Min 08/01/2006 s 815
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
August 1, 2006
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:
Ray Gonzalez - Mayor Pro Tern
Jim Ginnings - Councilors
Dorothy Roberts-Burns -
Rick Hatcher -
Charles Elmore -
Darron Leiker - City Manager
Bill Sullivan - City Attorney
Lydia Ozuna - City Clerk
Lanham Lyne - Absent
Linda Ammons - Absent
Mayor Pro Tern called the meeting to order.
Item 2a
Pastor Bob Rogers, First Assembly of God Church, gave the invocation.
Item 2b
Councilor Roberts-Burns led in the Pledge of Allegiance.
Item 3 a
Mayor Pro Tern recognized Sgt. Jim Whitehead, Drug Task Force, Police Department, as
employee of the month for August 2006. Mayor Pro Tem presented Sgt. Whitehead with a plaque,
a check, dinner for two, and golf course passes.
Item 3 b
Mayor Pro Tern proclaimed August 1, 2006 as "National Night Out" in Wichita Falls and
urged all citizens to participate by turning on their porch lights and attending the Neighborhood
Watch parties being held tonight in their neighborhoods. Officer Steve Carroll who is over the
Neighborhood Watch Program accepted the proclamation. He thanked Target, the City Council,
Chief Bachman, his two partners for their support and help in this program. Mr. Jose Martinez,
Target Representative, said that they were proud of being a part of this program. He thanked the
Police Department for everything that they have done to deter crime.
816
Item 4
Mike Wheat, 2715 9th Street, presented a petition requesting that the Wichita Falls Police
Officers Association represent them as the sole and exclusive bargaining agent for the police
officers employed by the City, excluding the head of the Police Department and the exempt
employees, for meet and confer negotiations with the City of Wichita Falls.
Joy Parsons, 4723 Augusta Lane, spoke on the Patriot Act and the freedom of speech.
She asked Council to pass a resolution to protect our Constitutional rights in this City.
David Brock, 1819 Hines, complained that Animal Control was targeting him and he asked
that the City check to make sure Animal Control is doing their job and not worry about where his
horses are grazing.
Item 5
The Minutes were approved as distributed.
Items 6a-6c
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 Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Minutes of the following board and commission meetings were received
(a) Wichita Falls MPO Technical Advisory Committee— January 18, 2006
(b) Wichita Falls MPO Technical Advisory Committee —April 12, 2006
(c) Aviation Advisory Board — May 18, 2006
Item 7a
ORDINANCE NO. 59 -2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, MAKING AN APPROPRIATION IN THE SPECIAL REVENUE FUND IN
THE AMOUNT OF $4,000 FOR ADDITIONAL FUNDING FOR THE RYAN WHITE
III GRANT RECEIVED FROM TARRANT COUNTY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACT ACCEPTING SAME; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Ginnings that Ordinance No. 59-2006 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
817
Item 7b
ORDINANCE NO. 60-2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING EXISTING FRANCHISE ORDINANCE BETWEEN THE CITY
OF WICHITA FALLS AND TXU ELECTRIC DELIVERY COMPANY, A TEXAS
CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A
DIFFERENT PAYMENT SCHEDULE; PROVIDING AN EXTENSION OF THE
FRANCHISE TERM; PROVIDING FOR TXU ELECTRIC DELIVERY
ACCEPTANCE; 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. 60-2006 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 7c
ORDINANCE NO. 61-2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AMENDING SECTION 3530 PERMITTED USES AND SECTION 3540
CONDITIONAL USES, LIGHT INDUSTRIAL DISTRICT, OF APPENDIX B,
ZONING, OF THE WICHITA FALLS CODE OF ORDINANCES, REGARDING THE
RECONSTRUCTION AND EXPANSION OF SINGLE FAMILY DWELLINGS;
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. 61-2006 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 7d
ORDINANCE NO. 62-2006
ORDINANCE REZONING 1504 BARNETT ROAD, 75 ACRES OUT OF
ABSTRACT 375, FROM LIGHT INDUSTRIAL AND SINGLE FAMILY-1 TO
GENERAL COMMERCIAL AND AMENDING THE LAND USE PLAN
DESIGNATION TO COMMERCIAL; 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. 62-2006 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
818
Item 7e
ORDINANCE NO. 63-2006
ORDINANCE AMENDING THE 2005 WICHITA FALLS THOROUGHFARE PLAN
FOR THE NORTHERN PORTION OF THE LAKE WELLINGTON ESTATES
SUBDIVISION; FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW
Moved by Councilor Elmore that Ordinance No. 63-2006 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 7f
ORDINANCE NO. 64-2006
ORDINANCE MAKING AN APPROPRIATION FROM GENERAL EQUITY FUND
FOR PURPOSES OF PURCHASING A 1,250 GPM FIRE ENGINE; 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. 64-2006 be passed.
