Min 07/19/2011 266
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
July 19, 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 8:20 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
Maj. Richard Grozier, Chaplain-Sheppard Air Force Base, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Mayor moved Item 4 up to be considered at this time.
Item 4
Mrs. Teresa Rose, Public Works Deputy Director, presented the Storm Water
Book Cover Competition Winners. Art will be posted on the City's Storm Water
website. Winners received passes to Castaway Cove Water Park and Certificates of
Recognition.
Winners are as follows:
Category 19 years and over—Winner: Rachael Wherry
Category 12 years & Under—Winner: Alayna Green
2nd Place — Isis Holmes
3 d Place— Melanie Rose
Item 3
City Council held a discussion on redistricting of City Council districts and voting
precincts with Bob Bass, Redistricting Attorney. The discussion with Mr. Bass was via
telephone.
Mr. Bass reviewed Plan 1 and another proposal, which consisted of some
changes to Plan 1. After some questions and suggestions from Council and responses
from Mr. Bass on population, deviation and minority counts, Mr. Bass was directed to
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Item 3 continued
provide a proposal with the following changes and that it be presented to the Advisory
Committee for their recommendations then brought back to City Council
Place Lynwood West in District 5
Place Northside (N 1st Street through N. 10th Street) in District 2
Delete some of the population in the Southern Hills area from District 2
Work in Districts 3 and 4 to balance population
These revisions are necessary in order to decrease the deviation percentage
and balance the population in the various districts.
Mayor called for public comments. There were none.
City Attorney will schedule the Redistricting Advisory Committee meeting as
appropriate.
Item 5
Linda, Tingle, 1415 N. 10th, was cited by Animal Control to clean up her yard and she
was requesting help to comply. Mayor directed her to visit with Health Director Lou Franklin.
Alvin Hampton, 713 Jalonick, had his property red tagged by Code Enforcement: he
has recently relocated to Wichita Falls and is requesting additional time to remodel this
structure. Mayor directed him to speak with Code Enforcement staff in order to get his
request back on a future Council agenda.
Item 6
Minutes of the July 5, 2011 Council Meeting were approved as distributed.
Item 7
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 Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 7
Minutes of the 4B Sales Tax Board, January 26, 2011 were received.
Item 8
A public hearing was held to receive public comments concerning the proposed
PY 2011 Action Plan of the Consolidated Plan to allocate HOME Investment
Partnership Program (HOME) funds in the amount of$487,069, Community
Development Block Grant (CDBG) funds in the amount of$1,285,144 and re-allocate
$448, 908.50 in PY 2010 CDBG Funds. Funds are made available to the City as an
Entitlement Grant through the U.S. Department of Housing and Urban Development.
Mayor declared the public hearing open.
Community Development Director Norm Standerfer informed that this was the
first of two public hearings required under Federal regulations; the next public hearing
will be held August 2, 2011.
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Item 8 continued
The Council Subcommittee on Outside Agencies met May 12, 2011 with local
non-profit agencies and City departments applying for CDBG funding. A total of
$2,973,104 in funding requests was submitted to the Subcommittee; CDBG Funds
available for projects totaled $1,734.052.
Mr. Standerfer enumerated the Subcommittee's recommendations, which are as
follows.
City Council Subcommittee on Outside Agencies Recommendations:
CDBG: Non-Profit Agencies
Senior Citizens Services of North Texas/ Meals on Wheels Program $57,000.00
Child Care, Inc. / Child Care Subsidies for Low-Income Working Families $135,771.60
Christmas In Action /Home Repair for Low-Income Elderly and Disabled $30,000.00
Senior Citizens / Vent-A-Hood for Meals on Wheels Kitchen $15,000.00
Early Head Start/ Circular Driveway, Sidewalk, Fence $40,000.00
CDBG: City Departments
Building & Code Enforcement/Demolition and Clearance of Structures $250,000.00
Building & Code Enforcement/ Code Enforcement Administration & $105,000.00
Operational Costs
Public Works /Replacement of Failing Waterlines $557,252.10
Building Maintenance /Handicapped Ramp for Memorial Auditorium $52,000.00
Public Works / CDBG Concrete Training Crew $100,000.00
Grant Administration / Operational&Administrative Costs for CDBG-eligible
activities $257,028.80
Minor Repair Program / Minor Home Repair for Low-Income Homeowners $85,000.00
Emergency Repair Program / Immediate Need Home Repair for Low-Income $50,000.00
Households
HOME Program
First-Time Homebuyer Program with Minor Repair/Acquisition costs for $263,801.75
Down Payment, Closing Costs, Principle Buy-down, Minor Repair
CH DO Affordable Housing Program / Mortgage Buy-Down for Habitat Buyers 101,500.00
CH DO Set-Aside / Statutory 15% of Entitlement Amount $73,060.35
HOME Administration / Operational&Administrative Costs for HOME-eligible $48,706.90
activities
City Manager noted that if Council wants to fund another program, they will
have to cut programs from this list.
