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CITY COUNCIL MINUTES

Wichita Falls, Memorial Auditorium Building November 20, 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 Tem

Councilors Glenn Barham - Michael Smith - Dorothy Roberts-Burns - Rick Hatcher - Charles Elmore -

Darron Leiker - City Manager Bill Sullivan - City Attorney Lydia Ozuna - City Clerk

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Mayor called the meeting to order.

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Item 2a

Mayor Lyne gave the invocation.

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Item 2b

Councilor Gonzalez led in the Pledge of Allegiance.

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Item 3a

Mr. Jack Murphy, Parks Director, recognized Miss Taylor Stolt for her outstanding accomplishments in the City’s summer track and field program. Mr. Murphy informed that In the many years the City has conducted the summer program no local athlete has performed as well as Taylor Stolt.

Mr. Scott McGee, City’s Athletic Coordinator, provided Taylor’s biographical information and achievements. Taylor Stolt is a fifteen years old resident of Wichita Falls and is a freshman student at Rider High School. She has been a member of the Parks & Recreation Summer Track Program for several years. Although she had distinguished herself in past years as a high quality track and field competitor, in 2007 she set herself apart from other competitors with incredible performances at the local, regional and state level. As a result of these performances Taylor has received the following awards from the Texas Amateur Athletic Federation for 2007. City of Wichita Falls Athlete of the Year T.A.A.F. Region 8 Athlete of the Year T.A.A.F. State Athlete of the Year Award which will be presented to her on January 24, 2008 at the T.A.A.F. Winter Meetings in New Braunsfels, Texas

Mr. McGee enumerated the gold medals she received, and noted that Taylor’s honors and accomplishments do not end with summer track. She participates in Volleyball, Basketball, Track and Soccer at her school. In 2006-07 she was named Most Improved In Volleyball, Offensive Player of the Year in Soccer, High Point Award in Track, and won the

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Item 3a continued

W.F.I.S.D. City Championship in the long jump, triple jump, 100m, 200m, and 400m relay. Taylor is in the National Honor Society and is a straight A student. She attends Colonial Baptist Church.

Taylor’s Coach Matt Kennedy of Shawnee, Oklahoma, presented her with the T.A.A. F. Region 8 Athlete of the Year Award. President of the Texas Amateur Athletic Federation Susan Gerred presented Taylor with the T.A.A.F.

Miss Stolt expressed appreciation to her parents, her Coach Matt Kennedy, and all her supporters.

Item 3b

Mayor proclaimed November 20, 2007 as “Omicron Epsilon Omega Chapter of Alpha Kappa Alpha Sorority Day in Wichita Falls” in celebration of their 75 th Regional Anniversary and their 100 th National Anniversary. Mayor encouraged citizens to support their good work and deeds and members who strive to make the community healthier and happier. Mrs. Rosie Flannigan and other Omicron Epsilon Omega Chapter members accepted the proclamation and informed on some of their major projects.

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Item 4

Mayor Lyne welcomed Mrs. Michelle Hicks’ Cunningham School Class to the City Council meeting. Shelby Harrison, student, informed that they were the Cunningham School Student Council, and were accompanied by Ms. Bohac, Mrs. Wright, Mrs. Hicks, and Mrs. Deluna.

Dr. Dawson Orr, WFISD, expressed appreciation for the wonderful cooperation they have, in particular the recent staph infection training; he thanked Mrs. Lou Franklin, Health Director, and her staff. Dr. Orr also thanked the Police Chief and his officers for their help before and during Rivalry Week between the two rival football teams, Wichita Falls High School and Rider High School. He expressed appreciation for the relationship WFISD has with the City of Wichita Falls.

Kelly Mestas, 55235 Kingston, reemphasized why citizens are concerned about their rights being taken away from them in the Patriot Act. He asked Council to address this and adopt a resolution that you will uphold the Constitution. Councilor Barham stated that it would be on the December 4, 2007 Council agenda.

Sister Josephine Stewart, 2820 Lansing, believes that many citizens are not aware of frighteness that is in the Patriot Act, and wants to educate the citizens. She asked for Council’s support.

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Item 5

The Minutes were approved as distributed.

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Items 6-7f

City Manager gave a briefing on the items listed under the Consent Agenda.

Moved by Councilor Hatcher that the Consent Agenda be approved.

