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Min 11/15/2011 317 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building November 15, 2011 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. Glenn Barham - Mayor Dorothy Roberts-Burns - Mayor Pro Tern Michael Smith - Councilors Annetta Pope - Rick Hatcher - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley City Attorney Myrna Marks - Deputy City Clerk Mayor Barham called the meeting to order. Item 2a Reverend Paul Goodrich of First United Methodist Church gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3a A presentation was made via Skype between the City of Wichita Falls and Sister City Furstenfeldbruck, Germany. German Air Force Lt. Col. Willi May, stationed at SAFB, gave a brief history of this partnership, noting that it began in 1984-1985. The German delegation was present in the audience. Mayor Barham presented the City of Wichita Falls flag. and Lt. Col. Willi May presented the City of Furstenfeldbruck flag with the Bergermiester (Mayor) Sepp Kellerer and German contingency responding via Skype. Appreciation was expressed by both Mayors. Lt. Col. Willi May translated for Bergermiester Kellerer and German contingency. Item 3b Mayor Barham proclaimed November 15, 2011 as "Sister City Day in Wichita Falls" renewing the bonds of friendship and partnership and encouraged everyone to keep these bonds strong and vibrant. Bergermiester Kellerer expressed appreciation for the offer and chance to renew this partnership and encouraged the exchange of students as a way to experience this partnership. 318 Item 3c Mayor proclaimed November 13-26, 2011 as "Youth Appreciation Week" noting that the Wichita Falls Optimist Club and Sunrise Club join with nationwide members in paying tribute to our fine youth in our nation by supporting more than 65,000 projects benefitting six million youth. Wichita Falls Optimist Club and Sunrise Club representatives, Matthew English and Paul Hopkins accepted the proclamation. Item 4 Cindy Parish, owner, American Thrift Corp., 715 10th Street, requested that the City reconsider her claim regarding a sewer problem and the statute of limitations. Mayor asked Mrs. Parish to leave her information with the Clerk. He directed that staff look into this and provide Council with a follow-up with a report on their findings. Item 5 Minutes of the November 1, 2011 Council Meeting were approved as distributed. Items 6a-7i 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 Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 6a RESOLUTION NO. 99-2011 Resolution Awarding Bid For The Purchase Of Portable Fence Panels To Metta Technologies, Inc., In The Amount Of$97,500 Item 6b RESOLUTION NO. 100-2011 Resolution Authorizing A Conflict Of Interest Waiver For A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs Item 6c RESOLUTION NO. 101-2011 Resolution Authorizing The Purchase Of A Hydraulic Track Excavator Through The Buy Board Purchasing Cooperative From Warren Cat In The Amount Of $291,344.52 Items 7a-i Minutes of the following boards and commissions were received. (a) Civil Service Commission, February 24, 2011 (b) MPO Technical Advisory Committee, July 6, 2011 (c) MPO Transportation Policy Committee, July 27, 2011 (d) MPO Transportation Policy Committee, August 24, 2011 (e) Wichita County Wichita Falls Public Health Board, August 26, 2011 (f) Library Advisory Board, September 20, 2011 (g) Park Board, September 22, 2011 (h) Landmark Commission, September 27, 2011 (i) Traffic Safety Commission, October 5, 2011 319 Item 8 A public hearing was held on Local Option to Tax Tangible Personal Property In Transit. Mayor declared the public hearing open. Mr. Jim Dockery provided the following background information. The Texas State Legislature in 2007 passed this legislation; however in 2011 the State has narrowed down the list of goods and inventories for property tax exemption which were previously taxed. The City's tax attorney, Perdue, Brandon Fielder Collins, Mott, LLP recommends that the City tax the goods and move forward. The County Appraisal Office is unable to determine how much of a loss would occur due to the nature of the `in transit'. There is also the potential for abuse and/or a loophole if a business decides to move their inventories within the required time frame to avoid taxation. Councilor Hatcher asked if we were aware of any negative economic impact on businesses within other cities. Mr. Dockery did not have any specific feedback but if it becomes an issue Council can readdress this in the