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Min 10/16/2007 180 rx � (G!(al316 5:4c CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building October 16, 2007 Item 1 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present: Lanham Lyne - Mayor Ray Gonzalez - Mayor Pro Tern Glenn Barham - Councilors Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore - Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk Mayor called the meeting to order. Item 2a Reverend Robert Castle, Pastor, Mount Pleasant Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3a Mayor proclaimed October 2007 as "Fire Prevention and Awareness Month" in Wichita Falls. Fire Marshall David Collins accepted the proclamation and expressed appreciation to the Council and all the citizens for their involvement. Item 3b Fire Marshall Collins provided information on the Poster Contest and recognized Antoinette Hastings, Kathy Bissell and Mackey Oliver for putting this contest together. He mentioned that each winner will receive a savings bond; first place will receive a $100 Savings Bond; second place will receive a $75 Savings Bond and third place will receive a $50 Savings Bond. Mayor presented certificates to the following 2007 Fire Safety Poster Winners— "Practice Your Escape Plan". Kindergarten: 1 St Place: Jacob Newton Cunningham 2Id Place: Kordell Dorman Ben Franklin 3rd Place: Riley Pruit Cunningham First Grade: 1st Place: Tyler Thomas McGaha 2"d Place: Alonso Cerna McGaha 3rd Place: Kenneth Estrada McGaha Second Grade: 1st Place: Whitney McNiel Fain 181 Item 3b continued 2"d Place: Makayela Roberts Kate Burgess 3`d Place: Sydney Evans Crockett Third Grade: 1st Place: Deazsha Johnson Ben Franklin 2"d Place: Madison Webb Fain 3`d Place: Faith Castle Fain Fourth Grade: 1st Place: Allyssa Larson Alamo 2"d Place: Alycia Shifflett West Foundation 3`d Place: Sydney Mayo Cunningham Fifth Grade: 1 st Place: Victoria Perez City View 2"d Place: Gabi Garza Kate Haynes 3`d Place: Keelin Cheatle Bible Baptist Sixth Grade: 1st Place: Ana Aguilar Washington-Jackson 2"d Place: Allee Pipes Wichita Christian 3`d Place: Kaleb Preston City View Fire Marshall Collins thanked all the sponsors and everyone who assisted in this event. Sponsors were Commercial & Industrial, Ray Kennedy Security, James Lane, F.G. Haggerty, S&B Mechanical, and Vista Fire Sprinklers. Mark Inman Insurance donated 10,000 coloring books. Item 3c Mayor proclaimed October 15-19, 2007 as "National Business Women's Week" in Wichita Falls. Kelli McCord, President of Wichita Falls Business & Professional Women, accepted the proclamation along with other officers and members. Item 3d Mayor proclaimed October 23-31, 2007 as "Red Ribbon Week" in Wichita Falls and encouraged everyone to wear or display red ribbons to promote a drug free Wichita Falls. Mrs. Donna Farrell, Star Council on Substance Abuse, accepted the proclamation, along with other members. Item 4 Coy Reavis, 5109 Carlene Drive, expressed concern that he was being singled out to either move or tear down a shed he had constructed in his backyard. He informed that there were others in his neighborhood but he was the only one approached. Mr. Dave Clark informed that the shed had been constructed without a building permit and it is on a utility easement. Staff responded to a complaint. Mr. Reavis informed that the other sheds were also on utility easements. Mayor stated that he would speak with Mr. Clark and see if there are other options but he could not tell him that this would change. He stated that staff would also follow up on the other sheds in his neighborhood. Item 5 The Minutes were approved as distributed. Items 6a-6c City Council noted that the board/commission minutes were not in the agenda packets. City Manager stated that these would be placed on the next Council meeting agenda. 182 Items 6a-6c continued No action was taken on the Consent Agenda. Item 7a A proposed resolution was presented to authorize the City Manager to execute an agreement with American Medical Response Ambulance Service, Inc. for ambulance service in Wichita Falls. Moved by Councilor Gonzalez that proposed resolution be passed. Motion seconded by Councilor Hatcher. Assistant City Manager Matt Benoit provided reasons why staff is suggesting at this point that American Medical Response AMR should be the recipient of the emergent ambulant care in Wichita Falls. AMR is a known quantity and they have been doing business under the Laidlaw-AMR umbrella in Wichita Falls for some 24 years. They have agreed to our continued request for a $500,000 performance bond. AMR agreed to our request that every ambulance be capable of providing Advanced Live Support (ALS). That speaks largely to the personnel who are on