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Min 02/06/2007 f 17 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building February 6, 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 Jim Ginnings - Councilors Linda Ammons - 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 Kermit Tandberg, Associate Pastor, Faith Baptist Church, gave the invocation. Item 2b Councilor Gonzalez led in the Pledge of Allegiance. Item 3 Mr. Frank Hill, Electronic Instrument Technician II, Public Works, Wastewater Treatment Division, was recognized as employee of the month for February 2007. Mayor presented Mr. Hill with a plaque, a check, restaurant certificate, and theatre passes. Item 4 David Brock, 1819 Hines, stated that he wants justice in the Animal Control situation. This problem continues and he asked that this be resolved and that Animal Control comply with the Agriculture Code. Mayor stated that we will continue to look into that. Item 5 The Minutes were approved with a correction. 18 Items 6a-7q City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns that the Consent Agenda be approved. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 6a RESOLUTION NO. 12-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF LIGHTBARS, SIRENS AND SPEAKERS FROM BIG COUNTRY SUPPLY IN THE AMOUNT OF $28,722.89 AND VEHICLE PARTITIONS FROM GT DISTRIBUTORS IN THE AMOUNT OF $3,690.61, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6b RESOLUTION NO. 13-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AWARD OF BID FOR PORTABLE FENCE PANELS TO METTA TECHNOLOGIES, INC., IN THE AMOUNT OF $47,500.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6c RESOLUTION NO. 14-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF SEVENTEEN (17) IN-CAR VIDEO SYSTEMS THROUGH TEXAS BUILDING AND PROCUREMENT COMMISSION PURCHASING COOPERATIVE, FROM MOBILE-VISION, INC., IN THE AMOUNT OF $49,963.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 6d RESOLUTION NO. 15-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING A LICENSE AGREEMENT WITH THE YMCA OF WICHITA FALLS GRANTING EXTENDED RESERVATION PRIVILEGE FOR USE OF BALL FIELDS IN UNIVERSITY KIWANIS PARK AND LAKE WICHITA PARK FOR A SPRING AND SUMMER YOUTH BASEBALL LEAGUE IN 2007; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Items 7a-7q Minutes of the following board and commission meetings were received (a) TIF Reinvestment Zone #2 Committee —August 11, 2006 (b) Animal Shelter Advisory Committee — September 21, 2006 (c) MPO Technical Advisory Committee — October 4, 2006 (d) MPO Transportation Policy Committee — October 18, 2006 (e) Aviations Advisory Board — November 18, 2006 (f) Park Board — November 30, 2006 (g) Park Board — December 7, 2006 19 Item 8a A public hearing was held to determine if certain buildings and/or structures are to be declared dangerous. Mayor declared the public hearing open. Mr. Dave Clark informed that the structure at 2800 Colquit had been demolished by the owners and could be removed from the list. It was listed as No. 16 on the demolition list. Mrs. Rita Miller provided information on the demolition list List Item No. 2 - 702 Dallas is on Sheriff's Sale and Councilor Ginnings questioned what would happen if this property is purchased under Sheriff's Sale. Mr. Clark replied that Council action runs with the property. The folks involved in the sale are immediately notified that it is up for demolition. Staff will follow up on this. List Item No. 7 — 1400 N. Rosewood was addressed by Mr. Sirrommie L. Jones, 810 Flood Street. Mr. Jones informed that this property had been donated to his church. He would like ninety days extension to replace the roof and he would pay as much as he can of the taxes. He stated that he would tear down the storage building and rehab the other structure. Mayor informed Mr. Jones that he would be given ninety days and he will need to have a contractor obtain a Restoration Permit and comply with those requirements. He asked Mr. Jones to meet with Mr. Clark or Mrs. Miller so they can tell him what the requirements are that he will need to meet. Councilor Ginnings further explained that if he had not complied within those ninety days including the payment of taxes it would be demolished. Mr. Jones asked for six months to pay the taxes. Mayor told him he would have to make some arrangements. Mr. Dave Clark commented that the back taxes are a County issue. Mr. Jones informed that the structure is currently being used for storage but would eventually be used as a church. Mayor informed Mr. Jones that Council is agreeable to a 90 days Restoration Permit, however that does not take the property off the demolition list; if progress is not made it will be demolished. List Item 9 —601 Jefferson was addressed by Mr. Johnnie Bailey, 302 MLK Blvd. He stated that he wants the building condemned. He has thirty days to demolish it, and if he does not the City will demolish and bill Mr. Bailey. List Item 10 — 2810 Park View, was addressed by Melvin Feller, 914 Kiowa, Burkburnett. He requested a 90 day extension, will pay the taxes and secure the property. Mayor informed him that he has thirty days to take out a Restoration Permit. List Item 12 —2011 Giddings, Marvin W. Oster, 1500 25th Street requested 90 day extension to try to sell it. Mrs. Miller informed that it is appraised at $29,903 and it would take more than that to rehabilitate and bring it up to Code. Mayor informed that this would be demolished. List Item 14 — 3005 Avenue Q, Rick Neas, 1543 Norman requested 90 days to rehab. He is a contractor, and he purchased the lien against the house and if approved he would foreclose on the house. He would like to rehab the outside and take it off the list to have time to fix the inside. Mrs. Miller stated that they are requesting that a Certificate of Ownership date be given to so the neighbors know it is ready to be occupied. Mr. Neas stated that if that is the case he would not purchase the house. He mentioned that it would take him approximately one year to complete the inside. Councilor Ammons expressed concern about other work done by Mr. Neas on 8th Street and was not comfortable with a 90 day extension. She continued to receive calls from the neighbors about debris and other problems. City Attorney stated that Mr. Neas is not the owner of the property, and we would have to verify a right to issue him a permit if he is only a lien holder and not the property owner. Mayor was reluctant to give the 90 day extension. Councilor Elmore was okay with a 90 day extension. 