future. Councilor Ingle questioned if businesses are practicing deception in hiding inventory, and even if they were, do we have the manpower to monitor it? It does not make good business sense to hold inventory. Mr. Dockery pointed out that the requirements for administratively adhering to this process would be the responsibility of the Appraisal District. Mayor called for additional comments. There being none Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 66-2011 Ordinance To Tax Tangible Personal Property In Transit, Which Would Otherwise Be Exempt Pursuant To Texas Tax Code § 11.253 Moved by Councilor Roberts-Burns that Ordinance No. 66-2011 be passed. Motion seconded by Mayor Barham and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ward Nays: Councilor Ingle Item 9b ORDINANCE NO. 67-2011 Ordinance Amending Divisions 2 And 3 Of Article VIII Of Chapter 48 Of The Code Of Ordinances Of The City Of Wichita Falls To Redesignate Fees In Sections 48-90 Through 48-94 And Modify Vacuum Truck, Grease Trap Permit, And Late Fees, Moving Grease Trap Permit Fees From Chapter 106 Of The Code To The Fee Chapter, And Providing For Codification Moved by Councilor Roberts-Burns that Ordinance No. 67-2011 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None 320 City Council recessed at 9:25 a.m. and reconvened at 9:45 a.m. Item 9c A proposed ordinance was presented to amend Subsection (b) (3) of Section 26-765 of the Code of Ordinances relating to wrecker service requirements. Moved by Councilor Pope that proposed ordinance be passed. Motion seconded by Councilor Ingle. Wrecker Service owners addressed the following concerns. Gary Martin,1304 30th Street, Cantu Towing, is a newcomer and is not on the rotation list, but he agrees that there is a need for MDT trucks with a boom or winch because you can't get a semi-truck into some places. Rollbacks are capable but not always available & very few people have them. The MDT is mainly for safety and causes less traffic congestion. Mike Freeman, 1514 Rita Lane, Iowa Park, informed that when he applied to be on the City's rotation, he was told that he needed an MDT with a boom so he purchased one. It has cables, winches and it can do a lot of recovery work that a rollback cannot. We do need MDT's. He has used his MDT with the City five times without the need to call for a rollback. Mayor confirmed that the inspection process will not be changed; it is not a part of the ordinance. Al Palmatary, 2216 Sheppard Access Rd, has been in business fifty years and stated that boomers are very important, especially as an intermediate truck and for safety purpose. Rollbacks will not do it; wreckers don't recover, they can but it is very awkward. Time, money, cost of doing the job are issues. He wanted to know why requirement of boomers was not enforced on the other three companies during inspection. He stressed that the ordinance requires MDT with boom but companies have not been adhering to it. He requested that preference also be addressed. Jody Wade, 7712 Hwy 79, commented that his competitors are using the government to cause hardships. His companies do not have MDT with booms but they are able and capable of getting the job done, every time. A heavy duty truck with a boom can do the same job that a MDT with a boom can do; it is safe, faster and efficient. He felt it was more important to be properly staffed because trucks do not solve problems, people do. He suggested streamlining one piece of equipment with another piece of equipment that is more universal and efficient. We are not asking for anything to be unfair, if they want to use their MDT then we should have the right to use the equipment that we think works best for us. He is in support of this ordinance; there is nothing a MDT with boom can do that a HDT with boom cannot do while the same rate is being charged for a MDT. Mayor Barham emphasized that this ordinance is what is being discussed, not inspections or tax issues. Councilor Hatcher asked several questions and made comments regarding relevancy of a MDT with a boom in the wrecker business; as well as recovery. Police Chief gave background on improper inspections mentioned earlier, which have been corrected. Police Chief provided information on how they dispatch, noting that they do not request certain trucks; they just inform the company about the situation. Chief Bachman informed that a rollback is just a car carrier. MDT with a boom and HDT with boom may be equal if you don't overload, but one problem is HDT cannot get into some locations, they are too big. HDT is a big semi-truck. The Police Department recommends that the ordinance not be changed. Heather Newsome, 103 Shoreline Drive, responded to Chief Bachman's comments and Councilor Hatcher's question. David Hatcher, 4129 Moffett, disagreed with Police Chief statements; a HDT is needed. Their car carriers are MDT; booms do not lift the weight. MDT is not used unless you are picking up a bicycle out of a river. 