the ambulance and absolutely making certain that someone with EMT Intermediate qualifications is on board. This region has always operated under the philosophy that ambulance users should pay for the services. That translates to higher rates for the user and a lower subsidy model. AMR proposed the closest to that philosophy and that is why we are recommending their service here today. Mr. Benoit highlighted some items in the contract. This is a 5 year agreement to begin at the time Council approves, should you decide to approve. It would have the existing five year agreement that has some five or six months left, would expire, then the new rates would take effect as well as the terms and conditions. As to the rates, Mr. Benoit stated that he had outlined for Council potentially two charges, but three categories that anybody that rides an ambulance would encounter—Mileage and Basic Life Support (BLS) or Advanced Life Support (ALS) charge. There are some pretty significant rate increases here and he explained how they arrived at that. They surveyed 13 other cities that have similar arrangements. Many are fire based ambulances, many supply services to other smaller communities and to unincorporated areas as well. I do not know that there is an exact model to what we are proposing here but nonetheless all of those cities should have similar operating expenses and rate pressures that we are talking about here. Mr. Benoit explained that what they had done for Year 1 rates for all three categories was to set those at the average of the 13 cities they surveyed. We tried to arrive in the middle. Regarding mileage for Years 2—5 they are proposing a 10% increase yearly. For the last five years the inflation rate of diesel was close to 22% a year so 10% per year is within reason. Regarding ALS and BLS, we are proposing yearly 4% increases, setting the first year at the average and proposing 4% increases annually. He drew an analogy with health care costs. For several consecutive years health care costs have outpaced wages and inflation. At 4%, which is maybe or maybe not close to inflation or wages, he thought that was a reasonable proposal to escalate for the years of the contract. Mr. Benoit addressed the subsidy. We are proposing a subsidy increase of$35,000 to $50,000. The $50,000 would be paid jointly between the City of Wichita Falls, Wichita County, City of Iowa Park, and City of Burkburnett. Mayor referred to the increases. Years 1 is a fairly large jump, were we at flat rates or were adjustments just going up and we were behind market? Mr. Benoit replied that the adjustments were not keeping up. Councilor Barham pointed out that Year 3 shows 10.1% and wanted to know if that was a typo. Mayor and Mr. Benoit agreed that is should be 10%. City Attorney stated that this would necessitate an amendment if this resolution is passed. Mr. Benoit addressed "Remedies for Non-Performance". We put in a new liquidated damages clause that speaks specifically to response times. If they do not meet 90% compliance in all their runs within a given month then liquidated damages go into effect. At that point we will look at the 10 plus% in which they did not meet 90% compliance and for every one of those runs, every day that a run occurs in which they were greater than five minutes late to each of the entities it is a prorated one day share of their subsidy which amounts to about $139 or$140. 1 think that is substantial and I think that will get their attention, particularly if several of those days come up. The other part of that is that there is going to be some participation with 183 Item 7a continued AMR when we review those response times, and I think the process of having to sit down and justify why they were late and what happened will also get their attention. Nevertheless we have a financial penalty on top of that as well. Mayor asked how that is managed or how that is recorded. Mr. Benoit envisions getting some feedback from the Fire Department who is doing first responder runs. This would include Iowa Park and Burkburnett Fire Departments as well. Those entities who have first responders on the scene know when the ambulance shows up because they are there first. If we are hearing pretty routinely that it is late and if their lateness is egregious then we need to stop and review CAD reports so that we can see when a 911 call comes in and when it was transferred to AMR dispatcher and when the first responders or AMR are on the scene. It will be labor intensive but we do have the data to determine when they were dispatched and when they arrived. City Manager added that we will also rely on citizen complaints. If they have a question or complaint about the response time we can go back and check