20 Item 8a continued Mr. Neas commented that he would have to foreclose on the lien to obtain ownership. He did not want the 90 days as his time limit. Council will take action on this item when they consider the proposed ordinance. Item 4 - 709 Sullivan, LeRoy Cleaver, 1612 Red Fox, said he did not know what to do. Mayor explained that the City is asking that the structure be torn down either by him or by the City. If we tear it down we put a lien on it if the demolition invoice is not paid. Mr. Cleaver agreed. Councilor Roberts Burns will speak with Mr. Cleaver later. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 8b ORDINANCE NO. 10-2007 ORDINANCE FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; REQUIRING PROPERTY OWNERS TO DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY; 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.10-2007 be passed with the exception of Item 14, 3005 Avenue Q and Item 16, 2800 Colquit, as well as with the noted extensions in the Public Hearing to Item 7, 1400 N. Rosewood (main structure) and Item 10, 2810 Park View. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Moved by Councilor Elmore that Mr. Robert Neas, Item 14 -3005 Avenue Q, be given 90 days for a Restoration Permit, secure the property and exterior of building, and six months thereafter to obtain a certificate of occupancy, for a total of nine (9) months. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Councilors Ginnings, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: Mayor Lyne and Councilor Ammons City Councilor recessed at 9:45 a.m. and reconvened at 10:00 a.m. Item 9a A public hearing was held in accordance with Section 110-62 relating to All American Taxi Cab Service in Wichita Falls. Mayor declared the public hearing open. Mr. Matt Benoit informed that the number and frequency and legitimacy of complaints increased towards the later part of 2006 and we felt we had little choice but to put ourselves in the shoes of the taxi users. We did a taxi review by placing City staff in the cabs and discovered a number of things, mostly un-permitted vehicles being operated, overcharging, selective service, and meter issues. We have prepared ordinances that involve putting both cab companies on a six month probation, limiting the permits authorized, and continued violations and non-compliance of the ordinance would be grounds for revocation of franchise. He noted that the two taxi companies 21 Item 9a continued will be dealt with separately but the introduction is the same. Staff is available to answer questions. Claudio Ramirez, Sr., 2013 Elizabeth, owner of Davilla Transportation, felt that the City went at it the wrong way. City staff should have gotten into a cab at 3 a.m. with drunks and drug dealers that we have to put up with. They went through the cream of the crop. They have to go through a whole lot and I have seen a lot in all my years driving a cab. If somebody sees something wrong they let me know. We all have to have somebody to guide and correct us. We can stand by a driver until we get blue in the face and tell him to do it right but as soon as he leaves in his cab he is on his own. Blaming the company for what a driver does is not right. They don't have to listen to me. Mayor commented that in his business he is responsible for the actions of his employees because they represent him. Mr. Ramirez said that the City is trying to penalize us for what the drivers are doing and the City is the one who gives the drivers the permits. Whatever you want from the cab driver let us know. It is no guarantee they are going to be perfect. He added that he does not have a problem with picking up fares on the east side, west side or any part of the City. David Brock, 1819 Hines, asked if they are driving un-permitted cabs and not answering calls because they do not have enough cabs, why take more permits from them? City Clerk informed that in the past the two cab companies have not been utilizing the permits authorized under their franchise. Mayor added that Council has issued a certain number of permits for cabs to each cab company and they have not filled those permits. City Manager added that the staff's philosophy was that in the past we have had other companies that have wanted to seek a franchise and the Council has denied those requests because the thought was that the public convenience and necessity was being met and a part of that has to do with the number of outstanding permits. The thought was that if Council would, through this process, eliminate some of those permits because they are not being filled, it may open the door or opportunity for other companies to obtain a franchise. Staff recommendation is that it is time to open that door. Mr. Ramirez stated that during the holidays S..A.F. B. business decreases and the volume goes down but now it is coming back and we need more vehicles when it gets to full volume. The volume goes up and down, but if you reduce our permits we will have to come back and ask for an increase. Right now we need three or four vehicles. Councilor Ginnings clarified Mr. Brock's statement regarding the failure to service the east side was due to lack of cabs. That is not the allegation here. Dave Bjerk, 1216 31 st Street, drives for All American Cab, informed that they do go to the east side and there are a lot of good people there. We know where the trouble houses and areas are. We do service the east side. If we don't know them we don't service them because we know where the trouble is. Mayor asked how they knew that unless they service them. Mr. Bjerk stated that they know where the trouble is probably better than the Police Department. In some places it is just dangerous. There are certain areas on the south side that we do not service. If you reduce the number of permits we could not service the City of Wichita Falls with only seven vehicles. We need at least thirteen permits. The problem with getting more cabs is the insurance. It costs approximately $350.00 a month. Councilor Ginnings commented that what he heard was that because of the cost of