Min 01/18/2011 187
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
January 18, 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
Linda Ammons - Councilors
Michael Smith -
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
Rev. David Crawford, Pastor Fain Presbyterian Church, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
No one signed up to speak under Public Comments.
Item 4
Minutes of the January 4, 2011 Council meeting were approved as distributed.
Items 5a-6b
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ingle that the Consent Agenda be approved.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle,
and Ward
Nays: None
188
Item 5a
RESOLUTION NO. 06-2011
Resolution Authorizing The Purchase Of Two Handheld
Spectrometers For The Fire Department Hazardous Materials
Response Team From Ahura Scientific, Inc., In The Amount Of
$94,050.00, Through The U.S. General Services Administration
Federal Supply Contract
Item 5b
RESOLUTION NO. 07-2011
Resolution Authorizing The City Manager To Execute A
Memorandum Of Understanding Regarding The Adoption Of
The Texas Department Of Transportation's Federally—
Approved Disadvantaged Business Enterprise Program
Item 5c
RESOLUTION NO. 08-2011
Resolution Authorizing The City Manager To Execute An
Advance Funding Agreement With The Texas Department Of
Transportation For The Seymour Highway/Barnett Road Hike
And Bike Trail Project.
Items 6a-6b
Minutes of the following commissions were received.
a) Civil Service Commission, January 28, 2010
b) Traffic Safety Commission, November 3, 2010
Item 7a
A public hearing was held on a request from Claudio Ramirez, Jr. dba
Wichita Star Taxi, for a taxicab franchise.
Mayor declared the public hearing open.
Mr. John Burrus, Director Aviation, Traffic, Transportation, provided
information on the events leading up to this public hearing. On August 17, 2010
Council granted Mr. Ramirez, Jr. a temporary franchise for his business, Wichita
Star Taxi, which will expire on February 18, 2011. It is now before Council for
your consideration. A lot of Council's concerns have been resolved in the
ordinance changes. This hearing is to reconsider Mr. Ramirez, Jr.'s request for a
franchise. During the temporary period Wichita Star Taxi has worked very well
with City Staff and communications have been productive and they have
responded to all City requests and are following City ordinances. No problems
were experienced with their taxis brought in for inspection.
Claudio Ramirez, Jr. 2401 McNiel, informed that Minnie Ramirez is the
Manager of Wichita Star Taxi and Sue Ann Garner is the Assistant Manger, and
they have been doing a good job of keeping everything in order. They have a new
sign at their office and their fleet is in good operating condition.
Councilor Ammons expressed appreciation to Mr. Ramirez, Jr. for clearing
up all their concerns. I am very proud of you.
Charles Elmore, 1133 Crescent, encouraged council to use caution; the
proposal is for five years for a franchise agreement. There were so many
questions in the past. He encouraged authorizing a one year franchise to keep a
handle on it.
It was noted that five year franchise is the maximum and that is what has
historically been done in the City.
189
Item 7a continued
Mayor called for additional public comments. There being none Mayor
declared the public hearing closed.
Item 7b
ORDINANCE NO. 01-2011
Ordinance Granting Or Refusing A Franchise For A Taxicab
Service To Claudio Ramirez, Jr., dba Wichita Star Taxi
Moved by Councilor Ammons that Ordinance No. 01-2011 be passed authorizing
a five year franchise to Claudio Ramirez, Jr. dba Wichita Star Taxi, with franchise to
expire January 19, 2016.
Motion seconded by Councilor Smith. and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8a
ORDINANCE NO. 02-2011
Ordinance Approving Change Order No. 1 To The Aircraft
Parking Apron/Fuel Farm Project At Kickapoo Downtown
Airport To Add $267,267.60 For Additional Paving Work And
Appropriating $25,768.84 Of Airport Equity Funds for The
City's Part Of The Cost Of Said Improvements
Moved by Councilor Roberts-Burns that Ordinance No. 02-2011 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ing►e,
and Ward
Nays: None
Item 8b
ORDINANCE NO. 03-2011
Ordinance Appropriating $7,200 From The Airport Equity Fund
For The Purchase Of Furniture, Equipment And Flooring At
Kickapoo Downtown Airport For The 2010/2011 Budget Year
Moved by Councilor Hatcher that Ordinance No. 03-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
190
Item 8c
ORDINANCE NO. 04-2011
Ordinance Granting A Variance Of Section 5430.113 Of The Code
of Ordinances Of The City Of Wichita Falls, Which Prohibits
The Sale Of Alcoholic Beverages Within 300 Feet Of A
Property Line Of A School, To La Michoacana Meat Market At
1508 Midwestern Parkway For An Off-Premise Alcoholic
Beverage Sales Permit
Moved by Councilor Roberts-Burns that Ordinance No. 04-2011 be passed.
Motion seconded by Councilor Ammons.
Ronald Monshaugen, Attorney from Houston representing La Michoacana,
provided factors he feels qualify the market for a variance.