Mayor called for public comments.
Lindsey Walker, 1411 Trout, requested that Council reconsider their request in
the amount of$135,000 to help facilitate a base of operations to address some of the
problems in District 2. They have organized citizens, churches, businesses,
organization and the United Way has agreed to fund a director position for the base of
operations in order to improve District 2. They want to save the homes that can be
saved that are on the demolition list. They have a location but it needs to be brought
up to Code and we are asking the City to facilitate that part.
Brenda Jarrett, 1200 Thompson Road, requested that Council reconsider their
request in the amount of$23,300 and that it be increased to $85,000 in order to repair
the entire Youth Opportunity Building. Their original request of$23,300 was to repair
three roofs but since then there has been a fire at the Youth Opportunity Center and
they need additional financial assistance to repair the entire Center.
Juan Escudillo, 2408 Terrace, volunteer boxing coach at the Youth Opportunity
Center (YOC), expressed appreciation for the opportunity to train the youth and they
have produced some champions and are trying to bring boxing back to Wichita Falls.
He asked Council to reconsider their request for funds that their building needs.
Eric Luster, 2805 Montgomery, has worked with Brenda Jarrett on the
community clean up for the Center, and he sees the need to repair the roofs and the
entire Center. He asked that Council reconsider this request.
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Item 8 continued
Blayne Gill, 300 Sunset, has been working with the Youth Opportunity Center
since it opened. The building is strong and the fire proved that it was built for the
future. There are many children who need the YOC and it has been there for them; now
the YOC needs us, so let's be there for them.
Valerie Rhodes, 1706 Avalon Place, was speaking on behalf of the funds
requested by Mr. Lindsey Walker to help establish a base for the United Way Prosperity
Hub. She is a part of many organizations that have aligned themselves with the United
Way Prosperity Hub; one reason is that they are doing a mighty work in District 2, and
they are starting with the children. One of the main focuses is early childhood
development, and that is very important to our community especially in the east side.
The Washington-Jackson School is one of the focuses of the United Way in our early
childhood development. Setting up that Prosperity Hub in the Key West Masonic Lodge
is instrumental. It is in a visible location in the neighborhood and down the street from
the School. You would not only be helping United Way Prosperity Hub but you will be
helping the Lodge which helps so many non-profits and people in our community.
Mary Tingle, 1415 N. 10th, mentioned that the City did not have handicap
accessible doors on the 6th Street entrance to City Hall.
City Manager informed that the City is looking to do that in this proposal.
Councilor Smith concurred about the Youth Opportunity Center needs but
reminded them to look local at some of the foundations, and suggested that they ask
Community Development Director Norm Standerfer to assist them with looking for that
type of resource. Maybe we can assist a little but you need to look local.
Mayor informed that the next public hearing will be at our August 2, 2011
Council meeting.
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
City Council recessed at 9:40 a.m. and reconvened at 10:00 a.m.
Item 9a
ORDINANCE NO. 35-2011
Ordinance Suspending The Application Of The Dangerous Building
Order Of Ordinance No. 56-2010 to 510 Marconi To Grant Additional
Time For Its Restoration
Moved by Councilor Roberts-Burns that Ordinance No 35-2011 be passed .
Motion seconded by Councilor Ward and carried by the following vote:
Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None:
Item 9b
ORDINANCE NO. 36-2011
Ordinance Amending Sections 94-128 and 94-129 Of The Code Of
Ordinances Of The City Of Wichita Falls, Relating To The Requirements
For New Developments To Provide Sidewalks And Exceptions To
Sidewalk Requirements; And Providing For Codification.
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Item 9b continued
Moved by Councilor Hatcher that Ordinance No. 36 -2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote:
Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 10a
RESOLUTION NO. 63-2011
Resolution Authorizing The City Manager To Apply For Grant Funds To
The Edward Byrne Memorial Justice Assistance Grant Program In The
Amount Of $50,397.00 With Co-Applicant, Wichita County, Texas.