the dispatch logs. Councilor Barham asked if the ten minutes begins when AMR receives the call. Mr. Benoit replied in the affirmative. Councilor Barham referred to the last paragraph under Section II Service Level and questioned the phrase "90% compliance standard may be evaluated..." which is permissive and asked if it shouldn't' be "90% compliance standard shall be evaluated...". Mr. Benoit explained that they put some circumstances in there in which they think there would need to be some judgment as to whether liquidated damages are applied. We wanted to be able to have some discussion and some understanding about the application of liquidated damages. Some circumstances may be entirely out of their control. Councilor Barham said that the way he reads it is that it indicates that we are not going to be checking the response time on a monthly basis. We might check it if we get a complaint but I think we should check it whether we get a complaint or not. Fire Chief Foster informed that they prepare a monthly report on all ambulance calls. His people call AMR out on the scene and those records are kept on the CAD System and we know when they were over the time limit. Councilor Smith stated that he would feel better about the contract if it stated "shall". City Attorney pointed out that it was in there to be made permissive in that we would not want to obligate ourselves to actually do that but if Council desires that we change it we will do that. Councilor Smith felt it was too important and needs to be changed to "shall be evaluated". Mr. Benoit proceeded to address the section relating to termination of the agreement. This allows either party to terminate within180 days with written notice. Council may have an interest in pursuing fire based ambulance service but that cannot happen next month. I think this agreement is the right thing to do. Councilor Hatcher asked if our first responder policy dictated that they document the exact time that the ambulance arrives at the scene or whether this is something they need to do and how do we know that? Chief Foster explained that they arrive on the scene first since they have 8 fire stations, and when the ambulance arrives they contact the dispatcher and inform when the ambulance arrives. This is documented. Councilor Hatcher commented that every ambulance will be required to have Advance Life Support capabilities and prior to this they were not required to have that He wanted to know what is in place to protect the citizens from borderline ALS/BLS calls unnecessarily becoming ALS calls subjectively, due to the big difference in price. He pointed out that a lot of users do not have medical insurance. Mr. Charles Grady, AMR, informed that the ambulance service they have provided for the communities since 1984 is actually above what the contract requires. We were only required to provide BLS but we keep paramedics on the units. Under the present agreement we are actually stating that at minimum we will provide intermediate on all ALS units, however we are presently staffing our units with paramedics. We are providing the Assistant Fire Chief, on a regular basis, a schedule of our employees and units being staffed, and their level of certification so they know on a monthly basis how we are staffing our units. Councilor Hatcher asked about how they decide whether to bill for an ALS or BLS call. Mr. Grady replied that the billing department does that according to government guidelines; the charge will depend on the treatment the patient receives. 184 Item 7a continued Councilor Barham stated that under ALS and BLS they are required to have a licensed physician as their Medical Director and asked if their Medical Director was familiar with emergency medical operations? Mr. Grady informed that Dr. Selvaraj is their Medical Director and he is board certified in emergency management. He is the doctor in the Emergency Room at United Regional. Councilor Smith mentioned response times in the contract stating that there is an ambiguous situation relating to the units crossing areas in County territory on the way to other communities like Iowa Park. We have ambulances passing through County territory where they have 25 minutes to get there but 15 minutes to get to Iowa Park. Why don't we use a concentric circle approach instead of a specific geographic location? I would like to see that reviewed. Mr. Benoit stated that when first responders arrive from Iowa Park and Burkburnett it is not ambiguous when they are there. It is not ambiguous in the application. Councilor Smith said he would like a full discussion with the professionals involved as to the best approach, the liability issues, and what is best for the citizens. Mayor commented that in