Min 10/06/2009 694
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
October 6, 2009
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.
Rick Hatcher - Mayor Pro Tern
Glenn Barham - Councilors
Michael Smith -
Dorothy Roberts-Burns -
Jim Ginnings -
Charles Elmore -
Mayor Lanham Lyne - Absent
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Pro Tern, Rick Hatcher called the meeting to order.
Item 2a
Lt. Colonel Frederick McFarland, Sheppard Air Force Base Chaplain, gave the
invocation.
Item 2b
Mayor Pro Tern Hatcher led in the Pledge of Allegiance.
Item 3a
Army Reserve Sergeant (retired) Jeff Badder, Fleet Maintenance Supervisor,
introduced Army National Guard Specialist Patrick Bentley, noting that he controlled
access to Camp Taji, Iraq and received the Combat Action Badge for being in the line of
fire. Army Specialist Bentley presented Mayor Pro Tern Hatcher with an American Flag
which was flown over the Garrison Command Camp Taji, Iraq by the 949`h Brigade
Support Battalion while deployed in support of Operation Iraqi Freedom 2009-2011, on
June 4, 2009 in honor of the City of Wichita Falls. Specialist Bentley was accompanied
by his father Shawn Bentley and Army Reserve Sergeant first Class Billy Elmore.
Mayor Pro Tern thanked Army Specialist Patrick Bentley for the flag and for his
service to our country.
Item 3b
Mayor Pro Tern proclaimed October 2009 as "HopeLine Domestic Violence
Awareness Month in Wichita Falls and encouraged all citizens to donate unused cell
phones to the HopeLine drive to help protect those who need it the most. First Step and
Verizon Wireless representatives accepted the proclamation.
695
Item 3c
Mayor Pro Tern recognized Mr. Alan Whitmire, a veteran Parks Maintenance
employee, as Employee of the Month for October 2009. Mayor Pro Tern presented Mr.
Whitmire with a plaque, a letter of appreciation, restaurant tickets, and a check. Mr.
Whitmire will retire January 2010. Mayor Pro Tem thanked Mr. Whitmire for his service
to the City and stated that he will be sorely missed.
Item 4
No one signed up to speak under public comments.
Item 5
Minutes of the September 15, 2009 City Council Meeting were approved as
corrected.
Items 6a-7e
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Barham that the Consent Agenda be approved.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 6a
RESOLUTION NO. 129-2009
Resolution Awarding Bid For The City's Annual Supply Of Water
Meters To Elster AMCO Water, Inc., In The Amount Of$167,045.00.
Item 6b
RESOLUTION NO. 130-2009
Resolution Authorizing The City Manager To Execute Contracts With
Organizations That Provide Community Services And/Or Promote
The Convention And Tourism Industry.
Items 6c
RESOLUTION NO. 131-2009
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 7a-e
Minutes of the following boards and commissions were received.
(a) Civil Service Commission, November 13, 2008.
(b) Aviation Advisory Board, May 21, 2009.
(c) Aviation Advisory Board, July 16, 2009.
(d) Wichita Falls Economic Development Corporation—August 27, 2009.
(e) Wichita Falls Economic Development Corporation—September 9, 2009.
696
Item 8
A public hearing was held to review the City's Juvenile Curfew Ordinance.
Mayor Pro Tern declared the public hearing open.
The Council discussed the existing curfew that was being considered for renewal in
January. A request for the number of violations and cost associated with the violations was
requested of the City Attorney, who stated he would research the information for the Council
before the ordinance was brought before the Council.
Mayor Pro Tern called for public comments. There being none, Mayor Pro Tern
declared the public hearing closed.
Item 9
A public hearing was held regarding proposed annexation of approximately 242.73
acres of land generally east of Allendale Road and south of Kell Boulevard that Includes
property owned by North Texas Rural Rail Transportation District, Pitts Sand and Gravel Inc.,
and land generally referred to as the Certain-Teed or Saint Gobain Vetrotex Property.
Mayor Pro Tern declared the public hearing open.