insurance operating cabs are not permitted. The business will not support the cost of the insurance so they do not permit them, they just use them. I have some sympathy for public safety of these drivers and their passengers. What we have here are ordinances and regulations which are beyond the scope of the City on how we serve people regardless of anything else. What we are going to deal with is how we respond given all these factors. I understand what the man is saying. I also heard him say that they do not serve parts of the south side, and by stating that he admitted to the allegation in this report. We would hope to address that in a proper manner. Jose Ramirez, 910 N. Broadway, stated that some of those complaints are on special service vehicles owned by J. R. and Minnie Ramirez. When we dispatch a call to a cab; they have a two way radio in those cabs, and they dispatch them to the special service vehicles and we don't have knowledge of that. You put those complaints on us and you should bring J.R. Ramirez before the Council to explain his actions. They are the ones that put the special service vehicles out there as cabs. We have asked them not to use those special service vehicles as cabs but we have no control over them because we do not have the radios they have. Those white vans are J.R.'s special service vehicles. You need to have them explain that. Mayor said it starts with the call from your company and you are responsible. Why would a cab driver give up a fare? 22 Item 9a continued Jose Ramirez responded that Minnie Ramirez tells them to give them to the special service vehicles. They do not follow the City ordinances. We dispatch blue vans not white vans. J.R. Ramirez dispatches the white vans and we get the blame for it. Mayor stated that Council appreciates Mr. Jose Ramirez comments, and we may want to deal with special service vehicles as well and revoke permits if they are being abused. That is a part of what we can do if it is being abused, we can work from both ends. He informed Mr. Ramirez that it does start with a call to his company. Jose Ramirez informed that they try to correct that situation but J.R. and Minnie Ramirez do not listen to them; they do what they want to do. Chief Bachman informed that J.R. Ramirez has some blue cars under all American and when Jose Ramirez dispatches to the blue cabs in turn J.R. Ramirez dispatches his white special service vans. Mayor stated that we will have to address that issue as well. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. Item 9b ORDINANCE NO. 11-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCES #31-2005, PLACING DAVILLA TRANSPORTATION, INC. DBA ALL AMERICAN TRANSPORTATION ON SIX MONTHS PROBATION, REDUCING THE NUMBER OF VEHICLES AUTHORIZED UNDER THE FRANCHISE AND PROVIDING NOTICE OF FRANCHISE CANCELLATION WITH FURTHER VIOLATIONS OF SECTION 110 "VEHICLES FOR HIRE"; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Ordinance No. 11-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 10a A public hearing was held in accordance with Section 110-62 relating to Presidential Taxi Cab Service in Wichita Fails. Mayor declared the public hearing open. Mr. Matt Benoit stated that he did not have anything further to add except that the ordinance is structured largely the same; the only thing different is that Presidential has filled many of their available authorized permits between the time the audit was released and the last several days. That is the only difference. City Clerk informed on the time and number of vehicles permitted by Presidential. Jody Wade, owner of Prezo, Inc., addressed the various complaints and stated that they had provided 60,680 trips in 2006 and 5907 of those were within the east side of the City. He mentioned the various services they provide in the City. He explained some of the allegations and how they have since been corrected. He noted that he had also put rate schedules on the outside of their cabs. He commented that there are parts of the ordinance that have never been enforced and over night they have come up and being enforced. If I would have known that the rate cards were not posted in the cabs I would have corrected that. We should have been told that we did not have rate cards. He said he was upset when he found out that alcohol containers were found in one of his vehicles. I have corrected that so that drivers have their vehicles clean. He pointed out that 23 Item 10a continued one driver let a passenger have some alcohol that has been left in the vehicle by a previous passenger, he was not distributing. He informed that he is placing a sticker with information on where to call for unsafe driving of a vehicle. This will address erratic behavior by the cab drivers. He stated that Prezo, Inc. did not have any illegal vehicles during the audit; however, we were operating one van that had an illegal number of seats. It was a 15 passenger van and it had one too many seats in the rear. It should have 8 seats and it had 15 seats; it was our error that the seat was not removed. He said that the City Manager's commentary was not as serious as he stated because all of their cabs were licensed during the City's audit. The other cab company has had willful and intentional violations. The allegations against us are not willful and intentional; I will not allow cabs to run illegally. He stated that they are not overcharging and he mentioned several incidents. He added that sometimes the most expedient route is not the most direct route. That is somewhat unclear in the report. He noted that the S.A.F.B. trips do not originate at S.A.F.B. if the airmen are outside S.A.F.B., specifically across the street at the Stripes Convenience Store, not in the perimeters of the compound of S.A.F.B. He said they have never received a copy of a complaint given to City staff. He complained that the City does not send him a letter with complaints relating to his company. He said the open records requests he made in August and October did not show any complaints issued on Prezo, Inc or Presidential. He stated that the open records request in January showed five complaints since 2003 and they are unfounded and hearsay. The complaint process has a big problem. Any complaints that the City receives we should be notified so that we can address them. He