321 Item 9c continued Mayor Barham felt this was a moot point and asked City Attorney about the current ordinance not the proposed ordinance. City Attorney agreed that Mayor's suspicion that the requirements in the current ordinance and discussion are moot. Several statements were made between the Mayor and City Attorney regarding the current ordinance and its requirements relating to MDT with a boom. Mayor felt discussing a moot point was a waste of time and that we have a faulty ordinance. Al Palmatary, 2216 Sheppard Access Road, stated that as business owners they have to adhere to the City's requirements and now you are saying it is wrong. Several of them have purchased MDT with a boom because City required it. Moved by Councilor Roberts-Burns that proposed ordinance be tabled. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 10a RESOLUTION NO. 102-2011 Resolution Awarding Bid For The 2012 Crack Seal Project (CWF12-100- 02) To J L T Corporation, In An Estimated Total Amount Of $116,209.00 Moved by Councilor Hatcher that Resolution No 102-2011 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 10b RESOLUTION NO. 103-2011 Resolution Awarding Bid For The Champions Course At Weeks Park Drainage Outfall Project (CWF11-552-09) To Bowles Construction Co., In An Estimated Total Amount Of $121,870.00 Moved by Councilor Roberts-Burns that Resolution No. 103-2011 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 10c RESOLUTION NO. 104-2011 Resolution Authorizing the Sale of Excess City Owned Property, Consisting of 18.5 Acres And The Improvements Located At 4927 West Highway 258, to Kyle Miller, in the amount of$80,000 322 Item 10c continued Moved by Councilor Hatcher that Resolution No. 104-2011 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 10d RESOLUTION NO. 105-2011 Resolution Authorizing The City Manager To Apply For A Two Year Designation Into The Federal Aviation Administration Military Airports Program And Request An Amount Of $5,319,000 For Non-Airport Improvement Program Projects At Wichita Falls Municipal Airport Moved by Councilor Hatcher that Resolution No. 105-2011 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 10e RESOLUTION NO. 106-2011 Resolution Authorizing The City Manager To Apply For A Texas Department of Transportation (TxDOT) Coordinated Call For Projects Grant In An Amount Of $2,104,000 For The Wichita Falls Travel Center Project Moved by Councilor Roberts-Burns that Resolution No. 106-2011 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 10f RESOLUTION NO. 107-2011 Resolution Authorizing The City Manager To Negotiate An Agreement With Greyhound Lines For Operational Activities Involving The Wichita Falls Downtown Travel Center Moved by Councilor Ward that Resolution No. 107-2011 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None 323 Item 10g RESOLUTION NO. 108-2011 Resolution Awarding Bid For Asbestos Abatement Of Properties To Empire Environmental Group LLC In The Amount Of$114,362.75 Moved by Councilor Roberts-Burns that Resolution No. 108-2011 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward Nays: None Item 11 a Assistant City Manager Kevin Hugman presented background on a request for a temporary alcohol sales permit at 2701 Avenue K, which involves a non-conforming use and zoning. A public event with alcohol sales has been advertised for November at this location; however this property does not meet the zoning and building codes. Items of concern are the temp alcohol sales permit for the November 26 public event. Other issue is that a business is being operated at that location that we were not aware of and as such need to comply with Zoning & Building Codes. He explained the requirements as stated in the Code and the required permits, and options. City Manager stated his concerns and asked for Council feedback. City Manager informed that Mr. Mehan, property owner, intends to either seek rezoning to General Commercial or to seek a conditional use permit to sell alcohol, but that takes time, and he would not have time before the November 26 event, which has already been advertised. Under the Ordinance there is an