Mr. Dave Clark provided information on the proposed annexation. He stated no
additional city services would be required for the annexed property. Mr. Clark commented
the property referred to as the St. Gobain or Vertrotex properties had a tax value of
approximately $19,000,000.00 and would generate approximately $119,000.00 in annual tax
revenue. There were non-annexation agreements on the property; however, due to the
closing of St. Gobain the agreements became moot. If new industry wanted to move in, the
City could consider tax abatement incentives that would be as good as or better than what
was offered in the non-annexation agreements.
Mayor Pro Tern called for public comments. There being none, Mayor declared the
public hearing closed.
Item 10a
A public hearing was held on a request from Mr. Claudio Ramirez, Jr. to increase the
number of taxicabs permitted to All American Cab Company.
Mayor Pro Tern declared the public hearing open.
City Clerk informed that Mr. Claudio Ramirez, Jr., All American Cab Company, was
requesting to increase the number of taxicab permits by three. They currently held 12
permits. Skylark Taxi was informed and had no issues with this increase. Mr. John Burrus
did an analysis on the request which was presented by Mr. Lin Barnett. Mr. Barnett stated
Aviation Traffic and Transportation had reviewed the request and found it to be in order.
Mayor Pro Tern called for public comments. There being none, Mayor declared the
public hearing closed.
Item 10b
ORDINANCE NO. 68-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending The Taxicab Service Franchise Granted To All American
Cab To Increase The Number Of Authorized Vehicles.
Moved by Councilor Roberts-Burns that Ordinance No. 68-2009 be
passed.
Motion seconded by Councilor Smith and carried by the following vote.
697
Item 10b continued
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 11 a
A public hearing was held on a request from Claudio Ramirez, Jr., DBA Wichita
Limousine&Special Service Vehicles, for a Special Service Vehicle Franchise.
Mayor Pro Tern declared the public hearing open.
City Clerk informed that Mr. Claudio Ramirez, Jr., Wichita Limousine & Special
Service Vehicles had submitted an application for a Special Service Vehicle Franchise with
two permits. Mr. Ramirez' previous franchise expired February 2009. Council has the
analysis report prepared by Mr. John Burrus.
Mayor Pro Tern called for public comments. There being none, Mayor declared the
public hearing closed.
Item 11 b
ORDINANCE NO. 69-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Authorizing A Franchise For Special Service Vehicles To Claudio
Ramirez, Jr. DBA Wichita Limousine And Special Service Vehicles.
Moved by Councilor Ginnings that Ordinance No. 69-2009 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 13a was moved up and considered at this time.
Item 13a
RESOLUTION NO. 132-2009
Resolution Approving The Programs And Expenditures Of The
Wichita Falls Economic Development Corporation, A 4A
Development Corporation, Including, But Not Limited To, The FY
2009-2010 Budget.
Moved by Councilor Elmore that Resolution No. 132-2009 be passed.
Motion seconded by Councilor Barham.
Moved by Councilor Ginnings to amend proposed resolution by removing
Carter Copter Construction Projects items from the 4A FY 2009-2010 Budget for
discussion.
Motion seconded by Councilor Elmore.
Warren Ayers, 4A Chair, reviewed the 4A Budget.
Motion on the amendment carried by the following vote.
698
Item 13a continued
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Original motion as amended carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 15a was moved up and considered at this time.
Item 15a
City Council went into Executive Session at 9:35 a.m. in accordance with
Texas Government Code Sections 551.071, 551.072 and 551.087.
City Council reconvened at 10:11 a.m.
Mayor Pro Tern announced that no votes or polls were taken during
Executive Session.
City Council revisited Item 13a at this time.
Item 13a
RESOLUTION NO. 132-2009
Resolution Approving The Programs And Expenditures Of The
Wichita Falls Economic Development Corporation, A 4A
Development Corporation, Including, But Not Limited To, The FY
2009-2010 Budget.
Mayor Pro Tern stated that Council is going to re-look at Item 13a with the
Performance Agreement with Carter Air Vehicles, LLC. Council members have all looked at
the Performance Agreement now.
