Min 12/20/2011 336
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
December 20, 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
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Reverend Kevin Tiaden, St. Paul Lutheran Church, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Elmer Emery with the University Kiwanis Club presented a check in the amount
of$3,000 to the City of Wichita Falls for 2011 profits from ball field concession stand.
Mayor accepted the check on behalf of the City and thanked the University Kiwanis
Club.
Item 3b
Mayor proclaimed December 20, 2011 as "Women's Heart Health Awareness Day in
Wichita Falls". This is supported by United Regional Foundation. Tina Roe, Phyllis Cowling,
and several supporters accepted the proclamation. Mrs. Roe provided information on the
event.
Item 4
No one signed to speak under comments from the public.
Item 5
Minutes of the December 6, 2011 Council meeting were approved as
distributed.
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Items 6-7
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 Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 6
RESOLUTION NO. 16-2011
Resolution Awarding Bid For Roll-Out Refuse And Yard Waste Carts To
Rehrig Pacific Company In The Amount Of$114,292.50
Item 7
Minutes of the following boards and commissions were received.
(a) Park Board, October 27, 2011
(b) Civil Service Commission, November 4, 2011
Item 8a
ORDINANCE NO. 72-2011
Ordinance Amending Section 94-17 of the Code Of Ordinances Of The City Of
Wichita Falls To Authorize The Use of Golf Carts for Holiday Parcel Delivery;
Providing For Codification; And Providing an Emergency And Effective Date
Moved by Councilor Roberts-Burns that Ordinance No.72-2011 be passed.
Motion seconded by Councilor Ingle.
Thomas Taylor, 2318 Rockhill, expressed concern about the driver Safety Program,
and requested that if Council approves this that they not be allowed to cross Missile Road.
Moved by Mayor Barham to amend Sec. 94-17 (a) of the proposed ordinance by
prohibiting golf carts from crossing any street with speed limit of 40 mph and above.
Motion seconded by Councilor Smith.
Councilor Hatcher expressed concern that this may become cumbersome for UPS
drivers.
Moved by Councilor Hatcher to amend Sec. 94-17(a) by retaining the original
paragraph with the addition of Missile Road.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Pope, Hatcher, Ingle, and Ward
Nays: Councilor Smith
Main motion as amended carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
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Item 8b
ORDINANCE NO. 73-2011
Ordinance Appropriating $2,043.87 To The Special Revenue Fund From The U.S.
Department Of Justice Bureau Of Justice Assistance And Authorizing The City Manager
To Execute All Documents Necessary To Accept Said Funds
Moved by Councilor Roberts-Burns that Ordinance No. 73-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 8c
ORDINANCE NO. 74-2011
Ordinance Making An Appropriation In The General Fund In The Amount Of
$116,000 To Partially Fund The Purchase Of A 34 Passenger Trolley
Moved by Councilor Hatcher that Ordinance No. 74-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 8d
ORDINANCE NO. 75-2011
Ordinance Amending The 2010-11 Budget In Various Funds As Part Of The
2010-11 Fiscal Year End Closing Process.
Moved by Councilor Roberts-Burns that Ordinance No. 75-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 8e
ORDINANCE NO. 76-2011
Ordinance Making An Appropriation To The Special Revenue Fund For HIV
Prevention Services In The Amount Of $117,500 Received From The
Department Of State Health Services And Authorizing The City Manager To
Execute a Contract Accepting Same
Moved by Councilor Hatcher that Ordinance No.76-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
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Item 9a
RESOLUTION NO. 117-2011
Resolution Authorizing The Purchase Of A 34-Passenger Hometown Trolley
Through The Buy Board Purchasing Cooperative From National Bus Sales &
Leasing, Inc., In The Amount Of$231,580.00
Moved by Councilor Roberts-Burns that Resolution No. 117-2011 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 9b
RESOLUTION NO. 118-2011
Resolution (1) Awarding the Bid For The Purchase Of Two 33,000 GVW
Cab & Chassis To Wichita Falls Freightliner In The Amount Of $192,086.00;
(2) Authorizing The Purchase Of Two Ferrara Custom Fire Pumper Engines
Through The H-GAC Purchasing Cooperative From Hall Buick Pontiac GMC
In The Amount Of $983,820.00; And (3) Authorizing The Purchase Of Three
Custom Fire Apparatus Bodies From Steel Fire Apparatus In The Amount Of
$290,948.00
Moved by Councilor Hatcher that Resolution No. 118-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 9c
RESOLUTION NO. 119-2011
Resolution Awarding A Bid For A Six-Year Capital Lease Purchase To Pinnacle
Public Finance For Various Fire Apparatus In A Total Amount Of$1,519,585.56
Moved by Councilor Roberts-Burns that Resolution No. 119-2011 be passed.