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

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Item 6

RESOLUTION NO. _166-2007 _

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) CUSTOM FIRE SQUAD APPARATUS FROM METRO FORD TRUCK SALES, INC., IN THE AMOUNT OF $249,018.00. FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

Items7a-7f

Minutes of the following Boards and Commissions were received. (a) Wichita Falls Wichita Co. Public Health Board, June 22, 2007 (b) MPO Technical Advisory Committee, July 11, 2007 (c) MPO Transportation Policy Committee, July 25, 2007 (d) Economic Development Corp. (4a), September 20, 2007 (e) Traffic Safety Commission, October 3, 2007 (f) WF AB Sales Tax Corporation, September 7, 2007

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Item 8

A public hearing was held to facilitate comments on the City’s application to obtain the U.S. Army Reserve Post at 3315 Ninth Street, Wichita Falls, Texas, for the purpose of consolidating Park Maintenance and for providing a neighborhood park.

Mayor Lyne declared the public hearing open.

Mr. Dave Clark provided an explanation of the status of the application. He informed that under the federal Base Realignment and Closure Act, the facility was scheduled for closing with the reservists then moving their operations to Ft. Sill, Oklahoma. Regulations firs require offering to homeless assistance agencies that were notified by public notice, letters, and phone conversations. A public meeting, information packet, and tour were offered to allow the agencies to understand the process and to see the facility. Responses were that the facility was too large for economic feasibility for the providers, but more importantly, was not really suited to provide homelessness assistance.

Mr. Clark reminded Council that after further City staff review, they passed a resolution authorizing an application to obtain the facility to consolidate park maintenance operations and have the grounds available as a park. Adjacent property owners were given notice of today’s public hearing. The only concerns have been questions of clarification regarding the fact that the City is only interested in acquiring the Post property, not any surrounding residences. Adjacent property owners were in favor of the potential Army property conversion to a park and recreation maintenance facility with park amenities.

The overall effect of the proposed use should be positive. Mr. Clark also noted that Council will have additional input as responses are received from the federal government.

Ms. Esther Berndt, daughter of Mr. and Mrs. Clemente Maldonado, 1000 W. Wenonah, again wished to clarify that there was no intention of acquiring adjacent homes. Mr. Clark assured her that there was no intent for that.

Mayor called for additional comments. There being none, Mayor declared the public hearing closed.

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Item 9a

ORDINANCE NO. _99-2007 _

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR STATE HEALTH SERVICES GRANT FUNDING IN THE AMOUNT OF $6,098; 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. 99-2007 be passed.

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Item 9a continued

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

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Item 9b

ORDINANCE NO. 100-2007

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT REVENUE FROM THE TRANSPORTATION SECURITY ADMINISTRATION FOR THE REIMBURSEMENT OF LAW ENFORCEMENT SERVICES AT THE WICHITA FALLS MUNICIPAL AIRPORT; 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. 101-2007 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

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Item 9c

ORDINANCE NO. _101-2007 _

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ACCEPTING GRANT FUNDS RECEIVED FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION (LONE STAR LIBRARIES PROGRAM), MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $16,906, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT; 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. 102-2007 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

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Item 10a

RESOLUTION NO. _167-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE YEAR LICENSE AGREEMENT WITH THE WICHITA FALLS YMCA FOR LAND IN UNIVERSITY KIWANIS PARK AND LAKE WICHITA PARK; 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. 167-2007 be passed.

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Item 10a continued

Motion seconded by Councilor Smith.

Mr. Murphy reviewed the proposed changes noting that their main goal was to extend the annual lease to a five year lease. Mayor commented that this has been a long time in preparation; it has been a lot of give and take.

Brandon Brown, Interim President of the YMCA, expressed appreciation to Jack Murphy, Elmer Emory, and the Park Board for all their hard work in making this work for both sides.

Motion carried by the following vote.

Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore

Nays: None

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Item 10b

RESOLUTION NO. _168-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE RENEWAL WITH THE WILD BIRD RESCUE, INC; 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. 168-2007 be passed.

Motion seconded by Councilor Elmore.

Mr. Jack Murphy informed that this lease was to extend the lease term from five years to twenty years.