Mayor Pro Tern called for a motion to approve original Resolution No. 132-2009.
Moved by Councilor Elmore that the original Resolution No. 132-2009 be
passed.
Motion seconded by Councilor Smith.
Mayor Pro Tern stated that the Performance Agreement is now attached to
the Resolution 132-2009.
Motion carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Mayor Pro Tern commented that Resolution No. 132-2009 passes in its
original state.
Item 15a was moved up and considered at this time.
699
Item 15a
City Council went into Executive Session at 10:15 a.m. in accordance with
Texas Government Code Sections 551.071, 551.072 and 551.087.
City Council reconvened at 11:21 a.m.
Mayor Pro Tem announced that no votes or polls were taken during
Executive Session.
Item 12a
ORDINANCE NO. 70-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Rezoning Lots 3 And 4, Block 5, Southland Addition, Also Known As
1104 And 1106 Alma Street, And The Adjacent Alley Right-Of-Way,
From Limited Office To Limited Commercial, And Amending The
Land Use Plan To Change The Area From Low Density Residential
To Light Commercial.
Moved by Councilor Barham that Ordinance No. 70-2009 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Pro Tem Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 12b
ORDINANCE NO. 71-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Section 2-911(8)(D) Of The Wichita Falls Code Of
Ordinances To Increase The Fee For Zoning Amendments
(Rezoning).
Moved by Councilor Barham that Ordinance No. 71-2009 be passed.
Motion seconded by Councilor Roberts-Burns and carried by the following
vote.
Ayes: Mayor Pro Tem Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 12c
ORDINANCE NO. 72-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Closing, Abandoning, And Vacating A Previously Dedicated 10 Foot
Wide (Approximately 2,463 Square Feet) Utility Easement In Lot 20,
Block 1, Westover Hills Addition/Subdivision, Located At 1907
Wenonah Blvd.
Moved by Councilor Roberts-Burns that Ordinance No. 72-2009 be
passed.
Motion seconded by Councilor Ginnings and carried by the following vote.
Ayes: Mayor Pro Tem Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
r
700
Item 12d
ORDINANCE NO. 73-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Section 82-163 Of The Wichita Falls Code Of Ordinances
To Increase Fees For Specified Recreational Programs.
Moved by Councilor Roberts-Burns that Ordinance No. 73-2009 be
passed.
Motion seconded by Councilor Barham and carried by the following vote.
Ayes: Mayor Pro Tem Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 12e
ORDINANCE NO. 74-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Appropriating To The Special Revenue Fund For The Public Health
Emergency Response Grant In The Amount Of $111,653 Received
From The Department Of State Health Services, And Authorizing
The City Manager To Execute All Documents Necessary To Accept,
Expend, And Administer Said Funds.
Moved by Councilor Roberts-Burns that Ordinance No. 74-2009 be
passed.
Motion seconded by Councilor Barham and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 12f
ORDINANCE NO. 75-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Accepting Grant Funds For The 2009 Edward Byrne Memorial
Justice Assistance Grant Program (Local Solicitation Award #2009-
DJ-BX-0326); Appropriating Said Funds In The Special Revenue
Fund In The Amount Of $71,232.00, Which Will Be Shared With Co-
Applicant, Wichita County, Texas, And Authorizing Execution Of All
Necessary Documents To Accept, Expend, And Distribute Said
Funds.
Moved by Councilor Barham that Ordinance No. 75-2009 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
701
Item 13b
RESOLUTION NO. 133-2009
Resolution Authorizing The City Manager To Execute An
Amendment To The Contract Between The City Of Wichita Falls And
The Humane Society Of Wichita County, Texas, Which Will Increase
The Amount Payable For Animal Reclaim And Related Services To
$14,073.43 Per Month.
Moved by Councilor Roberts-Burns that Resolution No. 133-2009 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 13c
RESOLUTION NO. 134-2009
Resolution Awarding Bid . For The 2009 CDBG Water Main
Replacement Project (CWF09-550-12) To Bowles Construction
Company, In An Estimated Total Amount Of$224,365.00.