Moved by Councilor Roberts-Burns that Resolution No 63-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote:
Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 10b
RESOLUTION NO. 64-2011
Resolution Authorizing The City Manager To Execute An Agreement
With Insituform Technologies Inc. For The 2011 Sanitary Sewer
Rehabilitation Project, CWF11-550-07 In An Estimated Amount of
$320,847.00
Moved by Councilor Hatcher that Resolution No 64-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 10c
RESOLUTION NO. 65-2011
RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF
OBLIGATION
Moved by Councilor Hatcher that Resolution No 65-2011 be
Motion seconded by Councilor Smith.
Murphy Davis,#2 Chateau, City's Financial Consultant, provided details on the
issuance process as well as the notice of intent process. Mr. Davis updated the Council on
outstanding issues that will be callable in September and gave projections of where we are
moving.
Motion carried by the following vote:
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Item 10c continued
Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 11 a
Staff discussion of demolition, restoration or other future actions with respect to 609
Fort Worth Street.
Community Development Director Norm Standerfer informed that June 7, 2011 Roy
Woods, 609 Ft. Worth, had requested an extension of time to restore this structure and
Council removed this property from the demolition list. Council directed Staff to do additional
research on this property and report back to Council. Council has been provided a packet
with the updated information, including recent pictures of the structure. The pictures reflect
that the owner has not done any work on the structure.
Staff recommends that Council not go forward with a demolition at this time requiring
them to do notice for just one property, but leave this property in a "limbo" state for now. It is
probable that we will come back with a third demolition group once we look at our budgets.
This will give us time to work with the owner to see if the owner is intent on restoring this
property. We suggest that it be left in this process where he is off the list for the time being
and if necessary, we can bring it back with a future package of any future demolitions. Staff
will work with Mr. Woods if he wants to do restoration, but if he has not done substantial work
it will be on the next demolition process, which could be approximately three to four months.
Item 11 b
Council members brought up the following matters.
Councilor Dorothy Roberts-Burns
a) Wished Mrs. Roberta Farris a Happy 106th Birthday.
Councilor Tim Ingle
a) Thanked Water Resources Commission for meeting last Friday in preparation of what
is happening with the water situation; and he thanked Public Works Director and Daniel
Nix for taking leadership on that; Daniel Nix and his staff have been working very hard
to make sure we are taking care of our own water. He encouraged the public to be
ready as we approach the 60% level.
Councilor Hatcher
a) Citizen called in about speeding issue on Weeks Park and he asked Police Chief to
check into that.
Councilor Smith
a) Thanked Sarah Johnson and John Burrus for their work on the completion of Airport
Runway Project at Municipal Airport. Understands there might be a coming
announcement about Municipal Airport being named a military airport and that will open
funding for the new terminal project.
b) Hotter"N Hell is coming up again and he reminded City staff, as they always do, to try
to give that organization as much assistance as possible in getting ready for our
12,000 -14,000 visitors. Reminded everyone that there is no more Imperial Motel to
mar that beautiful vista of our visitors. Thanked Transportation Division for that.
c) Wichita Falls was named by Business Week one of the 25 "Cheapest Cities in the US" ;
he does not like that name so he is calling it "One of the most Economical Places to
Live". We came in 17th and this proves we live in a very economical city.
d) In the June 20 issue Market Watch featured an article about the 5 top housing markets
and Wichita Falls was listed in the top 5 for best outlook, best what is coming in the
future; we came in number 2. Hats off to what we have in our City.
e) No watering between 11 a.m. and 6 p.m. using sprinkler systems; this has been on the
books for years. We are not in drought Phase 1 yet but it is coming.
f) Happy we bought Castaway Cove; we are in the driest period of our history and
probably the hottest summer in history, but we have a beautiful, cooler water park in
Castaway Cove, aren't we glad we purchased it.
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Item 11 b continued
g) Our sales tax is up. City Manager informed that sales tax report up 22% over a year
ago resulting from some past due payments with interest; we still grew about 9%-10%
and perfect timing going into our budget season for next year. We are tracking around
4% to end of FY which well exceeds our 1% estimate.
Councilor Ward:
a) Phone call from citizen asking about the sidewalk going in by City View High School to
the expressway. City Manager gave background, TXDOT project "Safe Routes to
School", and will include some sidewalks in City View area and John Tower School and
other areas. We are getting design work done, some right of way issues are being
resolved then TXDOT will bid out; sidewalks should be in place some time at the end or
beginning of the year.
Councilor Pope
a) Looks forward to working as Council board/commission liaison.