Mayor commented that as we are getting ready to do this Community Development Plan and we are looking at all the area at Lake Wichita, 20 years seems to be a big commitment at this stage. I question whether we need to go 20 years or not because we are getting ready to do this Plan and we want to include the Wild Bird Rescue in that to make sure it fits correctly. Mr. Murphy stated that the agreement is clear in that it only occupies the parcel of land that does not include Lake Wichita so any action the City takes to manage the lake itself would be separate. The agreement contains language that if the City wishes to have a trail through that property the City cannot be precluded from constructing a trail some point in the future and they are award of that.

Bob Lindsey, Executive Director of the Wild Bird Rescue, stated that they feel the need for the extended lease term would help them as they continue to grow and expand and the need to construct aviaries. Mr. Lindsey stated that it would also be easier to get the grant money we need if the foundations know we are going to be there for a while.

Councilor Hatcher pointed out that the acreages mentioned within the commentary were different. He clarified that it was 2.5 acres. Mr. Murphy concurred.

City Attorney informed that there is also a typo in legal description in the lease that will also be corrected.

Motion carried by the following vote.

Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore

Nays: None

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City Council recessed at 9:20 a.m. and reconvened at 9:35 a.m.

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Item 10c

RESOLUTION NO. _169-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. FOR AMBULANCE SERVICE IN WICHITA FALLS; 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. 169-2007 be passed.

Motion seconded by Councilor Gonzalez.

Assistant City Manager Matt Benoit went over the changes that were made from the previous proposed contract as well as suggestions that were made by the Council.

Several issues and concerns were mentioned that the new Emergency Medical Services Advisory Board would be reviewing

Motion carried by the following vote.

Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and Elmore

Nays: None

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Item 10d

RESOLUTION NO. _170-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AMENDMENTS TO THE 2007-2008 BUDGET OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION FOR ANNUAL MARKETING EXPENDITURES AND WORKFORCE DEVELOPMENT; 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. 170-2007 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

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Item 10e

RESOLUTION NO. _171-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR PHASE 3 OF THE SOFTBALL COMPLEX EXPANSION TO THE CORBETT GROUP IN THE AMOUNT OF $1,598,000; 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. 171-2007 be passed.

Motion seconded by Councilor Gonzalez and carried by the following vote.

Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and

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Item 10e continued

Elmore

Nays: None

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Item10f

RESOLUTION NO. _172-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING AN INTERLOCAL AGREEMENT WITH WICHITA COUNTY FOR THE USE OF ASSOCIATE MUNICIPAL JUDGES; 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. 172-2007 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

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Item 10g

RESOLUTION NO. _173-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING THE 11TH AMENDMENT TO THE WATER PURCHASE CONTRACT WITH THE WICHITA VALLEY WATER SUPPLY CORPORATION, TEXAS; 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. 173-2007 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

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Item 10h

RESOLUTION NO. _174-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE CYPRESS WATER TREATMENT PLANT ADMINISTRATION AND MAINTENANCE BUILDINGS PROJECT CWF05-544- 11, AND AUTHORIZE FINAL PAYMENT TO MW BUILDERS OF TEXAS; 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. 174-2007 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

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Item 10h continued

Nays: None

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Item 10i

RESOLUTION NO. _175-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE CYPRESS WATER TREATMENT PLANT FLOW CONTROL VAULT, SLUDGE PUMP STATION NO. 3, AND BRINE PUMP STATION PROJECT CWF04-544-03, AND AUTHORIZE FINAL PAYMENT TO MW BUILDERS OF TEXAS; 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. 175-2007 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

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Item 10j

RESOLUTION NO. _176-2007

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO ACCEPT THE CYPRESS WATER TREATMENT PLANT MEMBRANE CLARIFIER PROJECT CWF03-544-25, AND AUTHORIZE FINAL PAYMENT TO MW BUILDERS OF TEXAS; 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. 176-2007 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

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Item 11a

Mr. Dave Clark reported that the City has received final notification that the City’s rating regarding its Flood Plain Administration has stepped up a notch. Citizens are now eligible for a 10% reduction in their flood plain insurance. He recommended that those affected contact their insurance agent to see how they can benefit from that. He credited Mr. Paul Stillson on his staff who keeps all this up to date.

Councilor Elmore asked if there were any news on the flood plain revisions that the Corp of Engineers has been promising. Mr. Taylor replied that we are still having ongoing issues with the model itself and getting the correct data. That is an issue that is being worked out between the Corp and our consultant. This is a problematic channel and has been for many years, and they are still trying to work those issues out. We are working with the Corp and our Consultant to try to resolve that. The Corp has to be satisfied that they are comfortable with the data before we can proceed, and that is where we are.