the unincorporated areas we do not have first responders; the ambulance is the first responder. That may be something we can add to; it is something worth looking at. Councilor Hatcher commented that in actual application it is probably not an issue; more of the concern is when you are between Iowa Park and Electra. He asked how the concentric circle theory would be applied and monitored. Would it be easier or would it be a nightmare? Mr. Benoit replied that this application is much easier but if Council wants we can sit down and discuss the concentric circle theory with AMR. In the end it comes down to the first responders; if they are late they know why. We will follow Council direction. Councilor Hatcher asked that it be monitored as we move forward. Councilor Barham referred to the exclusivity clause and asked if that was intended to mean 911 calls or was that any emergency calls? Mr. Benoit replied that it was meant to be for 911 emergency calls but if someone wants to call TransStar they can do that. Councilor Barham asked if it shouldn't say for all 911 emergency calls. City Attorney stated that they will add language that it is 911 emergency calls. City Attorney asked that Council approve it as is and allow them to tweak the language to reflect that clarification. Councilor Smith felt they needed more information on the levels of care our citizens would get on the ambulance. He asked if there is a level above having one paramedic on the unit. Mr. Grady informed that in the EMS industry a paramedic is the highest level of care. There are Mobile Intensive Care Units (MIC) that have a paramedic on board and some also have a nurse. Our units are State registered as MIC units. City Council recessed at 9:40 a.m. and reconvened at 10:00 a.m. Dr. Leo Mercer, 2107 Avondale, Chief of Trauma at United Regional, stated he had no preference on the organizations bidding on this contract. He said that certain things were not mentioned in the contract—patient care, quality of care, and performance improvement. We lose the notion of accountability. There is no continued education specified in the contract. He suggested that the Council question whether you are getting out of the contract what you intended - a service to the citizens in the community who become consumers; this contract does not specify that. Mayor asked if he knew of any communities that have contracts like that and asked that he provide him a list of communities that we could contact. Dr. Mercer commented that once this contract is signed you lose oversight about the important things. Councilor Elmore asked how we go about establishing another oversight board or commission to review this type of operation —ambulance service. He would like to see members of the medical community, Fire Department, Police Department, and the community in large. City Attorney replied that you can put some committee in this agreement or pass a resolution setting out the title and responsibilities. Councilor Elmore said he would like to see something at the next Council meeting to establish an oversight ambulance service committee. Councilors Roberts-Burns and Barham agreed to place this on the next Council agenda. Ryan Matthews, 21281 FM 1954 Archer County, President and Director of Operations of TransStar, expressed numerous concerns with this resolution and pointed out industry standards and things that have been grossly over sighted. The issues to this contract he 185 Item 7a continued addressed were -the selection process was inefficient and poorly contrived; RFP was vague and mainly addressed fiscal money and general contractual issues related to the cost of providing the service; little if any effort was made to set expectations beyond response time by the ambulance; and the history failed to give well known facts. He addressed the MICU, rates, subsidy, exclusivity and choices, and competition. He stated that this contract was one- sided. Mayor asked Mr. Matthews to clarify his statement relating to people who choose not to call an ambulance because they do not have insurance. Mr. Matthews clarified that most people initiate 911 care when they see an emergency. The issue is when it becomes so cost prohibitive to people who are on low income or have life problems that have caused them financial life strife that they may be reluctant or slow to call an ambulance and this could have a negative outcome on patient care. Mayor asked him if he had any local data. Mr. Matthews replied that he did not because a survey has been done locally. Jim Jeffries, 5636 Kovarik, Paramedic, retired Los Angeles County fire fighter, addressed fire based EMS, how they operate and other related information. He suggested Council consider a fire based EMS