option if the City Manager finds circumstances that warrant the issue of a temporary approval of a permit. City Manager informed that this location is in a residential area and if he issues a temporary permit, it would prevent neighbors from expressing their concerns. There have been complaints regarding the November 26 event and that is what brought this to our attention. Councilor Ward was against the sale of alcohol in a residential area; Councilor Smith agreed with her. Councilor Hatcher was in favor of allowing the City Manager to issue a temporary permit for this November 26 onetime event. City Manager explained that his concerns were that they could still have the party without alcohol sales; we are here today because they did not check with the City and did not get proper permits. We may have others watching us and I would not like to set a precedent. I initially declined to sign off. Gary Mehan, 2608 Elmwood, leases commercial real estate and provided history on the property. He was unaware of the City Code regulations because he evolved into this rental facility but is working the City on those requirements. He stated that this is a onetime event and will be the only time he will request this. Mayor stated that Council is not taking a vote, the decision is the City Manager's and Council is providing input upon his request. This is a onetime public event and future rental events will be private. He did not see a problem with allowing Mr. Mehan a temporary permit for this onetime event and bring it up to Code for private parties in the future. Councilors Ingle, Roberts-Burns, and Pope agreed to allow this onetime event. Item 11 b Council members brought up the following matters. Councilor Smith: a) Mask resuscitation for animals 324 Item 11 b continued b) Some incomplete public utility projects may not be handled by the City but subcontractors. Please call the City if it's a concern or hazard. c) The placement of trash receptacles for sanitation pick-up is important for the City but also the elderly. Please keep them off the sidewalks. d) Trans-Siberian Orchestra Performance at Kay Yeager Coliseum e) Army Reserve Building update. City Managers stated possession of the building could occur in the summer/fall of 2012 at no charge. The building is targeted for the Parks Department. f) Circle Trail Project's signage and markers for medical emergencies Councilor Hatcher: a) Wesley United Methodist Church pancake breakfast & bazaar, December Td at 1526 Weeks, b) Encouraged everyone including all media outlets/markets to be more supportive toward the City in advertising and attending events in Wichita Falls. Councilor Ingle: a) Thanked everyone who attended the town hall meeting in his District. Would like to see a bigger turnout and likes the Mayor's new format, where ideas are presented first. b) Thanked Barry Levy for setting up the website for the radio control group. c) Status of Lakeside City neighborhood association, are we in litigation? City Attorney informed that the City is not in litigation. Mayor Barham: a) Encouraged everyone to support at Lady Antebellum concert at MPEC. Distressing that more people do not support major entertainment groups that come to Wichita Falls. Councilor Ward a) Commented on the attendance and performance of the Symphony. Item 12 City Council adjourned at 11:45 a.m. PASSED AND APPROVED this_6th day of December 2011. MAYOR GLENN BARHAM ATTEST: City Clerk Lydia Ozuna City of Wichita Falls City Council Agenda Glenn Barham, Mayor Dorothy Roberts-Burns, Mayor Pro Tern Michael Smith, District 1 Annetta Pope, District 2 er `r Rick Hatcher, District 3 ,I • Tim Ingle, District 4 i Mary Ward, District 5 T E X A S B/cseSkiesGfo/dery0���rtun�ties Darron Leiker, City Manager ---- Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, November 15, 2011 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Reverent Paul Goodrich First United Methodist Church (b) Pledge Of Allegiance 3. Presentations (a) Presentation — Sister City Flag Presentation (b) Proclamation — Sister City Day (c) Proclamation —Youth Appreciation Week (Optimist Clubs) 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 The November 1, 2011 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolutions (a) Resolution Awarding Bid For The Purchase Of Portable #174 Fence Panels To Metta Technologies, Inc., In The Amount Of$97,500.00 (b) Resolution Authorizing A Conflict Of Interest Waiver For #175 A City Employee Qualifying For Various U.S. Department Of Housing And Urban Development Funded Programs (c) Resolution Authorizing The Purchase Of A Hydraulic #176 Track Excavator Through The Buy Board Purchasing Cooperative From Warren Cat In The Amount Of $291,344.52. 