Moved by Councilor Elmore that Resolution No. 134-2009 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Pro Tem Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 13d
RESOLUTION NO. 135-2009
Resolution Authorizing The City Manager To Execute A
Professional Services Agreement With Biggs And Mathews
Environmental, Inc., For Services Related To The City's Landfill
Permit, In The Amount Of$204,000.
Moved by Councilor Barham that Resolution No. 135-2009 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 13e
RESOLUTION NO. 136-2009
Resolution Awarding Bid For Asbestos Abatement of Hazardous
Structures to EDRS, Inc., dba ERS, In The Amount Of$23,778.00.
Moved by Councilor Roberts-Burns that Resolution No. 136-2009 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
702
Item 13e continued
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Bums, Ginnings,
and Elmore
Nays: None
Item 13f
RESOLUTION NO. 137-2009
Resolution Awarding Bid For Demolition, Clearing And Cleaning Of
Hazardous Structures To Weakley's Dozier, In The Amount Of
$20,800.00.
Moved by Councilor Barham that Resolution No. 137-2009 be passed.
Motion seconded by Mayor Pro Tern Hatcher and carried by the following
vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 13
RESOLUTION NO. 138-2009
Resolution Authorizing The Purchase Of A SWAT Equipment
Vehicle Through The General Services Administration Federal
Supply Contract From Farber Specialty Vehicles In The Amount Of
$70,565.00.
Moved by Councilor Elmore that Resolution No. 138-2009 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings,
and Elmore
Nays: None
Item 14a
There were no staff reports.
Item 14b
Councilor Roberts-Burns requested that staff check Juarez and Rosewood
Streets for Code violations. She also mentioned the junk cars at an old filling
station that used to be on Harding and Rosewood Streets.
Councilor Elmore asked staff to check into the alleyway on Fairway south
of Southwest Parkway that we use for trash pick up; a citizen wants to know if we
can pave that. Councilor Elmore was not sure if that was an alley and he asked
staff to check into that and get back with him.
Councilor Barham thanked the audience for being patient during the
Executive Sessions.
703 ,
Item 14b continued
Councilor Barham reminded everyone that the SAFB Air Show was this
weekend, Saturday and Sunday, and encouraged everyone to attend.
Councilor Barham reminded everyone that tonight was "National Night Out
for Community Partnership with the Police Department". Tonight is also
Celebrate your Neighborhood with Existing Neighborhood Watch groups.
Councilor Barham informed that the new fire truck would be here on
Friday, weather permitting.
Councilor Ginnings expressed concern with regards to the increase in
criminal activity in multi-housing units. In addition to what we are already doing is
there anything else we might do that would mitigate instances where someone
goes out of their apartment, commits a crime, and returns back to their
apartment?
Police Chief stated that gated communities have been a benefit and they
keep people from running back and forth in those units. He asked citizens for
their assistance by reporting any unusual, suspicious activity; he also mentioned
their education programs that are available to individuals as well as groups. He
encouraged everyone to be aware of their surroundings at all times.
Councilor Ginnings asked staff to give some thought to gating as a
requirement and that staff email Council their ideas on this issue.
Councilor Ginnings read a letter for solicitation to Camp Fire from an 11
year old boy who stated that he does not get to play outside his apartment
complex because of the gang environment. Councilor Ginnings said that he
knows we are all working to have an environment where that is not a problem. I
hate that any human in this town cannot enjoy the out of doors or walk and
believe we are safe but that is the world we live in; it is a broken world.
Councilor Ginnings gave this morning as an illustration where Council
considered an issue with a lot of technical aspects to it. We also have technical
people come before us and we are asked to consider things that are legally
complex. Staff always provides Council with some kind of memo to prep them,
however, he felt that when we have technical legal presentations before us we
need to require response and verbal debate or counterpoint from staff. He asked
if Council concurred that there be such a requirement in the job description of our
staff whether we hire them or the City Manager.
Councilor Smith asked for a one year written report on the value of
Champions Course at Weeks Park.