stated that the last open records request cost them $406. City Attorney responded that the City responds to the requests made by the requestor by law for open records requests. To the extent that someone asks us for tons and tons of documents we are obligated to provide those and charge them accordingly. I am going to take offense if my office is accused of rendering a bill for$400 because we responded to a request from Mr. Wade and charged him according to law. City Clerk responded to Mr. Wade's accusation regarding complaints. I am not standing around listening to what people are saying and writing it down. What he asked for is what I provided him. I am a detailed person and make notes about many things, including information that is given in my office, and what he calls complaints are notes I made from information provided to me by several cab drivers. They were for my use and not formal complaints, however, he asked for everything including notes so that is what I provided in the open records request. It is definitely not something I am listening to, the cabbies make those comments, and it was not in the form of a complaint. That is the information he is read to Council. When there is a complaint I address it with Donald Stevens, Lewis Croomb, his managers, or Jody Wade. I am now taking the position that I will have to send information to him in writing by fax. Mr. Wade referred to the east side allegations. He offered his 60,000 trip sheets that he brought for Council's review. Every call is separated and highlighted. The report will show that we provided 5907 trips to the east side in 2006. These are only trips not calls for service that nobody showed up or was available. Those were paid trips. No reference to phone calls from MLK Blvd.; maybe it was an error on our dispatcher's part; I do not know but I could not find the phone call. We do respond at all times to all calls from the east side. He mentioned reference letters from east side businesses. We never violated this ordinance and those that we did violate were minor. We do not show favoritism. In conclusions, we have been in business for 13 years and have never received any letters of reprimand or wrong doing. We never replace vehicles until after the first of the year. He requested that Council vote against this ordinance. Councilor Gonzalez asked about the rate for$1/bag. Mr. Wade responded that it is for luggage. Councilor Gonzalez asked if it shouldn't be $1/bag after two bags, which is not the way he has it on his stickers. Mr. Wade agreed that it should be $1/bag after two and he will get it changed on the sticker. Councilor Gonzalez asked about background checks on drivers. Mr. Wade informed that the City does a background check on drivers. Councilor Roberts-Burns asked if he had a dress code for drivers. Mr. Wade responded that it is set out in the Ordinance and his drivers were not in violation of the dress code during the audit. Councilor Ammons asked Mr. Wade how many complaints he has received. Mr. Wade responded that he could not give a specific number but specific complaints are driver attitude problems. Many are driving behaviors. We get few complaints on where a driver has overcharged and we take quick action. I receive a copy of every complaint. Councilor Ammons said she had two complaints but did not turn them into the City. She addressed it with Mr. Wade personally. When we talk about complaints citizens do not know they 24 Item 10a continued can turn them in to the City. I think there are a lot of complaints that we are not aware of. Mr. Wade suggested that maybe we can put in a phone number for complaints in our cabs and put a City phone number to call. We will do that if you wish. Councilor Ammons stated that the complaints are one issue and addressing them are another issue. I think you are doing a good job of addressing the complaints today but I do not think you would have done that if we had not done an audit. It looks like you are hurrying to get these things done that were addressed in the audit I have a feeling you were aware of those complaints prior to the audit. Mr. Wade asked why she felt that way and insisted that it is not at all true. We have a duty to abide by the ordinance and make sure we abide by the ordinance and if we would have known that those rate cards were not in there I would have taken care of it. I think we had a little aggressive action. Councilor Ammons stated that she was charged and the limo did not have air conditioning. Mr. Wade said that he did not charge her and asked to see her cancelled check. Councilor Ammons mentioned another incident where a doctor was being recruited here by the Eastside Clinic, and a Presidential taxi was called. The driver was 45 minutes late picking up the fare and the cab was nasty. The doctor missed his flight and was so angry at the cab company that he took it out on American Airlines and ended up having to rent a car to get to Dallas, and he will never return to Wichita Falls. They now have a policy in place that they will not call a cab. When we have a complaint we take it to you, however, if we knew we could have turned it into the City. We are not knowing what kind of complaints you are getting and taking corrective action. Mr. Wade replied that if the City receives a complaint they should notify me. We need to be aware of them to fix the problem. Councilor Ammons hopes that Mr. Wade is taking corrective action every day instead of after an audit. Mr. Wade responded that they will strive to do their best. Councilor Ginnings asked if he pays for the police background check. Mr. Wade responded in the affirmative; the City's background check would be the $15 we pay the City Clerk. But in addition, to get into S.A.F.B. we send them to Sheriff's Department and we have to send fingerprint cards to Austin, and then they receive a base permit. Sometimes we pay the $40 and sometimes the driver pays it. We can only get 20 permitted drivers on the Base. Mayor stated that he hopes that it was not Mr. Wade's intention that because the airmen walk off base to the Stripes that it is okay to charge them more than the $18. We can change the ordinance to make it read to the letter of the law. Mr. Wade stated that the way the ordinance is written if they leave S.A.F.B. we have to run the meter. We