system. Mr. Grady stated that all the concerns brought up today are of extreme importance and merit investigation as well as looking into an EMS board to oversee the industry. He would like that these concerns not delay the actual renewing of their contract presently. It has been two years since we have had a rate increase, and we would like to move forward and request that you approve our contract today to continue providing service for the community while some of these matters are investigated. Councilor Elmore stated that there had been a lot of information presented today and probably everybody still has a lot of questions. He would like to table this until some of this can be investigated and a little more information made available. Moved by Councilor Elmore to table the proposed resolution. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: Mayor Lyne Item 7b RESOLUTION NO. 149-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION'S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES' RATE CASE EXPENSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 149-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None r - 186 Item 7c RESOLUTION NO. 150-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING A 36 HOUR TIME LIMIT DURING THE CITY'S FISCAL YEAR THAT CITY PERSONNEL ARE REQUIRED TO MAKE COPIES OF PUBLIC INFORMATION, OR PRODUCE FOR INSPECTION OR DUPLICATION BY A REQUESTOR, WITHOUT RECOVERING ITS COSTS ATTRIBUTABLE TO THAT PERSONNEL TIME; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Gonzalez that Resolution No. 150-2007 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7d RESOLUTION NO. 151-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT WITH WICHITA COUNTY TO PROVIDE FOR THE PERFORMANCE OF MAGISTRATE SERVICES BY MUNICIPAL JUDGES AND THE ESTABLISHMENT OF A CENTRALIZED MAGISTRATE SUPPORT OFFICE BY WICHITA COUNTY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 151-2007 be passed. Motion seconded by Councilor Hatcher. Janice Sons, Justice of the Peace, Precinct 1, Place 1, addressed this issue and noted that someone would always be responsible and every day would be covered. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7e RESOLUTION NO. 152-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH STALEY, BAKER, MONSON AND PSA DEWBERRY TO COMPLETE A SPACE NEEDS ASSESSMENT FOR THE CONSTRUCTION OF A NEW CITY HALL AND POLICE DEPARTMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Resolution No. 152-2007 be passed. Motion seconded by Councilor Gonzalez. Councilor Smith asked if the County was going to join us on this. Assistant City Manager Matt Benoit informed that they have been approached but there is not a consensus 187 Item 7e continued about their facility as this Council has had about the future of our facility. City Manager stated that we had asked them and they declined. Councilor Barham asked if the Architect would decide the number of buildings. Mr. Benoit replied that he thought it would be a joint decision. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7f RESOLUTION NO. 153-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE LEASE FOR HOME SITES AT LAKE ARROWHEAD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Resolution No. 153-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7g RESOLUTION NO. 154-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE LEASE FOR HOME SITES AT LAKE KICKAPOO; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Barham that Resolution No. 154-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7h RESOLUTION NO. 155-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CHRISTMAS IN ACTION FOR FY 2007-2008; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 155-2007 be passed. Motion seconded by Councilor Gonzalez. 188 Item 7h continued Mr. Mark Masman, Executive Director of Christmas in Action, expressed appreciation for all the help they have received. Regarding the flood victims, they have only had one apply. He noted that the money cannot be used in the flood zone. Mr. Dave Clark emphasized that the programs the City is doing relating to flood victim relief, in particular those related to CDBG funds, cannot be used in flood plane areas and this is a real misconception. If you made a call to HUD and asked if you could use the funds in the flood plane areas, they would say yes because they do not mind that the City is liable, the General Fund, to pay everybody's flood insurance for the life of the asset. Unless the City Manager tells me to the contrary that is the stance we are taking. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 7i RESOLUTION NO. 156-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE LOG CABIN RENTAL AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Resolution No. 156-2007 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council recessed at 11:10 a.m. and reconvened at 11:20 a.m. Item 70 A public hearing was held to consider an amendment to the taxicab service franchise granted to Texhoma Transportation Incorporated dba Skylark Taxi to increase the number of vehicles authorized. Mayor declared the public hearing open. Mr. John Burrus informed that Skylark Taxi had requested an increase of vehicle permits from sixteen to twenty-five. Their peak time is between the hours of 2:00 a.m. and 5:00 a.m. on Saturday and Sunday mornings; wait times for franchise customers exceed one hour and forty-five minutes during peak times. Skylark had stated that their business had exceeded its initial expectations for the year in only three months of business. Mr. Burrus added that it is not in the best interest of the public transportation needs of the community since many of these passengers are nightclub patrons. Delays in providing them transportation may encourage some to drive while intoxicated. Staff recommends that Skylark be allowed the additional nine permits. Skylark and All American concur on the increase in permits for each other. Kevin Callahan, owner of Skylark Taxi thanked the Council for considering this item. He also stated that they made a mistake when they approached the Council with a request for sixteen permits. We are running a year ahead of what we anticipated. We have a second marketing effort and we are running at 100% capacity. 189 Item 70 continued Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 7k ORDINANCE NO. 94-2007 ORDINANCE AMENDING THE TAXICAB SERVICE FRANCHISE GRANTED TO TEXHOMA TRANSPORTATION INCORPORATED (SKYLARK TAXI) TO INCREASE THE NUMBER OF VEHICLES AUTHORIZED; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Roberts-Burns that Ordinance No. 94-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 71 A public hearing was held to consider an amendment to the taxicab service franchise granted to Davila Transportation dba All American Cab to increase the number of vehicles authorized. Mayor declared the public hearing open. Mr. John Burrus informed that the same analysis applied to All American Cab as it does to Skylark Taxi. All American Cab is requesting an increase in permits from seven to twelve. Staff recommends the increase. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 7m ORDINANCE NO. 95-2007 ORDINANCE AMENDING THE TAXICAB SERVICE FRANCHISE GRANTED TO DAVILA/ALL AMERICAN CAB TO INCREASE THE NUMBER OF VEHICLES AUTHORIZED; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Gonzalez that Ordinance No. 95-2007 be passed. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 8a Health Director Lou Franklin informed that on October 27 they will be offering flu vaccines at McNiel Jr. High School. The Transportation Department will be providing free rides from MLK Center and Huey Elementary School to and from McNiel Jr. High. 190 Item 8a continued City Manager referred to a picture in the Times Record of the new Wal-Mart with painted directional signs on their parking lot and the word "only" was misspelled. He wanted to clarify that the City did not paint those signs; he did not want City employees to be accused of doing that. Item 8b Councilor Roberts-Burns expressed concern about motorized wheelchairs being ridden on the streets especially in the medians as well as riding them at night without any lights. Chief Bachman stated that they should be treated like pedestrians and they should be on the sidewalks. He asked for locations, areas and times so he could have his officers talk to those folks. Mayor stated that this is done at different times and in different areas but the officers need to be aware and let them know. Councilor Elmore stated that he has noticed that at U.S. 287 in the area being repaired, people are going through there that are very aggressive and something needs to be done about that. Chief Bachman stated that they have been working that area and will see about trying another method. Councilor Elmore mentioned that there was a great article on Col. David Peterson, new Commander of ENJPT at SAFB. He enjoyed the article. Councilor Elmore mentioned the mosquito problem around Hawk Ridge between Ruidosa and the side streets in that area. Health has been out there and sprayed but it continues to be a bad situation. He mentioned an agreement with Hawk Ridge to put in a drainage ditch in that area and asked staff to look into that. Councilor Elmore referred to farming inside the City limits and mentioned a two-acre piece of property that is land locked where a person is farming out there. He asked that staff look into this. He wanted to know what the ordinance