7. Receive Minutes (a) Civil Service Commission, February 24, 2011 (b) MPO Technical Advisory Committee, July 6, 2011 (c) MPO Transportation Policy Committee, July 27, 2011 (d) MPO Transportation Policy Committee, August 24, 2011 (e) Wichita County Wichita Falls Public Health Board, August 26, 2011 (f) Library Advisory Board, September 20, 2011 (g) Park Board, September 22, 2011 (h) Landmark Commission, September 27, 2011 (i) Traffic Safety Commission, October 5, 2011 REGULAR AGENDA 8. Public Hearing On Local Option To Tax Tangible Personal Property In Transit 9. Ordinances (a) Ordinance To Tax Tangible Personal Property In Transit, #177 Which Would Otherwise Be Exempt Pursuant to Texas Tax Code § 11.253 (b) Ordinance Amending Divisions 2 And 3 Of Article Vlll Of #178 Chapter 48 Of The Code Of Ordinances to Redesignate Fees in Sections 48-90 through 48-94 and Modify Vacuum Truck, Grease Trap Permit, and Late Fees, Moving Grease Trap Permit Fees from Chapter 106 to the Fee Chapter, and Providing For Codification 10. Resolutions (a) Resolution Awarding Bid For The 2012 Crack Seal #179 Project (CWF12-100-02) To J L T Corporation, In An Estimated Total Amount Of$116,209.00 (b) Resolution Awarding Bid For The Champions Course At #180 Weeks Park Drainage Outfall Project (CWF11-552-09) To Bowles Construction, Co. In An Estimated Total Amount Of$121,870.00 CITY COUNCIL AGENDA PAGE 2 OF 4 PAGES (c) Resolution Authorizing The Sale Of Excess City Owned #181 Property Consisting Of 18.5 Acres And The Improvements Located At 4927 West Highway 258 To Kyle Miller, In The Amount Of$80,000 (d) Resolution Authorizing The City Manager To Apply For #182 A Two Year Designation Into The Federal Aviation Administration Military Airports Program And To Request An Amount Of $5,319,000 For Non-Airport Improvement Program Projects At Wichita Falls Municipal Airport (e) Resolution Authorizing The City Manager To Apply For #183 A Texas Department of Transportation Coordinated Call For Projects Grant In An Amount Of $2,104,000 For The Wichita Falls Travel Center Project (f) Resolution Authorizing The City Manager To Negotiate #184 An Agreement With Greyhound Lines For Operational Activities Involving The Wichita Falls Downtown Travel Center (g) Resolution Awarding Bid For Asbestos Abatement Of #185 Hazardous Structures To Empire Environmental Group LLC In The Amount Of$114,362.75 11. Other Council Matters (a) Staff Council Discussion (b) Discussion Of Items Of Concern To Members Of The City Council. 12. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. CITY COUNCIL AGENDA PAGE 3 OF 4 PAGES Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2011 at o'clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4 PAGES City of Wichita Falls City Council Agenda Glenn Barham, Mayor ' Dorothy Roberts-Burns, Mayor Pro Tern Michael Smith, District 1 Annetta Pope, District 2 ``� Rick Hatcher, District 3 / Tim Ingle, District 4 Uic , (�jr' Mary Ward, District 5 TEXII AS B/WSkieS Darron Leiker, City Manager - - Miles Risley, City Attorney Lydia Ozuna, City Clerk SUPPLEMENTAL NOTICE OF ADDITIONAL ITEM Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, November 15, 2011 Beginning At 8:30 A.M. Item # Bill # REGULAR AGENDA 9.c. (c) Ordinance Amending Subsection (b)(3) of Section 26-765 of #186 the Code of Ordinances of the City of Wichita Falls To Remove The Requirement For A Company Utilizing Medium Duty Tow Trucks On The City's Tow Truck Rotation List To Have A Boom On At Least One Of Its Medium Duty Tow Trucks; Directing The Amendment Of The City's Standard Rotation List Contract Form; And Providing For Codification Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2011 at o'clock (a.m.)(p.m.). City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor Dorothy Roberts-Burns, Mayor Pro Tern Michael Smith, District 1 ' Annetta Pope, District 2 . `! Rick Hatcher, District 3 • ra Tim Ingle, District 46 �a Mary Ward, District 5 T E X A S S/rseSkie,Crn/den0yIPfrtu rie, Darron Leiker, City Manager - - Miles Risley, City Attorney Lydia Ozuna, City Clerk SECOND SUPPLEMENTAL NOTICE OF ADDITIONAL ITEM Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, November 15, 2011 Beginning At 8:30 A.M. REGULAR AGENDA 11. a. Staff Council Discussion • Temporary Alcohol Sales Permit at/near 2701 Avenue K Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2011 at o'clock (a.m.)(p.m.). City Clerk