Councilor Smith mentioned an idea from a citizen regarding ADA handicap
ramps at intersections when the City makes repairs and he suggested that in the
future when it can be easily done and not too costly that ADA handicap ramps be
put in at intersections when repairs are being made.
Councilor Smith referred to the September 15 Council meeting when a
citizen commented that those over 65 years of age do not have to pay City taxes;
that is not correct. He clarified that they do not have to pay additional taxes
based on an increase in the tax rate but if your value goes up you are going to
have to pay additional taxes.
Councilor Smith asked for an update on the graffiti abatement letter. City
Manager informed that the letter has been approved and returned to Mr. Dave
Clark. Councilor Smith reminded everyone that we are back to where we were
before the legislature, and although the City is going to have to prioritize these
graffiti incidents please call Code Enforcements and report these.
Councilor Smith asked staff to look into lawn watering limitations during
the winter months to allow lawn watering at any time during the winter months.
Public Works will look into that.
Councilor Smith encouraged everyone to get their regular flu shots
immediately and be prepared to take the HIN 1 flu shots if you are in the priority
group.
704
Item 14b continued
Councilor Smith asked cat and dog owners to get their pets neutered and
spayed.
Councilor Smith mentioned that he was at Chicago O'Hare Airport and
saw General Deveraux, immediate past Commander at SAFE, and he sends
greetings to everyone.
Mayor Pro Tern Hatcher referred to the graffiti abatement and stated that
everyone can and should try to take care of that themselves because we are in
tight budget times. He added that the paint colors may not be to your liking.
Mayor Pro Tern Hatcher reminded everyone that SAFB Air Show is this
weekend and the Curtis Jenny is going to do a fly over.
Mayor Pro Tern Hatcher reported that there was a house on Amherst that
has bees living in the wall. People several houses down asked if this was a
nuisance. There are also about ten wild cats there which might pertain to our
feral cat ordinance. He will discuss this with the Health Director.
Mayor Pro Tem Hatcher said he was out of town last Wednesday and
unfortunately was unable to attend Officer Melvin Joyner's retirement celebration.
Officer Joyner has been a great asset to the City for a long time.
Mayor Pro Tern Hatcher was touched by Patrick Bentley and the flag that
was brought back from Iraq; that is a touching thing and we appreciate him for his
service and dedication to our Country.
Mayor Pro Tern Hatcher referred to Employee of the Month Alan Whitmire,
and said he was touched by an employee who has worked for the City 43 years.
We appreciate and commend his extensive service and dedication to the City and
our community.
Item 15a
City Council went into Executive Session at 12:40 p.m. in accordance with
Texas Government Code Sections 551.071, 551.072 and 551.087.
City Council reconvened at 2:55 p.m.
Mayor Pro Tern announced that no votes or polls were taken during
Executive Session.
City Council adjourned at 2:58 p.m.
PASSED AND APPROVED thiday of L2009.
AY OR
ATTEST:
L dia Ozuna
ity Clerk
NOTICE OF MEETING
Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers Of The Memorial
Auditorium, 1300 Seventh Street, On Tuesday, October 6, 2009 Beginning
At 8:30 A.M.
City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael
Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim
Ginnings, and Charles Elmore.
1. Call To Order
2. (a) Invocation: Lt. Colonel Frederick McFarland,
Chaplain's Office, Sheppard AFB
(b) Pledge Of Allegiance
3. Presentations
(a) Presentation Of American Flag From Iraq — Patrick Bentley,
Former Army Specialist
(b) Proclamation - HopeLine Domestic Violence Awareness Month-
First StepNerizon Wireless
(c) Employee Of The Month - Alan Whitmire, Parks & Recreation
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 September 15, 2009 Regular Meeting Of The
Mayor And City Council.