states in that regard. Mr. Clark informed that staff is already working on that. Councilor Barham complimented Mr. Matt Benoit on the progress of the Softball Complex and how well it was coming along. He felt it was going to be a great facility when it is completed. He agreed with the suggestion to name the facility the George Studdard Complex. City Manager stated that Mr. Jack Murphy would bring that to the Park Board and they would make a recommendation to the Council. Councilor Barham was glad to see that the Convention and Visitors Bureau position had been changed on our website to a more encompassing description instead of just two lines. He was also glad to see that the City was advertising it on the Texas Association of Convention and Visitors Bureau website. He knew it was going to be difficult to find a replacement for Mrs. Tawana Thomas, but for the economic future of this community he felt that needs to be something that is looked at with great care. Councilor Hatcher informed that he would not be able to attend the Police Department's Ceremony on Wednesday because he will be out of town. Councilor Hatcher referred to taxi cabs and stated that the City should not be in the business to dictate their business to them. He is glad that we are willing to let the market decide what is or is not going to work. Let them run their business; he is glad that the City is approaching it in that manner. Councilor Hatcher mentioned the MPEC and what a great facility it is and all the work that Mr. Bob Sullivan is doing in getting good events here. He encouraged everyone to take advantage of what we have there. He informed that the band Sugarland would be here November 9, and tickets to all events can be obtained online twenty-four hours a day seven days a week. Councilor Gonzalez agreed with Councilor Hatcher about the taxi cabs; it is a good approach for us to take. Councilor Gonzalez mentioned that the new Wal-Mart had an opening date of October 24, and asked staff if they knew what TXDOT's time frame was on putting in signal lights out there. City Manager informed that TXDOT expected to have those in at the end of November but are unable to get the steel poles because there is a shortage and delay on those poles so it will likely be the first of the year. 191 Item 8b continued Councilor Gonzalez was glad to see the new driveway into Kickapoo Airport completed after about a year; it gives it a better appearance instead of the dusty road that was there before. Councilor Smith encouraged everyone to attend the SAFB Air Show this Saturday. There will be a lot of events and things to see. Councilor Smith said they had received information several times about the Patriot Act and he asked Council to respond to the City Manager regarding their interest in bringing up the Patriot Act. He would like to have that brought up. Councilor Elmore stated that he would like to see that addressed and suggested a Council subcommittee to look at the wording in the Patriot Act and come up with suggestions for the Council. Councilor Smith volunteered to serve on such a committee. Mayor Lyne referred to the SAFB Air Show and stated that there has not been too many places where you can see the F22-Raptor. It is in our community right now and it is going to be a pretty remarkable demonstration. When they tested this aircraft at Nellis AFB it took about 30-45 seconds for the F22 Raptor to finish off the F16. The F22 Raptor is going to be the next fighter jet of the future. That in itself is enough to go to the Air Show. The history that you will be able to see on that day, from the Curtis Jenny all the way to the F22, is impressive; it is going to be one of the greatest shows and is unique to our City. He encouraged everyone to attend this show; there will be something for everyone out there. It is going to be something very special. Mayor Lyne mentioned the MLK Golf Tournament and stated that we need to make it grow. Mayor Lyne brought up the Gateway to Texas Golf Tournament supporting Child Advocates, and mentioned that two former PGA pros Rocky Thompson from Wichita Falls and Charles Cootey from Abilene participated. Mayor Lyne said that Charles Cootey was stunned at our construction in Weeks Park. Mr. Cootey said that there are not enough visionaries in Abilene to pull that off. Mayor commented that we should pat ourselves on the back for that. We are often compared to Abilene and that is from a guy who was born and raised there. He also built his own public golf course there because their course was such a disgrace that he felt he needed to step up and do something for his community. Mayor said it was fun to have them out there. Mayor Lyne felt it was very appropriate to name the softball complex