want a clear direction and perimeters from Council. Mayor stated that we can fix that. Gene Douglass, representing Presidential, stated that there is one legal issue staff should look at on the recommended action. This public hearing has been to investigate complaints about violations of Chapter 110, and the City recommends action to place a cab company under probation, among other issues. There is something Mr. Sullivan has to figure out, and that is the issue of Section 110-1 that refers to paying a fine for a violation. The punishment is a fine but after events arose the City does not intend to set a fine but issue a more serious punishment. Mr. Sullivan needs to figure out whether there is power under this ordinance to issue a punishment different than what it calls for. City Attorney stated that throughout our Code there is reference to Sec. 114 and a penalty clause to violating sections of City ordinances. I am satisfied that this Council who issued this franchise has the authority to put this franchise on probation and at some point, with notice, to revoke it. To say the only remedy is to go after this violation with a criminal penalty and fine and not address this franchise that this Council authorized, I disagree. The issue today is whether you want to put them on probation and you have the authority to do or to reduce the number of permits. I am satisfied with the format and the manner in which it was presented to the Council. Councilor Ginnings wanted to know if staff has any response to Jody's statements. Mr. Benoit stated that it would not serve any public benefit. I do not think it would be of benefit to Jody or to us. I am glad he is complying with the reference he made to the rate cards. We set out to seek compliance, and where there are complaints to make them comply with the ordinance. If this issue were only about rate cards, we would not be here; it is about more serious issues. If he thinks the intent of what we set out to do was only about rate cards he sorely misunderstood. Councilor Ginnings asked staff to comment on validating complaints during the revocation period. Mr. Benoit stated that Council is the governing body and you are the ones that can grant or take away that franchise. You would be the ones to see the burden of proof and how serious it is. 25 Item 10a continued Mayor asked if we were going to wait for public complaints or more audits. Mr. Benoit replied that we are definitely into this and we have an obligation to review again. Councilor Ginnings commented that he thought it was implied if there was a revocation; it would be handled through a public hearing such as this. Mr. Benoit agreed. Councilor Hatcher asked what was meant by the probation, the ramifications. He commended Mr. Wade for permitting all his vehicles prior to this meeting just in case we were going to slam the doors and say he could only have what he permitted. Good job in doing that. Good move on that. Since we are not going to take away his ability to take his permits, what is the probation? City Manager replied that the Council still has the authority to remove permits that he took out yesterday, whether it is ten or however many although he has come in at the tenth hour. Councilor Hatcher stated that he is for less government. City Manager continued that the thought behind probation is to come back to Council at a later point, if there are violations, with a public hearing and an ordinance to make tough decisions including revocation of the franchise. We wanted to give them due process to address these issues. We are going to see if they follow through and if not we will be back with a public hearing and an ordinance that would include a possible revocation of franchise. Councilor Hatcher commented that this is serious situation. What I would like to see is that everybody needs to do the best they can. Be honest and have clean cabs and play it by the letter of the law. 1 am saddened that we lost a potential doctor because of the cabs and that shows we have a cab problem here. It is bad that we are running potential doctors off. You guys need to go forward and follow the perimeters. We need to do better for the City and the perception of the City. Let's do the best that we can. Councilor Gonzalez asked if we were to leave the cab permits as they are, do we have the right to issue permits to other potential cab companies. City Attorney, replied in the affirmative, and added that they would have to file an application and they would have to prove the public convenience and necessity. Councilor Gonzalez had a problem with that because he felt that a person should be able to go into business if he wants to. City Attorney stated that the Council's authority is based on giving them a franchise because there is a public convenience and necessity. If the current permits are not sufficient to meet public convenience and necessity, there would be an opportunity for Council to issue other permits. Previously Jody and others have stated that there was not a demand for those services. Councilor Gonzales stated that he still has a problem with that and not allowing a person to go into business. City Attorney explained that is the way the ordinance is written and that is the way most cab ordinances are written. There are some that do not use public convenience and necessity and basically anyone that wants to go into business can. This City and like most cities in Texas is based on finding of public convenience and necessity for those operations. City Manager stated that in the ordinance before you, Section 3 talks about current franchise operations not serving in the public's best interest to the citizens. To me that means it makes it easier to meet the burden of proof for a new company to come before Council and request an additional franchise. That was part of our philosophy in drafting the ordinance before you; to say that the two companies we have out there now may not be meeting public convenience and necessity. Whereas in the past we talked more about the number of outstanding permits he had and how many they had and how many were filled and unfilled. We had games with folks who did not want to release those permits. That was our point in putting that section in the ordinance as well. In the past the argument from the incumbent cab companies was always "that there is not enough business for another cab company" and the reason was that, "I have X number of permits available and I am only able to fill half of those". That was always the argument used and portrayed and that was also the reason for cutting those excess permits off that are not being used. Upon request from the Mayor, the City Clerk gave dates and number of cabs permitted to Presidential. Mayor called for additional public comments. There being none, Mayor declared the public hearing closed. 