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
City Council recessed at 9:20 a.m. and reconvened at 9:40 a.m.
Item 9d
RESOLUTION NO. 120-2011
Resolution Awarding Bid For Asbestos Abatement And Demolition Of 3800 Call
Field Road To Midwest Wrecking In The Amount Of $108,550.00
Moved by Councilor Roberts-Burns that Resolution No. 120-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
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Item 9d continued
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 9e
RESOLUTION NO. 121-2011
Resolution Awarding Bids For Demolition, Clearing, And Cleaning Of 30
Structures To Weakley's Dozer Service In The Amount Of $31,150.00; Empire
Environmental In The Amount Of $11,786.10 And To Wilson Contracting In The
Amount Of$26,540.00
Moved by Councilor Ward that Resolution No. 121-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 9f
RESOLUTION NO. 122-2011
Resolution Supporting The Metropolitan Planning Process For Communities
With Populations Under 200,000
Moved by Councilor Ingle that Resolution No. 122-2011 be passed.
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 9g
RESOLUTION NO. 123-2011
Resolution Authorizing The Mayor To Execute A Tax Abatement Agreement
With BESE Holdings, LLC And Machining Solutions, LLC For Property At 5000
Block Of Central Freeway
Moved by Councilor Roberts-Burns that Resolution No. 123-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 9h
RESOLUTION NO. 124-2011
Resolution Approving The Transfer Of Various Aged Receivable Accounts To
Dormant Status As Part Of The City's Fiscal Year End Closing Process and
Authorize Collection Activities Thereon
Moved by Councilor Hatcher that Resolution No.124-2011 be passed.
341
Item 9h continued
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 10a
Mrs. Karen Montgomery gave an overview of the proposed Landmark Commission
Design Review Guidelines, explaining the difference/improvement between the current and
proposed guidelines, which are more detailed and provide more in-depth information along
with photos, which will have more clarity. She provided key points in the guidelines. Proposed
guidelines will be presented to Council in a resolution at their meeting in January 2012.
Mrs. Christy Graham, Landmark Commission Chair, gave personal comments on the
buildings she and her husband have renovated. She noted that serving on Landmark has
given her another firsthand look at the need to improve and detail the guidelines; she
encouraged Council to approve them.
Item 10b
Council members brought up the following matters.
Councilor Roberts-Burns:
a) Asked if the City had lost our charters completely. Mr. Burrus replied that to his
knowledge we had not.
b) MLK Prayer Breakfast, January 21 at MPEC; speaker will be General John Rice.
Councilor Ingle:
a) Merry Christmas, staff has done a good job this year.
b) December 31 New Year's Eve Party at MPEC with fireworks; Bob Sullivan
provided details.
Councilor Hatcher:
a) Season's greetings, Merry Christmas to everyone
b) Informed about the book 47 Miles of experiences of the 1979 tornado, a project of
the 2009 Leadership Class. Contact Clayton Lane to obtain a book.
Councilor Smith:
a) Mentioned the American Airline/American Eagle bankruptcy which could mean the
loss of some or all our air service; asked for an update. Mr. John Burrus informed
that ATR aircraft was going to be replaced with regional jets in January.
b) Newspaper article from Dr. and Mrs. Galloway, thanking City and Library Staff for
all the services/resources they provide; they encouraged everyone to take
advantage of this wonderful resource.
c) Merry Christmas and Happy New Year, have a safe one.
Councilor Ward:
a) Merry Christmas and Happy New Year
Councilor Pope:
a) Merry Christmas and a Blessed New Year
Mayor Barham:
a) Commended staff for the great work they do.
b) Citizens will see first visible signs by end of January of a project we have been
working on for some time— Callfiedl/Lawrence Road Project.
Item 11 a
No Executive Session was needed on the BESE Holdings and Machining Solutions d/b/a
Arrow Manufacturing Tax Abatement Agreement.
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Item 11 b
City Council went into Executive Session at 10:35 a.m. in accordance with Texas
Government Code Section 551.074.
City Council reconvened at 10:38 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 12
Moved by Councilor Smith that Mr. Danny Shine be appointed to the Construction
Board of Adjustment and Appeals, Place 11, with term to expire December 31, 2014.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Moved by Councilor Smith to appoint Mr. Ben Filer as Chair of the Tax Increment
Financing District, Reinvestment Zone#2, with term to expire December 31, 2012.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Moved by Councilor Smith that Kenneth Haney be appointed as Chair to the
Tax Increment Financing District, Reinvestment Zone #3, with term to expire December
31, 2012.
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 13
City Council adjourned at 10:44 a.m.
PASSED AND APPROVED this 3 d day of January 2012.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, Mayor Pro Tern
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Michael Smith, District 1 !