after George Studdard. He was a great person because he did hold the line and dealt with a lot of angry people. It is not easy making all those folks happy who participate in our recreation programs. He was a neat guy. Mayor Lyne stated that the City has been in the Workforce Resource although we have not had strong representation on that board, but now with Jamie Moore, Emergency Management Preparedness Coordinator, on board we are represented there and it gives us a shot. A lot of the money that comes for Homeland Security goes through the North Texas Regional Planning and Workforce Resource and most of it goes to the surrounding communities and we do not always get our share, but now with Jamie Moore on board we have much better stable representation and there are a lot of things we can pursue more aggressively. Jamie is doing a great job. City Council adjourned at 11:55 a.m. PASSED AND APPROVED thisal&_day of 2007. L MAYO ATTEST: c Lydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, October 16, 2007 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1 . Call To Order 2. (a) Invocation: (b) Pledge Of Allegiance 3. Presentations (a) Proclamation — Fire Prevention Week — Fire Marshall (b) Presentation of Poster Contest Winners — Fire Marshall (c) Proclamation - National Business Women's Week — Wichita Falls Business & Professional Women (d) Proclamation — Red Ribbon Week — STAR Council on Substance Abuse — Wichita Falls 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval Of Minutes Of October 2, 2007 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes City Council Agenda Tuesday, October 16, 2007 Page 2 (a) Library Advisory Board, May 22, 2007 (b) Park Board, August 23, 2007 (c) Traffic Safety Commission, September 5, 2007 REGULAR AGENDA 7. Resolutions (a) Resolution Authorizing The City Manager To Execute An Agreement With American Medical Response Ambulance Service, Inc. For Ambulance Services In Wichita Falls (Council Bill #245) (b) Resolution Suspending The October 25, 2007 Effective Date Of Atmos Energy Corp.'s Requested Rate Change; Approving Cooperation With Atmos Cities Steering Committee; Requiring Reimbursement Of Cities' Rate Case Expenses (Council Bill #246) (c) Resolution Establishing A 36 Hour Time Limit During The City's Fiscal Year That City Personnel Are Required To Make Copies of Public Information, Or Produce For Inspection Or Duplication By A Requestor, Without Recovering Its Costs Attributable To That Personnel Time (Council bill #247) (d) Resolution Authorizing An Interlocal Agreement With Wichita County To Provide For The Performance Of Magistrate Services By Municipal Judges And For The Establishment Of A Centralized Magistrate Support Office By Wichita County (Council Bill #248) (e) Resolution Authorizing The City Manager To Execute An Agreement With Staley, Baker, Monson And PSA Dewberry To Complete A Space Needs Assessment For The Construction Of A New City Hall And Police Department (Council Bill #249) (f) Resolution Approving The Lease For Home Sites At Lake Arrowhead (Council Bill #250) (g) Resolution Approving The Lease For Home Sites At Lake Kickapoo (Council Bill #251) (h) Resolution Authorizing the City Manager to Execute a Contract with Christmas in Action for FY 2007-2008 (Council Bill #252) City Council Agenda Tuesday, October 16, 2007 Page 3 (i) Resolution Amending The Log Cabin Rental Agreement (Council Bill #253) 8. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 9. 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. 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 2007 at o'clock (a.m.)(p.m.). City Clerk ADDENDUM TO NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas To Be Held In The City Council Chambers Of The Memorial Auditorium On Tuesday, October 16, 2007, Beginning At 8:30 a.m. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore ADDENDUM TO REGULAR AGENDA 7. (j) Public Hearing to Consider An Amendment To The Taxicab Service Franchise Granted To Texhoma Transportation Incorporated (Skylark Taxi) To Increase The Number Of Vehicles Authorized (k) Ordinance Amending The Taxicab Service Franchise Granted To Texhoma Transportation Incorporated (Skylark Taxi) To Increase The Number Of Vehicles Authorized (Council Bill #254) (1) Public Hearing to Consider An Amendment To The Taxicab Service Franchise Granted To Davila/All American Cab To Increase The Number Of Vehicles Authorized (m) Ordinance Amending The Taxicab Service Franchise Granted To Davila/All American Cab To Increase The Number Of Vehicles Authorized (Council Bill #255) 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 Addendum to the notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of , 2007 at o'clock (a.m.)(p.m.). City Clerk