Motion seconded by Councilor Ginnings and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 7g
ORDINANCE NO. 65-2006
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 FEDERAL AVIATION ADMINISTRATION FOR
HANGAR AREA PAVEMENT IMPROVEMENTS AT KICKAPOO DOWNTOWN
AIRPORT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT ACCEPTING SAME; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW
Moved by Councilor Elmore that Ordinance No. 65-2006 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tem Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 8a
RESOLUTION NO. 97-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO AWARD BID AND CONTRACT FOR ENTRANCE ROAD, TERMINAL
PARKING AND HANGER AREA IMPROVEMENTS AT KICKAPOO DOWNTOWN
AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW
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Item 8a continued
Moved by Councilor Hatcher that Resolution No. 97-2006 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 8b
RESOLUTION NO. 98-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING THE PURCHASE OF ONE (1) 1,250 GPM PUMPER
ENGINES THROUGH THE BUYBOARD COOPERATIVE PURCHASING
PROGRAM FROM PIERCE MANUFACTURING IN THE AMOUNT OF
$315,021.00; 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. 98-2006 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 8c
RESOLUTION NO. 99-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO ACCEPT THE 2005 STREET REHABILITATION PROJECT, CWF05-
100-24 AND AUTHORIZE FINAL PAYMENT TO ZACK BURKETT, CO.; 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. 99-2006 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 8d
RESOLUTION NO. 100-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AMENDMENTS TO THE WICHITA FALLS 4B SALES TAX
CORPORATION 2005-2006 BUDGET; 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. 100-2006 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
820
Item 8e
RESOLUTION NO. 101-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, A RESOLUTION APPROVING THE 2006-2007 ANNUAL BUDGET OF
THE 4B SALES TAX BOARD; 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. 101-2006 be passed.
Motion seconded by Councilor Ginnings and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 8f
RESOLUTION NO.102-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH RCC
CONSULTANTS IN THE AMOUNT OF $194,750; 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. 102-2006 be passed.
Motion seconded by Councilor Ginnings and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 8
RESOLUTION NO. 103-2006
A RESOLUTION AUTHORIZING PARTICIPATION IN THE WICHITA FALLS
GANG TASK FORCE AND AUTHORIZING THE EXECUTION OF AN
INTERLOCAL AGREEMENT FOR WICHITA FALLS TASKFORCE SERVICES
WITH THE WICHITA COUNTY DISTRICT ATTORNEY'S OFFICE; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW
Moved by Councilor Ginnings that Resolution No. 103-2006 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Gonzalez, Councilors Ginnings, Roberts-Burns, Hatcher, and Elmore
Nays: None
Item 9a
City Manager mentioned the memo to Council regarding the budget as it relates to the $1.6
million that will be freed up, and asked that if they had any concerns about the figures in his memo
to let him know.
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Item 9b
Councilor Roberts-Burns encouraged citizens to participate in the National Night Out.
Councilor Elmore also mentioned the National Night Out and mentioned that some elderly
people were concerned about the heat and suggested October as another National Night Out. He
would like to do this more than just once a year.
Councilor Elmore expressed appreciation to the the volunteers from South Carolina that
are helping with the fires.
Councilor Elmore asked that Staff look into the Business Government Liaison Program that
Austin has. He would like to know more about it and if it can be implemented here.
Councilor Elmore informed that the public art project has had a lot of submissions and
noted that the cutoff date is September 1. He encouraged persons who are interested in assisting
in this project to contact him. He also asked businesses that have a wall that needs a mural to
contact him.
Councilor Ginnings and Councilor Hatcher agreed with the comments on the National Night
Out.
Councilor Ginnings felt that from time to time we are all guilty of wanting to blame
somebody else for whatever goes wrong. It seems like nobody is ever at fault on their own. That
sort of thing surfaced recently and those were the complaints about inattention by the police to
people in distress. We just don't take responsibility for our own actions. He said he had someone
call him about a traffic hazard which they said distracted them and caused damage to their car and
they felt the City should take care of the damage to their car. Our first reaction is that it is not our
fault. I think the police were unfairly maligned in some of the letters to the editor, but was lad to
see that people responded with some counter points. Councilor Ginnings expressed appreciation
to the staff for the professionalism, the dedication and the tremendous volume of work they are
turning out.
Councilor Hatcher felt that this was a great community with great people working for the
City. He is just amazed. Last weekend I attended the TML newly elected officials training and I
realized that we are doing a lot of things right. Our City is really doing great stuff. I appreciate
everyone that works for the City and all that they do.
Mayor Pro Tern Gonzalez agreed that Council does learn a lot by attending TML
workshops. Every time I attend one I return more proud of our community in how we work things
out after hearing the problems other communities are having.
Mayor Pro Tern Gonzalez encouraged everyone to participate in the National Night Out and
attend the block parties. He thanked the Public Information staff for scrolling the water ordinance
on Channel 11. Mayor Pro Tern encouraged citizens to conserve water any way that they can.
City Council adjourned at 10:45 a.m.
PASSED AND APPROVED this day of I L C,A, A , 2006.