CONSENT AGENDA
6. Resolutions
(a) Resolution Awarding Bid For City's Annual Supply Of Water
Meters To Elster AMCO Water, Inc., In The Amount Of
$167,045.00 (Council Bill # 203)
(b) Resolution Authorizing The City Manager To Execute Contracts
City Council Agenda
Tuesday, October 6, 2009
Page 2
With Several Community Service Organizations And
Organizations That Promote The Convention And Tourism
Industry (Council Bill # 204)
(c) Resolution Of The City Council Of The City Of Wichita Falls,
Texas Authorizing A Conflict Of Interest Waiver For a City
employee Qualifying For Various U.S. Department Of Housing
And Urban Development Funded Programs (Council Bill # 205)
7. Receive Minutes
(a) Civil Service Commission, November 13, 2008
(b) Aviation Advisory Board, May 21 , 2009
(c) Aviation Advisory Board, July 16, 2009
(d) WF Economic Development Corporation, August 27, 2009
(e) WF Economic Development Corporation, September 9, 2009
REGULAR AGENDA
8. Public Hearing To Review The City's Juvenile Curfew Ordinance
9. Public Hearing Regarding Proposed Annexation Of Approximately
242.73 Acres Of Land Generally East Of Allendale Road And
South Of Kell Boulevard That Includes Property Owned By
North Texas Rural Rail Transportation District, Pitts Sand And
Gravel Inc., And Land Generally Referred To As The Certain-
Teed Or Saint Gobain Vetrotex Property.
10. (a) Public Hearing On Request From Claudio Ramirez, Jr. To
Increase The Number of Taxicabs Permitted
(b) Ordinance To Increase The Number Of Taxicabs Permitted To
All American Cab (Council Bill # 206)
11 . (a) Public Hearing On A Request From Claudio Ramirez, Jr., DBA
Wichita Limousine & Special Service Vehicles, For A Special
Service Vehicle Franchise
(b) Ordinance Authorizing A Franchise For A Special Service
Vehicle To Operate A Limousine Service To Claudio Ramirez,
Jr. (Council Bill # 207)
City Council Agenda
Tuesday, October 6, 2009
Page 3
12. Ordinances
(a) Ordinance Rezoning Lots 3 And 4, Block 5, Southland Addition,
Also Known As 1104 And 1106 Alma Street, And The Adjacent
Alley Right-Of-Way, From Limited Office To Limited
Commercial, And Amending The Land Use Plan To Change
The Area From Low Density Residential To Light Commercial
(Council Bill # 208)
(b) Ordinance Amending Section 2-911(8)(d) Of The Wichita Falls
Code Of Ordinances to Increase The Fee For Zoning
Amendments (Rezoning) (Council Bill # 209)
(c) Ordinance Closing, Abandoning, And Vacating A Previously
Dedicated 10 Foot Wide (approximately 2,463 Square Feet)
Utility Easement in Lot 20, Block 1, Westover Hills
Addition/Subdivision, Located At 1907 Wenonah Blvd (Council
Bill # 210)
(d) Ordinance Amending Section 82-163 Of The Wichita Falls
Code Of Ordinances To Increase Fees For Specified
Recreational Programs (Council Bill # 211)
(e) Ordinance Appropriating To The Special Revenue Fund For
The Public Health Emergency Response Grant In The Amount
Of $111 ,653 Received From The Department Of State Health
Services and Authorizing The City Manager To Execute All
Documents Necessary To Accept, Expend, And Administer
Said Funds (Council Bill # 212)
(f) Ordinance Accepting Grant Funds For The 2009 Edward Byrne
Memorial Justice Assistance Grant Program (Local Solicitation
Award #2009-DJ-BX-0326); Appropriating Said Funds In The
Special Revenue Fund In The Amount Of $71 ,232.00, Which
Will Be Shared With Co-Applicant, Wichita County, Texas, And
Authorizing Execution Of All Necessary Documents To Accept,
Expend, And Distribute Said Funds (Council Bill # 213)
13. Resolutions
(a) Resolution Approving The Programs And Expenditures Of The
Wichita Falls Economic Development Corporation, A 4A
Development Corporation, Including, But Not Limited To, The
FY 2009-2010 Budget (Council Bill # 214)
(b) Resolution Authorizing The City Manager To Execute An
Amendment To The Contract Between The City Of Wichita
Falls And The Humane Society Of Wichita County, Texas,
City Council Agenda
Tuesday, October 6, 2009
Page 4
Which Will Increase The Amount Payable For Animal Reclaim
And Related Services To $14,073.43 Per Month. (Council Bill #
215)
(c) Resolution Awarding Bid For The 2009 CDBG Water Main
Replacement Project (CWF09-550-12) To Bowles Construction
Company, In An Estimated Total Amount Of $224,365.00
(Council Bill # 216)
(d) Resolution Authorizing The City Manager To Execute The
Attached Professional Services Agreement With Biggs And