Mayor Barham
a) Concurs with Councilor Smith's comments about the watering restrictions, which have
been in the books for a while. Just a reminder to water outside those hours.
b) US Department of Transportation Federal Transit Administration final report of
triennial review was received. No deficiencies found in 22 of the 24 areas reviewed
and the two were very minor deficiencies. Federal Transit Administration thanked
the City's Transit System for the assistance and cooperation they gave to them,
which speaks well of our folks in the Transit System as well as our organization
when the feds give us a pat on the back.
Item 12
City Council went into Executive Session at 10:58 a.m. in accordance with Texas
Government Code 551.074.
City Council reconvened at 11:00 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 13
Moved by Councilor Hatcher that Sara Rugeley, Place 9, be reappointed to the Helen
Farabee Regional MHMR Center Board of Trustees with term to expire August 31, 2013.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 14
City Council adjourned at 11:05 a.m.
PASSED AND APPROVED this day of 2011.
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MAYOR
ATTEST:
City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, Mayor Pro Tem ! '
Michael Smith, District 1 t '�
Annetta Pope, District 2 ill
~� Rick Hatcher, District 3 ;
• Tim Ingle, District 4 � _
Mary Ward, District 5
T E X A S
S/ueSkiesCf�lde0yyertun��ies 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, July 19, 2011 Beginning At 8:20 A.M.
Notificacion De La Junta Regular Del Alcalde Y El Consejal De La Ciudad De Wichita
Falls, Tejas, Que Se Llevara Acabo En La Camara Del Consejal, Edificio Municipal, 1300
Calle Siete, El Martes 19 De Julio 2011 Empiezo A Las 8:20 De La Mariana.
Item # Bill #
1. Call To Order
2. (a) Invocation: Major Richard Crozier, Chaplain
Sheppard Air Force Base
(b) Pledge Of Allegiance
3. Redistricting Discussion
• Redistricting of City Council Districts and Voting Precincts
• Public Hearing To Follow Initial Discussion
• Redistribucion de los Distritos del Consejal y Precintos de Votacion
• Audiencia Publica Siguiendo la Discusion
4. Presentation of Stormwater Book Cover Competition Winners
5. 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.
6. Approval Of Minutes Of The July 5, 2011 Regular Meeting Of The Mayor And City
Council
CONSENT AGENDA
7. Receive Minutes of 4B Sales Tax Board, January 26, 2011
REGULAR AGENDA
8. Public Hearing To Receive Public Comments Concerning The Proposed PY 2011
Action Plan Of The Consolidated Plan To Allocate HOME Investment Partnership
Program (HOME) Funds In The Amount Of $487,069, Community Development
Block Grant (CDBG) Funds In The Amount Of $1,285,144 And Re-allocate
$448,908.50 In PY 2010 CDBG Funds
9. Ordinances
(a) Ordinance Suspending The Application Of The Dangerous #105
Building Order Of Ordinance No. 56-2010 to 510 Marconi To
Grant Additional Time For Its Restoration
(b) Ordinance Amending Sections 94-128 and 94-129 Of The #106
Code Of Ordinances Of The City Of Wichita Falls, Relating To
The Requirements For New Developments To Provide
Sidewalks And Exceptions To Sidewalk Requirements; And
Providing For Codification.
10. Resolutions
(a) Resolution Authorizing The City Manager To Apply For Grant #107
Funds To The Edward Byrne Memorial Justice Assistance
Grant Program In The Amount Of $50,397.00 With Co-
Applicant, Wichita County, Texas
(b) Resolution Authorizing The City Manager To Execute An #108
Agreement With Insituform Technologies Inc. For The 2011
Sanitary Sewer Rehabilitation Project, CWF11-550-07 In An
Estimated Amount of$320,847.00
(c) Resolution Directing The Publication Of Notice Of Intention #109
To Issue Combination Tax And Revenue Certificates Of
Obligation In The Maximum Principal Amount Of $3,200,000
For Expenses Related To The Realignment Project For Rhea,
Call Field And Lawrence Roads
11. Other Council Matters
(a) Staff Council Discussion
• Discussion of Demolition, Restoration or other Future Actions
with respect to 609 Fort Worth
(b) Discussion Of Items Of Concern To Members Of The City Council.
12. 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
the Helen Farabee Regional MHMR Center Board of Trustees)
13. Appoint Member to the Helen Farabee Regional MHMR Center Board of Trustees
CITY COUNCIL AGENDA
PAGE 2 OF 3 PAGES
14. 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. To the extent this meeting begins at a
time other than the regular meeting time, the regular meeting shall be considered initiated at the regular
meeting time, and only the part of the meeting outside of said regular meeting time shall be considered a
special meeting.
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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