City Manager informed that City staff has been working with Wichita County and other entities regarding a joint City-County Drug Enforcement Task Force. We have lost funding on that program; and it ceased a couple of months ago. We are trying to figure out avenues to continue that enforcement at least within Wichita County. The city limits of Wichita Falls is

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Item 11a continued covered under our normal Police Department Narcotic Unit but Wichita County, City of Burkburnett and City of Iowa Park have been working to come up with a mechanism to hire two additional officers that ultimately we would supervise. They would not be any of our existing officers as it relates to our authorized staffing; these would be two additional officers paid for by the County and the other entities. Wichita County approved funding in the amount of $100,000 for personnel and $50,000 for equipment. We are waiting to hear from the Cities of Burkburnett and Iowa Park. We anticipate, if things go well, to bring an agreement to you at your December 4 meeting. There should not be additional cash outlay from the City of Wichita Falls; we would just have supervisory responsibilities. The goal is to have two dedicated officers that would cover the county both the incorporated smaller cities and the non incorporated cites. They would work hand in hand with the City’s Narcotics Unit on drug enforcement.

Mayor asked, in conjunction with our City’s Drug Task Force, if they will be working County wide, so that it will be eight officers? City Manager replied that at times we will need more than the two officers to make a drug bust and visa versa we may pull them into the City. There are advantages to both sides and it would be a cooperative effort on both sides.

Chief Bachman added that we have always had a cooperative effort between law enforcement in this area; it has been very good. This would fund two officers and their equipment but if needed we can take a team of our officers to help those two officers; the surrounding agencies would also have some people there.

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Item 11b

Councilor Roberts-Burns thanked the citizens for going out to the City Lights Parade and all those who participated. She has never seen so many people down town. She wished everyone a happy and safe Thanksgiving.

Councilor Elmore stated that the parade was wonderful and he has not seen that many people down town as well.

Councilor Elmore was glad to hear that the Patriot Act would be on the next Council agenda.

Councilor Elmore mentioned a call from a citizen who has a non-human primate as a pet, a monkey under six pounds, and our ordinance bans this particular species inside the City of Wichita Falls. He would like to have this ordinance amended to give some consideration to the smaller primates.

Councilor Elmore wished everyone a Happy Thanksgiving.

Councilor Barham asked for an update on the project at Lake Arrowhead, in particular the repairs to Nakomis Road. Mr. Scott Taylor replied that the work was finished two weeks ago and it has been scheduled by the Street Department. We will get that road fixed.

Councilor Barham asked staff to check into the water pressure in the Stone Lake area. Mr. Taylor replied that he will have crews check the valves and if that is not the problem we will do some further research to see what is going on out there.

Councilor Barham asked staff to check the lights at Kell and Fairway, east and west, for time intervals.

Councilor Barham asked citizens to apply for the Emergency Medical Service Advisory Board and suggested information on this be put on the website.

Councilor Barham asked about the CVB Administrator position. City Manager informed that we are still advertising. Mr. Bob Sullivan reported that we have just reviewed the resumes and hope to interview within the next two weeks.

Councilor Hatcher pointed out that we have a great Police Department, and he wished a speedy recovery to the police officer who was injured in the line of duty. Related to that, this Mobile Data Terminal Project is a whole lot of money and we are going to spend it and I think we need to. That is something that has been in the works a long time. The amount has escalated over a period of time. There may be some people that question if we need that and I think we need it. I would like to see that we can gain enough efficiencies through the use of Mobile Data Terminals that we can gain those officers through efficiencies rather than to have

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Item 11b continued to continue to dig deeper and deeper over time to fund things. The good times that we are blessed with cannot go on forever and at some point it is going to level off. I would like for us to think long term. I hope that those terminals will make us so efficient that maybe we can gain those additional guys through shifting some people around.

Councilor Hatcher wished everyone a Happy Thanksgiving.

Councilor Hatcher wished the two rival teams, Wichita Falls High School and Rider High School, good luck in their playoff games. He mentioned that the Jerry Seinfeld tickets go on sale Monday and encouraged that we fill Memorial Auditorium for this event.

Councilor Hatcher mentioned the population information from the City and he was excited about our 107,635 population.