Mathews Environmental, Inc. For Services Related To The
City's Landfill Permit, In The Amount Of $204,000 (Council Bill
# 217)
(e) Resolution Awarding Bid For Asbestos Abatement Of
Hazardous Structures To EDRS, Inc., dba ERS, In The Amount
Of $23,778.00 (Council Bill # 218)
(f) Resolution Awarding Bid For Demolition, Clearing And Cleaning
Of Hazardous Structures To Weakley's Dozier In The Amount
Of $20,800.00 (Council Bill # 219)
(g) Resolution Authorizing The Purchase Of A SWAT Equipment
Vehicle Through The General Services Administration Federal
Supply Contract, From Farber Specialty Vehicles In The
Amount Of $70,565.00. (Council Bill # 220)
14. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City
Council.
15. Executive Sessions.
(a) Executive Session in accordance with Texas Government Code
§551.071 , consultation with attorney on matter involving
pending or contemplated litigation or other matter in which the
duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the Texas Open Meetings Act
(including, but not limited to, legal issues related to
development adjacent to Lake Wichita, incentive programs of
the Wichita Falls Economic Development Corporation, potential
acquisition of Castaway Cove, and proposed mineral leases
below Lucy Park [via drilling from neighboring properties]).
City Council Agenda
Tuesday, October 6, 2009
Page 5
(b) Executive Session in accordance with Texas Government Code
§ 551 .072, to deliberate the purchase, exchange, lease, or
value of real property interests due to the fact that deliberation
in an open meeting would have a detrimental effect on the
position of the City in negotiations with a third party (including,
but not limited to, the purchase and/or value of the properties
adjacent to Lake Wichita, Castaway Cove property, and mineral
estates below Lucy Park [via drilling from neighboring
properties).
(c) Executive Session in accordance with Texas Government Code
§ 551 .087, to discuss or deliberate the offer of a financial or
other incentive to a business prospect that the City Council
seeks to have, locate, stay, or expand in or near the territory of
the City of Wichita Falls and with which the City and/or
economic development corporations created by the City are
conducting economic development negotiations (including, but
not limited to, incentives of the Wichita Falls Economic
Development Corporation in aerospace industries).
16. Adjourn
Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped
parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish
language interpreters, deaf interpreters, Braille copies or any other special needs will be provided
to any person requesting a special service with at least 24 hours notice. Please call the City
Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's
reception area or you may call 761-7404 for inquiries.
Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed,
any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open
Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related
thereto.Resolutions,ordinances,and other actions concerning any word,phrase,or other subject may be voted upon, regardless of
any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development
regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita
Falls budget, including,without limitation, any street,water pipe, sewer, drainage structure, department, employee, contract or real
property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without
further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether
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.
Any descriptions of property or amounts stated herein are descriptive and not restrictive, and property and amounts may be
changed in the motions, actions or documents without further public notice. This agenda has been reviewed and approved by the
attorney for the governing body, and the presence of any subject or description in the Executive Session portion of this agenda
constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for the governmental body
indicating that said subject or description thereof may be legally discussed in a closed meeting.
CERTIFICATION
City Council Agenda
Tuesday, October 6, 2009
Page 6
1 certify that the above notice of meeting was posted on the bulletin board at
Memorial Auditorium, Wichita Falls, Texas on the day of
, 2009 at o'clock (a.m.)(p.m.).
City Clerk