26 Item 10b ORDINANCE NO. 12-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE #64-2004, PLACING PREZO, INC. DBA PRESIDENTIAL TRANSPORTATION ON SIX MONTHS PROBATION, REDUCING THE NUMBER OF VEHICLES AUTHORIZED UNDER THE FRANCHISE AND PROVIDING NOTICE OF FRANCHISE CANCELLATION WITH FURTHER VIOLATIONS OF SECTION 110 "VEHICLES FOR HIRE"; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Mayor pointed out that Section 2 required a number to be placed in the blank. Moved by Councilor Ammons that Ordinance No. 12-2007 be passed. Motion seconded by Councilor Ginnings, Councilor Ammons suggested the number of permits be 18 including the six month probation. Moved by Councilor Ginnings that the following substitute motion be passed: The amount of permits to Presidential be reduced to the amount coming into this year, which is ten, and that there be no probationary period. Substitute motion failed for lack of a second. Councilor Ammons clarified that her motion included 18 permits including the six month probation period. Original motion failed by the following vote. Ayes: Councilors Ginnings and Ammons Nays: Mayor Lyne, Councilors Roberts-Burns, Hatcher, Gonzalez, and Elmore Moved by Councilor Gonzalez that 29 permits be authorized to Presidential including the six month probation. Motion seconded by Councilor Roberts-Burns and carried by the following vote. Ayes: Mayor Lyne, Councilors Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: Councilor Ginnings City Council recessed at 11:55 a.m. and reconvened at 12:05 p.m. Item 11 a ORDINANCE NO. 13-2007 ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF WICHITA FALLS, TEXAS WATER AND SEWER SYSTEM PRIORITY LIEN REFUNDING REVENUE BONDS, SERIES 2007; PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BONDS; APPROVING A BOND PURCHASE AGREEMENT, AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; APPROVING AN OFFICIAL STATEMENT; CALLING FOR REDEMPTION PRIOR TO MATURITY CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE; AND AUTHORIZING AND ENACTING OTHER MATTERS AND PROVISIONS RELATING TO THE SUBJECT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Ordinance No. 13-2007 be passed. 27 Item 11a continued Motion seconded by Councilor Hatcher. Murphy Davis, City's Financial Advisor provided background and current bond issue information. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 11d was moved up on the agenda and considered at this time. Item 11d ORDINANCE NO. 16-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, AT ARTICLE II, BUILDING CODES; AMENDING CONTRACTOR FEES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Elmore that Ordinance No. 16-2007 be passed. Motion seconded by Councilor Ginnings and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 1le was moved up on the agenda and considered at this time. Item 11e ORDINANCE NO.17-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, REZONING 2800 HOLLYWOOD AVENUE AND ADJACENT RIGHT-OF- WAY FROM SINGLE FAMILY-2 TO LIMITED COMMERCIAL AND AMENDING THE LAND USE PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Moved by Councilor Hatcher that Ordinance No. 17-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None City Council recessed at 12:35 p.m. and reconvened at 2:15 p.m. 28 Item 11 b ORDINANCE NO. 14-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, GRANTING A FRANCHISE AGREEMENT TO ATMOS ENERGY CORPORATION TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF WICHITA FALLS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Elmore that Ordinance No. 14-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 11 c ORDINANCE NO. 15-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR RYAN WHITE TITLE III GRANT FUNDING IN THE AMOUNT OF $65,343 RECEIVED FROM TARRANT COUNTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING SAME; 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. -2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 11 f ORDINANCE NO. 18-2007 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, OFFICIALLY CHANGING THE NAME OF AVENUE Z TO MAPLEWOOD AVENUE AND CHANGING THE NAME OF TRADE AVENUE TO MAPLEWOOD AVENUE; 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. 18-2007 be passed. Motion seconded by Councilor Elmore and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 29 Item 12a RESOLUTION NO. 16-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH AETC HOUSING L.P. THAT PROVIDES MUNICIPAL SERVICES AS PART OF THE MILITARY HOUSING PRIVATIZATION INITIATIVE; 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. 16-2007 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12b RESOLUTION NO. 17-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF A REFUSE TRUCK CAB & CHASSIS THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM FROM CHASTANG'S BAYOU CITY FORD IN THE AMOUNT OF $115,438.00; AND FROM HEIL OF TEXAS FOR THE AUTOMATED CURBSIDE COLLECTION BODY IN THE AMOUNT OF $98,027.68 AND MAKING A BUDGETARY APPROPRIATION IN THE SANITATION FUND FOR THIS PURCHASE; 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. 