 3. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 4. Ordinance Annexing Approximately 242.73 Acres Of Land Generally East Of Allendale Road And South Of Kell Boulevard That Includes Property Owned By North Texas Rural Rail Transportation District, Pitts Sand And Gravel Inc., And Land Generally Referred To As The Certain-Teed Or Saint Gobain Vetrotex Property (Council Bill #244 ) 5. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions,ordinances,and other actions concerning any word,phrase,or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including,without limitation, any street,water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether City Council Agenda Tuesday, November 10, 2009 Page 2 any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice,and may include items under Texas Government Code Sections 551.071,551.072,551.073,551.074,551.076,551.084,and/or 551.087. 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 2009 at o'clock (a.m.)(p.m.). City Clerk