Rodrigo Amare, General Manager of La Michoacana, responded to questions
and informed on their plan to expand in this region.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8d
ORDINANCE NO. 05-2011
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Article VIII Of Chapter 48 Of The Code Of Ordinances To
Provide For Animal Services Fees And Providing For Codification
Moved by Councilor Hatcher that Ordinance No. 05-2011 be passed.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8e
ORDINANCE NO. 06-2011
Ordinance Appropriating $85,098 To The Special Revenue
Fund For The Ryan White Part C Grant For The Early
Intervention Program And Authorizing The City Manager To
Execute A Contract And All Other Documents Necessary To
Receive Said Funds From Tarrant County For The Wichita
Falls-Wichita County Health District Pursuant To Said Grant
Moved by Councilor Roberts-Burns that Ordinance No. 06-2011 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
191
City Council recessed at 9:20 a.m. and reconvened at 9:35 a.m.
Item 8f
ORDINANCE NO. 07-2011
Ordinance Amending Section 106-990 of the Code Of
Ordinances Of The City Of Wichita Falls, relating to The City's
Storm Drainage Utility System, Providing For Codification, And
Declaring An Effective Date
Moved by Councilor Ammons that Ordinance No. 07-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 9
RESOLUTION NO. 09-2011
RESOLUTION OF THE CITY OF WICHITA FALLS SUSPENDING
THE FEBRUARY 14, 2011 EFFECTIVE DATE OF ONCOR
ELECTRIC DELIVERY COMPANY'S REQUESTED RATE
CHANGE TO PERMIT THE CITY TIME TO STUDY THE
REQUEST AND TO ESTABLISH REASONABLE RATES;
APPROVING COOPERATION WITH THE STEERING
COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL
AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE
COMPANY AND DIRECT ANY NECESSARY LITIGATION AND
APPEALS; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR
THE STEERING COMMITTEE
Moved by Councilor Roberts-Burns that Resolution No. 09-2011 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 10a
There were no staff reports.
Item 10b
Council members brought up the following matters.
Councilor Ammons:
1) Thanked Councilor Roberts-Burns for a fabulous Martin Luther King breakfast;
had a great speaker.
2) Kudos to City Attorney for all the information he has provided her, as well as
192
Item 10b continued
Pat Hoffman for all her help these past two weeks. Thanked Jimmy Garcia for helping
with information on a septic issue.
3) Suggested the press help with the Pride in the Falls Campaign by informing on
the growth in the City and providing an overview with such things as construction permits
being issued, streets being blocked off, commercial growth information, etc.. She also
suggested that this information be put on the website.
Councilor Ingle:
1) Staff did a great job with the pilot's lounge at Kickapoo Airport.
2) Thanked Chief Bachman and his staff for helping him with "ride along"; it was
very interesting and impressive.
3) Kudos to Councilor Roberts-Burns for a great Martin Luther King breakfast.
4) Thanked Pat Hoffman for all the help she gave him.
Councilor Hatcher:
1) City is full of people doing a great job; our whole organization is awesome.
2) Encouraged everyone to participate in Pride in the Falls Campaign, next
phase-web portal; go to www.choosewichitafalls.com
3) Left on red light at Arby's
4) Keep pressure on TXDOT to do something to the medians on Southwest
Parkway as money becomes available.
5) Congratulated Councilor Roberts-Burns for a good job on the Martin Luther
King Breakfast.
Councilor Smith:
1) Animal Shelter Center will open February 1; dedication ceremony January 31
at 11:00 a.m. 1207 Hatton Road. Everyone is invited, we are proud of this facility.
2) February 1 Museum of North Texas History will have exhibit on Black History
in North Texas area; ceremony at 7 p.m. at the Museum
3) Slow down on school zones; problems south of Crockett School with people
speeding in that area; there are a lot of children walking in that area; slow down.
4) Need a way to remind people about what we are doing commercially and
privately; many projects to improve our City and we need to be proud of that in these not
the best of economic times. Our hats are off to the staff and citizens for having the
foresight to plan for the future.
6) Asked for a report on the sign sweep by Code Enforcement. Assistant City
Manager Kevin Hugman informed that this is in effect and Code Enforcement is looking
at properties and talking to business owners about requirements. No letters have been
sent out yet but we are compiling that list. From an education standpoint, it is achieving
our goal of getting the word out and making people aware of what the requirements are
Councilor Ward:
1) Suggested recycling the old lights removed along 1-44 and Sheppard Access
Road to be used on down 287 to Old Iowa Park Road. John Burrus is checking with
TXDOT on this
2) Received an Inquiry about a building project on Airport and 1-44; that is very
encouraging.
3) Park improvement - we can still do more on that; commended Mr. Jack
Murphy for the gazebo placed in a Sunnyside park, and asked that they do something
like that in the north side.
4) Commended the staff, they do a great job
5) Martin Luther King breakfast was great and something to be proud of;
congratulated Councilor Roberts-Burns.