17-2007 be passed. Motion seconded by Councilor Ammons and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12c RESOLUTION NO. 18-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF 1,200 YARD WASTE CARTS AND 1,200 REFUSE CARTS FROM REHRIG PACIFIC COMPANY, IN THE AMOUNT OF $116,832.00, THROUGH THE BUY BOARD PURCHASING COOPERATIVE AND MAKING A BUDGETARY APPROPRIATION IN THE SANITATION FUND FOR THIS PURCHASE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ammons that Resolution No. 18-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None 30 Item 12d RESOLUTION NO. 19-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, DETERMINING THE LOCATION OF FIRE STATION #8; 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.19-2007 be passed. Motion seconded by Councilor Ammons. Council concurred that the blank in Section 1 will read as follows: Fire Station #8 will be relocated to the west entrance road into South Weeks Park. Motion carried with that insertion by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12e RESOLUTION NO. 20-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SECORD AND LEBOW ARCHITECTS FOR ARCHITECTURAL SERVICES; 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.20 -2007 be passed. Motion seconded by Councilor Ammons. Councilor Ammons stepped out of Council Chambers. Motion carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12f RESOLUTION NO. 21-2007 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENCROACHMENT AGREEMENT WITH TALON LPE, 707 N. WALNUT AVENUE, SUITE 208, NEW BRAUNFELS, TX, 78130 FOR AN ENCROACHMENT AGREEMENT INTO THE CITY'S RIGHT-OF-WAY AT EFM-OLD GENERAL STORE, 2400 BROOK AVENUE AND ARDATH STREET, WICHITA FALLS, TX, FOR THE PURPOSE OF INSTALLING PIPING WITH A DIRECTIONAL BORING MACHINE FOR A RECOVERY WELL TO BE UTILIZED IN THE RECOVERY OF CONTAMINANTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Ginnings that Resolution No. 21-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. 31 Item 12f continued Ayes: Mayor Lyne, Councilors Ginnings, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Councilor Ammons returned to Council Chambers. Item 12g RESOLUTION NO. 22-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO APPROVE AN ENGINEERING SERVICES CONTRACT WITH CAMP, DRESSER & MCKEE FOR THE LAKE ARROWHEAD RAW WATER TRANSMISSION LINE CONDITION ASSESSMENT PROJECT; 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. 22-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12h RESOLUTION NO. 23-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO AWARD BID AND CONTRACT FOR THE RIVER ROAD WASTEWATER TREATMENT PLANT ODOR ABATEMENT PROJECT, CWF06- 550-12 AND MAKING A BUDGETARY APPROPRIATION IN THE WATER AND SEWER FUND IN THE AMOUNT OF $294,687.00 FOR THIS PROJECT; 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. 23-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 12i RESOLUTION NO. 24-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MULTI-PURPOSE DIRECTOR AND CITY MANAGER TO ESTABLISH RENTAL RATES FOR FACILITIES AT THE MULTI-PURPOSE EVENTS CENTER; 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. 24-2007 be passed. Motion seconded by Councilor Gonzalez and carried by the following vote. 32 Item 12i continued Ayes: Mayor Lyne, Councilors Ginnings, Ammons, Roberts-Burns, Hatcher, Gonzalez, and Elmore Nays: None Item 13a City Clerk provided election information. City Clerk reminded that the City Board/Commission member appreciation luncheon would be held Wednesday, February 7 at MPEC. Item 13b Councilor Roberts-Burns thanked everyone that attended the MILK Breakfast, es well as those who helped, especially the Public Information Office. Councilor Elmore informed that there would not be a District 5 meeting this month but the Mayor will hold his town hall meeting February 15 at John Tower School. Councilor Ginnings requested a reverse osmosis report for the public. Mr. Scott Taylor provided information on the reverse osmosis plant. Councilor Ginnings asked for a report on the pigeon control. City Manager informed that TXDOT is working on a bid contract. Our responsibility will be the installation. We will try to keep this project moving along. Councilor Hatcher was glad the fire station location was decided. Councilor Gonzalez attended the Harlem Globe Trotters game and said it was great and there were no problems. He did express concern about the lines for tickets that had been called in. He suggested a separate line for those who called in tickets ahead of time. Mr. Bob Sullivan stated that for future events they would get a line designated for tickets that are called in. Councilor Ammons received a citizen call about a trash truck that had paint coming out of it where it had apparently been compressed. The citizen called the landfill to see if they took the liquid form and they do not. People will put paint in the trash cans and dispose of it that way. . The landfill does not take liquid. She asked if disposing of liquid paint was environmentally safe and do we have an alternative? Mr. Scott Taylor informed that we do not. We have discussed planning an annual environmental hazardous disposal where we would dispose of the material, but we would have to pay for that, and have not budgeted. There are several items that are not supposed to be disposed of in the trash and paint in liquid form is one. We cannot see the loads and we do not find it until we begin to compress the load and it is a mess. He asked residents not to put paint or motor oil in the trash. We need to look at putting on a program to remove the temptation of putting it in the trash or dumpster. City Manager stated that we will look at partnering with someone who is properly disposing of that type of material. Mayor asked that staff take a hard look at that and see what we can do about it. Mayor received a letter from a lady in New York who was stranded at Municipal Airport along with other passengers, and she commended Mrs. Monica Morris, Airport Administrator, for rescuing those stranded passengers at Municipal Airport. Mayor expressed appreciation to Mrs. Morris for her thoughtfulness and dedication. 33 City Council adjourned at p.m. 3:50 p.m. PASSED AND APPROVED this day of 2007. MAYOR ATTEST: 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, February 6, 2007, Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda Ammons, Dorothy Roberts-Burns, Rick Hatcher, Ray Gonzalez, and Charles Elmore. 