`r Annetta Pope-Dotson, District 2
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/ Rick Hatcher, District 3
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S Tim Ingle, District 4 °
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T E X A S Mary Ward, District 5
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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, December 20, 2011 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation:
(b) Pledge Of Allegiance
3. Presentations
(a) Presentation of Check From University Kiwanis Club For 2011 Profits From
Ball Field Concession Stand
(b) Proclamation -Women's Heart Health Awareness Day, United Regional
Foundation
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 December 6, 2011 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
6. Resolution Authorizing Award Of Bid For Roll-Out Refuse And #199
Yard Waste Carts To Rehrig Pacific Company In The Amount
Of$114,292.50
7. Receive Minutes
(a) Park Board, October 27, 2011
(b) Civil Service Commission, November 4, 2011
REGULAR AGENDA
8. Ordinances
(a) Ordinance Amending Section 94-17 of the Code Of #200
Ordinances Of The City Of Wichita Falls To Authorize
The Use of Golf Carts for Holiday Parcel Delivery;
Providing For Codification; And Providing an
Emergency And Effective Date
(b) Ordinance Appropriating $2,043.87 To The Special #201
Revenue Fund From The U.S. Department Of Justice
Bureau Of Justice Assistance And Authorizing The City
Manager To Execute All Documents Necessary To
Accept Said Funds
(c) Ordinance Making An Appropriation In The General #202
Fund In The Amount Of $116,000 To Partially Fund The
Purchase Of A 34 Passenger Trolley
(d) Ordinance Amending The 2010-11 Budget In Various #203
Funds As Part Of The 2010-11 Fiscal Year End Closing
Process
(e) Ordinance Making An Appropriation To The Special #204
Revenue Fund For HIV Prevention Services In The
Amount Of $117,500 Received From The Department Of
State Health Services And Authorizing The City Manager
To Execute Contract Accepting Same
9. Resolutions
(a) Resolution Authorizing The Purchase Of A 34 Passenger #205
Hometown Trolley Through The Buy Board Purchasing
Cooperative From National Bus Sales & Leasing, Inc., In
The Amount Of$231,580.00
(b) Resolution (1) Awarding the Bid For The Purchase Of #206
Two 33,000 GVW Cab & Chassis To Wichita Falls
Freightliner In The Amount Of $192,086.00; (2)
Authorizing The Purchase Of Two Ferrara Custom Fire
Pumper Engines Through The H-GAC Purchasing
Cooperative From Hall Buick Pontiac GMC In The
Amount Of $983,820.00; And (3) Authorizing The
Purchase Of Three Custom Fire Apparatus Bodies From
Steel Fire Apparatus In The Amount Of$290,948.00
CITY COUNCIL AGENDA
PAGE 2 OF 4 PAGES
(c) Resolution Awarding A Bid For A Six-Year Capital Lease #207
Purchase To Pinnacle Public Finance For Various Fire
Apparatus in a total amount of$1,519,585.56
(d) Resolution Awarding Bid For Asbestos Abatement And #208
Demolition of 3800 Call Field Road To Midwest Wrecking
In The Amount Of$108,550.00
(e) Resolution Awarding Bids For Demolition, Clearing, And #209
Cleaning Of 30 Structures To Weakley's Dozer Service In
The Amount Of $31,150.00; To Empire Environmental In
The Amount Of $11,786.10; And To Wilson Contracting
In The Amount Of$26,540.00
(f) Resolution Supporting The Metropolitan Planning #210
Process For Communities With Populations Under
200,000
(g) Resolution Authorizing The Mayor To Execute A Tax #211
Abatement Agreement with BESE Holdings, LLC and
Machining Solutions, LLC for Property at 5000 Block Of
Central Freeway
(h) Resolution Approving The Transfer Of Various Aged #212
Receivable Accounts To Dormant Status As Part Of The
City's Fiscal Year End Closing Process and Authorize
Collection Activities Thereon
10. Other Council Matters
(a) Staff Council Discussion
• Landmark Commission - Design Review Guidelines
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. Executive Sessions:
(a) 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
for BESE Holdings and Machining Solutions d/b/a Arrow
Manufacturing)
CITY COUNCIL AGENDA
PAGE 3 OF 4 PAGES
(b) Executive Session In Accordance With Texas Government Code §
551.074 To Deliberate The Appointment, Employment, Evaluation,
Reassignment, Duties, Discipline, Dismissal Of A Public Officer Or
Employee, Including, But Not Limited To Members Of The Following
Boards and Commissions:
• Construction Board of Adjustment
• Tax Increment Financing District#2 (Chairman)
• Tax Increment Financing District#3 (Chairman)
12. Open Session To Consider Appointments To The Following Boards and
Commissions:
• Construction Board of Adjustment
• Tax Increment Financing District#2 (Chairman)
• Tax Increment Financing District#3 (Chairman)
13. 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.
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
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