Councilor Roberts-Burns:
1) Thanked the Mayor, the Council, and the citizens for their support of the
Martin Luther King breakfast. Expressed appreciation to Councilor Ammons and
numerous members of the City staff who helped with the sound and setting up.
Mayor Barham:
1) Echoed all the Council's comments about the Martin Luther King breakfast; it
was one of the best, as well as the one of the best speakers who spoke from the heart.
2) Read a letter from Doris Keeney commending the Fire Department, Station 3,
Shift B for their efficiency, kindness and courtesy in assisting her when she fell in her
home. Fire Fighters and Police Department do a great job and we appreciate their work.
3) Pride in the Falls, next phase, check out the QR Code if you have a smart
phone, which will take you directly to www.choosewichitafalls.com. Sametta Brown has
already created a QR Code for the City's website. Pretty neat stuff going on in this
campaign. He thanked the citizens for taking pride in their community.
193
City Council adjourned at 10:05 a. m.
PASSED AND APPROVED this 5 day of 2011.
MAYOR
ATTEST:
L dia Ozuna
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor "
Linda Ammons, Councilor At Large
Michael Smith, District 1
Dorothy Roberts-Burns, Mayor Pro Tern
•� !� Rick Hatcher, District 3 +
ic
Q A S Tim Ingle, District 4
T E X A S Mary Ward, District 5
P/ueSkie`i.r?�/de�O��o-�fiun�7ies
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, January 18, 2011 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Reverend David Crawford, Pastor
Fain Presbyterian Church
(b) Pledge Of Allegiance
3. 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.
4. Approval Of Minutes Of The January 4, 2011 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
5. Resolutions
(a) Resolution Authorizing The Purchase Of Two Handheld #06
Spectrometers For The Fire Department Hazardous
Materials Response Team From Ahura Scientific, Inc., In
The Amount Of $94,050, Through The U.S. General
Services Administration Federal Supply Contract
(b) Resolution Authorizing The City Manager To Execute A #07
Memorandum Of Understanding Regarding The
Adoption Of The Texas Department Of Transportation's
Federally—Approved Disadvantaged Business Enterprise
Program
City Council Agenda
Tuesday, January 18, 2011
Page 2
(c) Resolution Authorizing The City Manager To Execute An #08
Advance Funding Agreement With The Texas
Department Of Transportation For The Seymour
Highway/Barnett Road Hike And Bike Trail Project
6. Receive Minutes
(a) Civil Service Commission, January 28, 2010
(b) Traffic Safety Commission, November 3, 2010
REGULAR AGENDA
7. (a) Public Hearing On Request From Claudio Ramirez, Jr. dba Wichita
Star Taxi, For A Taxicab Franchise
(b) Ordinance Granting Or Refusing A Franchise For A #09
Taxicab Service To Claudio Ramirez, Jr., dba Wichita
Star Taxi
8. Ordinances _
(a) Ordinance Approving Change Order No. 1 To The #10
Aircraft Parking Apron/Fuel Farm Project At Kickapoo
Downtown Airport To Add $267,267.60 For Additional
Paving Work And Appropriating $25,768.84 Of Airport
Equity Funds For The City's Part Of The Cost Of Said
Improvements
(b) Ordinance Appropriating $7,200 From the Airport Equity #11
Fund For the purchase of Furniture, Equipment And
Flooring At Kickapoo Downtown Airport For The
2010/2011 Budget Year
(c) Ordinance Granting A Variance to Section 5430.13. Of #12
The Code of Ordinances of the City of Wichita Falls,
which Prohibits The Sale Of Alcoholic Beverages Within
300 Feet Of A Property Line Of A School, to La
Michoacana Meat Market at 1508 Midwestern Parkway
for an off-premise alcoholic beverage sales permit
(d) Ordinance Amending Article VIII of Chapter 48 of the #13
Code of Ordinances of the City of Wichita Falls to
provide for Animal Services Fees and providing for
codification
City Council Agenda
Tuesday, January 18, 2011
Page 3
(e) Ordinance Appropriating $85,098 To The Special #14
Revenue Fund For the Ryan White Part C Grant for the
Early Intervention Program And Authorizing The City
Manager To Execute All Documents Necessary To
Receive Said Funds From Tarrant County For The
Wichita Falls-Wichita County Health District Pursuant To
Said Grant
(f) Ordinance Amending Section 106-990 of the Code Of #15
Ordinances Of The City Of Wichita Falls, relating to The
City's Storm Drainage Utility System, Providing For
Codification, And Declaring An Effective Date
9. Resolution Suspending The February 14, 2011 Effective Date #16
Of Oncor Electric Delivery Company's Requested Rate Change
and Approving Cooperation With The Steering Committee Of
Cities Served By Oncor To Hire Legal And Consulting
Services, Negotiate With The Company, And Direct Necessary
Litigation Activities
10. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. 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
City Council Agenda
Tuesday, January 18, 2011
Page 4
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