Councilor Gonzalez mentioned that we had just approved final payments on several projects, and asked how far along we were on the Reverse Osmosis punch list and is the list that long. Mr. Scott Taylor replied that the punch list is 38 pages long and he believes there will be items in the punch list that they will not finish because they do not think they should. They are working on the project. One area of contention is the refusal by one of the subcontractors refusing to provide us training, so we will have to pay for that training and will deduct that. We are moving as fast as we can but we are at their mercy. They have missed another deadline and we will send them another letter, but they are working on the punch list and they work on what they choose to work on. They are making progress but do not know when we will be able to take possession of the plant. We believe once we get the training to operate the membrane that we can operate the plant; and that may be the time we come to Council to accept the project and let the rest of the issues be resolved through negotiations or in the courtroom.

Councilor Gonzalez commented that it seems like by the time we take the plant over it will be obsolete. He heard there was a new procedure that could do what Reverse .Osmosis can do; he asked if the technology had changed. Mr. Taylor replied that to his knowledge the technology had not changed.

Councilor Gonzalez asked if Maplewood had been put out for bids. Mr. Taylor informed that the project will have bids open on December 20 and it will be on the January 2, 2008 Council agenda for award. We are finishing the plans now and are in the process of obtaining the property, two of which will be by condemnation.

Councilor Gonzalez wished everyone a Happy Thanksgiving asked that we keep our troops that are over seas in mind. They are providing us this Thanksgiving and we need to be thankful for their efforts and for putting their lives on the line for us.

Councilor Gonzalez mentioned the Fantasy of Lights Basketball event this weekend; there will be 82 teams here. He encouraged everyone to try to make it out to the games.

Councilor Smith stated that he was looking forward to having the Patriot Act on the next Council agenda. It is time for us to respond to that.

Councilor Smith informed that vehicles, materials, and displays are in the process of being moved from the Fire and Police Museum on Giddings Street to down town. We have the Museum of History, the Railroad Museum, and are adding the Fire and Police Museum. There is this thought that a Museum District down town would be a great attraction. Property has been obtained south of the railroad museum for the Fire Museum. It is coming together where we can be a true Museum District down town. There is some long range thinking where museums could come together. He was impressed with the Fire and Police Museum. He is on the Museum Committee and will continue to bring information to the Council.

Councilor Smith asked when the Council would be able to tour the Golf Course before it opens. It has gone through a miraculous transformation. City Manager suggested maybe in the spring.

Councilor Smith expressed appreciation for the opportunity to attend the annual TML for three days of sessions, networking, and exhibits. It was a great way to hear what others are doing.

Councilor Smith congratulated the City’s Police Department and in particular Officer Melvyn Joyner for receiving an International Crimestoppers award. Congratulations for a successful program in our City and area. The work has really paid off in so many ways. The pinnacle of this has been Officer Joyner receiving this award.

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Item 11b continued

Councilor Smith wished everyone a safe, great and Happy Thanksgiving.

Mayor Lyne asked staff to check the hot mix patch work on Rathgaeber Road; it is not smooth. Mr. Taylor said they had done all they could but are looking at putting in a full overlay. We will look at that.

Mayor Lyne stated that the City Lights Parade was great. It is the biggest one we have now. A lot of organizations came together to put that on. There was a lot of cooperation; it was fabulous.

Mayor Lyne mentioned the Fantasy of Lights Basketball event noting that there would be a lot of teams coming in from out of town and you will see from 4A to 5A teams and it will be some of the best basketball you will see.

Mayor Lyne informed that the new mobile dental van will be at the Community Health Center today at 4 p.m. and will be open for touring. It is designed to go out to the schools to do dental checks and with parental permission will do follow-up dental care on the children. During school off-season they will go to the senior and retirement homes to provide the same type of dental care. This has been a long time in coming and I am glad we have one. It is now on display, and he encouraged everyone to go see it.

Mayor Lyne commented that it was a great trip to for TML and there are always some good education sessions and some that you would like to get more out of.

Mayor Lyne thanked Councilor Gonzalez for giving him a dispute resolution gavel. We now have gavels for all kind of disputes, large and small.

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City Council adjourned at 10:45 a.m.

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PASSED AND APPROVED this ______day of ______2007.

______MAYOR

ATTEST:

______Lydia Ozuna City Clerk