1 . Call to Order 2. (a) Invocation: Kermit Tandberg Associate Pastor Faith Baptist Church (b) Pledge of Allegiance 3. Presentation Employee Of The Month — Public Works - Frank Hill 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 January 16, 2007 Regular Meeting of the Mayor and City Council. CONSENT AGENDA 6. Resolutions (a) Resolution Authorizing Award Of Bid For The Purchase Of Lightbars, Sirens And Speakers To Big Country Supply In The Amount Of $28,722.89 And To GT Distributors For The Purchase Of Vehicle Partitions In The Amount Of $3,690.61 . (Council Bill #22) City Council Agenda Tuesday, February 6, 2007 Page 2 (b) Resolution Authorizing Award Of Bid For Portable Fence Panels To Metta Technologies, Inc., In The Amount Of $47,500.00. (Council Bill #23) (c) Resolution Authorizing The Purchase Of Seventeen (17) In-Car Video Systems, Through Texas Building And Procurement Commission (TBPC) Purchasing Cooperative, In The Amount Of $49,963.00. (Council Bill #24) (d) Resolution Authorizing A License Agreement With The YMCA Of Wichita Falls Granting Extended Reservation Privilege For Use Of Ball Fields In University Kiwanis Park And Lake Wichita Park For A Spring And Summer Youth Baseball League In 2007. (Council Bill #25) 7. Receive Minutes (a) TIF Reinvestment Zone #2 Committee, August 11 , 2006 (b) Animal Shelter Advisory Committee, September 21 , 2006 (c) MPO Technical Advisory Committee, October 4, 2006 (d) MPO Transportation Policy Committee, October 18, 2006 (e) Aviation Advisory Board, November 18, 2006 (f) Park Board, November 30, 2006 (g) Park Board, December 7, 2006 REGULAR AGENDA 8. (a) Public Hearing to Determine if Certain Buildings and/or Structures to be Dangerous. (b) Ordinance Finding Certain Buildings And/Or Structures To Be Dangerous; Requiring Property Owners To Demolish Said Buildings And/Or Structures Within Thirty (30) Days Of The Date Of This Ordinance And Declaring An Emergency; Finding And Determining That The Meeting At Which This Ordinance Was Passed Was Open To The Public As Required By Law. (Council Bill #26) 9. (a) A Public Hearing In Accordance With Section 110-62 Related To All American Taxi Cab Service In Wichita Falls (b) An Ordinance Amending Ordinances #31-2005, Placing Davilla Transportation, Inc. DBA All American Transportation On Six Months Probation, Reducing The Number of Vehicles City Council Agenda Tuesday, February 6, 2007 Page 3 Authorized Under The Franchise And Providing Notice Of Franchise Cancellation With Further Violations Of Section 110 "Vehicles For Hire" (Council Bill #27) 10. (a) A Public Hearing In Accordance With Section 110-62 Related To Presidential Taxi Cab Service In Wichita Falls (b) An Ordinance Amending Ordinances #64-2004, Placing Prezo, Inc. DBA Presidential Transportation On Six Months Probation, Reducing The Number of Vehicles Authorized Under The Franchise And Providing Notice Of Franchise Cancellation With Further Violations Of Section 110 "Vehicles For Hire" (Council Bill #28) 11. Ordinances (a) Ordinance Authorizing The Issuance And Sale Of City Of Wichita Falls, Texas Water And Sewer System Priority Lien Refunding Revenue Bonds, Series 2007; Providing For The Security For And Payment Of Said Bonds; Approving A Bond Purchase Agreement, An Escrow Agreement And A Paying Agent/Registrar Agreement; Approving An Official Statement; Calling For Redemption Prior To Maturity Certain Outstanding Obligations Of The City; Declaring An Emergency And Providing An Effective Date; And Authorizing And Enacting Other Matters And Provisions Relating To The Subject. (Council Bill #29) (b) Ordinance Granting A Franchise Agreement To Atmos Energy Corporation To Construct, Maintain And Operate Pipelines And Equipment In The City Of Wichita Falls. (Council Bill #30) (c) Ordinance Making An Appropriation To The Special Revenue Fund For Ryan White Title III Grant Funding In The Amount Of $65,343 Received From Tarrant County And Authorizing The City Manager To Execute A Contract Accepting Same. (Council Bill #31 ) (d) Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Amending Part II Of The Code Of Ordinances At Chapter 22, Buildings And Building Regulations, At Article II, Building Codes; Amending Contractor Fees. (Council Bill #32) (e) Ordinance Rezoning 2800 Hollywood Avenue And Adjacent Right-Of-Way From Single Family-2 To Limited Commercial And Amending The Land Use Plan. (Council Bill #33) City Council Agenda Tuesday, February 6, 2007 Page 4 (f) Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Officially Changing The Name Of Avenue Z To Maplewood Avenue And Changing The Name Of Trade Avenue To Maplewood Avenue. (Council Bill #34) 12. Resolutions (a) Resolution Authorizing The City Manager To Execute An Agreement With AETC Housing L.P. That Provides Municipal Services As Part Of The Military Housing Privatization Initiative. (Council Bill #35) (b) Resolution Authorizing The Purchase Of One (1) Refuse Truck Cab & Chassis From Chastang's Bayou City Ford And One (1 ) Automated Curbside Collection Body From Heil Of Texas Through The Houston-Galveston Area Council Of Governments Cooperative Purchasing Program And Making A Budgetary Appropriation In The Sanitation Fund For This Purchase. (Council Bill #36) (c) Resolution Authorizing The Purchase Of 1,200 Yard Waste Carts And 1,200 Refuse Carts From Rehrig Pacific Company, Through The Buy Board Purchasing Cooperative And Making A Budgetary Appropriation In The Sanitation Fund For This Purchase. (Council Bill #37) (d) Resolution Determining The Location Of Fire Station #8 (Council Bill #38) (e) Resolution Approving A Professional Services Agreement With Secord And Lebow Architects For Architectural Services. (Council Bill #39) (f) Resolution Authorizing The City Manager To Execute An Encroachment Agreement With Talon LPE, 707 N. Walnut Avenue, Suite 208, New Braunfels, TX, 78130 For An Encroachment Agreement Into The City's Right-Of-Way At The EFM-Old General Store, 2400 Brook Avenue, Wichita Falls, TX, For The Purpose Of Installing Piping With A Directional Boring Machine For A Recovery Well To Be Utilized In The Recovery Of Contaminants. (Council Bill #40) (g) Resolution Approving Engineering Services Contract To Camp Dresser & McKee, Inc. for the Lake Arrowhead Raw Water Transmission Line Condition Assessment Project. (Council Bill #41) City Council Agenda Tuesday, February 6, 2007 Page 5 (h) Resolution To Award Bid And Contract For The River Road Wastewater Treatment Plant Odor Abatement Project - Project No. CWF06-550-12 And Making A Budgetary Appropriation In The Water And Sewer Fund In The Amount Of $294,687.00 For This Project. (Council Bill #42) (i) Resolution Authorizing The City Manager and MPEC Director To Establish Rental Rates And Fees For Facilities At The Multi- Purpose Events Center. (Council Bill #43) 13. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 14. 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