MAYOR
ATTEST:
i
Lydia Ozuna
City Clerk
NOTICE OF MEETING
Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas, To Be Held In The City Council Chambers Of The Memorial
Auditorium, 1300 Seventh Street, On Tuesday, August 1, 2006, Beginning
At 8:30 A.M.
City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda
Ammons, Dorothy Roberts-Burns, Rick Hatcher, Ray
Gonzalez, and Charles Elmore.
1. Call to Order Mayor Pro Tern Gonzalez
2. (a) Invocation: Pastor Bob Rogers
First Assembly of God Church
(b) Pledge of Allegiance
3. Presentations:
(a) Employee Of The Month — Jim Whitehead
(b) Proclamation - National Night Out
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 July 18, 2006 Regular Meeting of the Mayor
and City Council.
CONSENT AGENDA
6. Receive Minutes
(a) Wichita Falls MPO Technical Advisory Committee, Jan. 18, 2006
(b) Wichita Falls MPO Technical Advisory Committee, April 12, 2006
(c) Aviation Advisory Board, May 18, 2006
City Council Agenda
Tuesday, August 1, 2006
Page 2
REGULAR AGENDA
7. Ordinances
(a) Ordinance Making Appropriation In The Special Revenue Fund
In The Amount of $4,000 For Additional Funding For the Ryan
White III Grant Received From Tarrant County and Authorizing
The City Manager to Execute Contract Accepting Same.
(Council Bill #159)
(b) Ordinance Amending Existing Franchise Ordinance Between
The City Of Wichita Falls And TXU Electric Delivery Company.
(Council Bill #160)
(c) Ordinance Amending Section 3530 Permitted Uses And
Section 3540 Conditional Uses, Of The Light Industrial District
Zoning Regulations, Regarding The Reconstruction And
Expansion Of Single Family Dwellings. (Council Bill #161)
(d) Ordinance Rezoning 1504 Barnett Road, 75 Acres Out Of
Abstract 375, From Light Industrial And Single Family-1 To
General Commercial And Amending The Land Use Plan
Designation To "Commercial." (Council Bill #162)
(e) Ordinance Amending The 2005 Wichita Falls Thoroughfare
Plan For The Northern Portion Of The Lake Wellington Estates
Subdivision. (Council Bill #163)
(f) Ordinance Making An Appropriation From General Equity Fund
For Purposes Of Purchasing A 1 ,250 GPM Fire Engine.
(Council Bill #164)
(g) Ordinance Making An Appropriation To The Special Revenue
Fund For Grant Revenue From The Federal Aviation
Administration For Hangar Area Pavement Improvements At
Kickapoo Downtown Airport And Authorizing The City Manager
To Execute An Agreement Accepting Same. (Council Bill #165)
8 Resolutions
(a) Resolution To Award Bid and Contract For Entrance Road,
Terminal Parking, and Hanger Area Improvements At Kickapoo
Downtown Airport. (Council Bill #166)
(b) Resolution Authorizing The Purchase Of One (1) 1 ,250 GPM
Fire Pumper Engines Through The BuyBoard Purchasing
Program. (Council Bill #167)
City Council Agenda
Tuesday, August 1, 2006
Page 3
(c) Resolution To Accept The 2005 Street Rehabilitation Project
CWF05-100-24, And Authorize Final Payment To Zack Burkett,
Co. (Council Bill #168)
(d) A Resolution Authorizing Amendments To The Wichita Falls
4B Sales Tax Corporation 2005-2006 Budget. (Council Bill
#169)
(e) A Resolution Approving The 2006-2007 Annual Budget Of The
4B Sales Tax Board. (Council Bill #170)
(f) A Resolution Approving A Professional Services Agreement
With RCC Consultants In The Amount of $194,750. (Council Bill
#171)
9. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City
Council.
10. 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.
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
, 2006 at o'clock (a.m.)(p.m.).
City Clerk
ADDENDUM TO
NOTICE OF MEETING
Regular Meeting Of The Mayor And City Council Of The City Of Wichita
Falls, Texas To Be Held In The City Council Chambers Of The Memorial
Auditorium On Tuesday, August 1 , 2006, Beginning At 8:30 a.m.
City Council: Mayor Lanham Lyne, Councilors Jim Ginnings, Linda
Ammons, Dorothy Roberts-Burns, Rick Hatcher, Ray
Gonzalez, and Charles Elmore
ADDENDUM TO REGULAR AGENDA
8. Resolutions
(g) Resolution Authorizing Participation In The Wichita Falls Gang
Task Force And Authorizing The Execution Of An Interlocal
Agreement For Wichita Falls Task Force Services With The
Wichita County District Attorney's Office. (Council Bill #172)
Wheelchair or handicapped accessibility to the meeting is possible by using the
handicapped parking spaces, ramp and elevator located off the east parking lot
on Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille
copies or any other special needs will be provided to any person requesting a
special service with at least 24 hours notice. Please call the City Clerk's Office at
761-7409.
CERTIFICATION
I certify that the above Addendum to the notice of meeting was posted on the
bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of
2006 at o'clock (a.m.)(p.m.).
City Clerk