Min 02/21/2012 356
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
February 21, 2012
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
Dr. David Harman, Senior Minister of First Christian Church gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
Katherine Phillips, 2704 Palmetto Drive, and Brenda Jarrett, 1200 Thompson
Road, spoke on excellence in our City and the Asset Mapping Project in the Eastside,
which is under the United Way umbrella.
June O'Hara, 4113 Aspen Street, thanked everyone who came to her aid during
and after the attack by pit bulls. She strongly urged Council that something be done about
the rise in pit bull attacks, noting that the leash law is not sufficient. Is it going to take for
someone to be killed before something is done?
Mrs. O'Hara mentioned the Citizens Life Award and asked that it be granted to the
three ladies, Gwen Willis and her two friends, and Tom, who came to her aid during the pit
bull attack on Mrs. O'Hara.
Mayor Barham, on behalf of himself and the City, expressed deep concern over
what happened to Mrs. O'Hara. She is present at every Council meeting and we are all
glad that she is here and wish her complete recovery.
Item 4
Minutes of the February 7, 2011 Regular Council meeting were approved as
distributed.
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City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Roberts-Bums that the Consent Agenda be approved.
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 5
RESOLUTION NO. 10-2012
Resolution Awarding Bid For The Purchase Of Two 15-Yard Dump Trucks And
Two 58,000-GVW Transfer Trucks To Bruckner's Truck Sales In The Amount Of
$518,600
Items 6a- 6g
Minutes of the following boards and commissions were received.
(a) MPO Technical Advisory committee, October 5, 2011
(b) MPO Transportation Policy committee, October 19, 2011
(c) Wichita Falls Sales Tax Board (413), November 21, 2011
(d) Civil Service Commission, November 29, 2011
(e) Traffic Safety Commission, November 2, 2011
(f) Traffic Safety Commission, January 4, 2012
(g) Tax Increment Financing (TIF) Board#2, January 13, 2012
Item 7a
ORDINANCE NO. 7-2012
Ordinance Authorizing A Joint General Election To Be Held On May 12, 2012, For
The Purpose Of Electing A Mayor, Councilor District 3, Councilor District 4, And
Councilor District 5; Designating Election Precincts; Appointing Election Officials;
Establishing Pay Rates For Election Workers; Providing For Notice Of Said
Election; Providing For The Use Of Voting System; Providing For Early Voting;
Establishing Regular Business Hours Of The City Clerk's Office On The Final Two
Days Of Early Voting By Personal Appearance
Moved by Councilor Roberts-Burns that Ordinance No. 7 -2012 be passed.
Motion seconded by Councilor Ward.
City Clerk provided detailed information on the Joint Election and provided same
information in Spanish.
Councilor smith requested that consideration be given to working with the League of
Women Voters to mail out Council District information to the voters.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 7b
ORDINANCE NO. 8-2012
Ordinance Of The City Council Of The City Of Wichita Falls Authorizing The
Wichita County-City Of Wichita Falls, Texas Hospital Board To Convey 10 Tracts
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Of Land To C.R. McDonnell And Assignees Thereof, In An Amount Of $2,500,000,
Subject To Incentive Payments; And Providing An Effective Date 32 Days After
Approval, Conditioned Upon Compliance With Applicable Texas Health & Safety
Code Provisions
Item 7b continued
Moved by Councilor Roberts-Burns that Ordinance No. 8 -2012 be passed.
Motion seconded by Councilor Smith.
At this time item 10 was moved up and considered at this time.
Item 10
City Council went into Executive Session at 9:10a.m. in accordance with Texas
Government Code Sections 551.071 and 551-072 and 551.087.
City Council reconvened at 9:40 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 7b continued
After the Executive Session City Council resumed action on Item 7b
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 7c
ORDINANCE NO. 9-2012
Ordinance Appropriating $100,000 From Airport Equity Funds For Various Airport
Related Projects For the 2011/2012 Budget Year
Moved by Councilor Hatcher that Ordinance No. 9 -2012 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 7d
ORDINANCE NO. 10-2012
Ordinance Authorizing The City Manager To Execute All Documents Necessary
To Apply For And Accept Up To $110,000.00 From The Texas Department Of
Transportation (TxDOT) For A Comprehensive Selective Traffic Enforcement
Program (STEP) Grant For Fiscal Year 2013 And Appropriating Said Funds Into
The Special Revenue Fund
Moved by Councilor Roberts-Burns that Ordinance No. 10 -2012 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
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Item 8a
RESOLUTION NO. 11-2012
Resolution Of The City Of Wichita Falls Suspending The March 6, 2012, Effective
Date Of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex") Requested
Rate Change To Permit The City Time To Study The Request And To Establish
Reasonable Rates; Approving Cooperation With Atmos Cities Steering Committee
("Acsc") And Other Cities In The Atmos Mid-Tex Service Area To Hire Legal And
Consulting Services And To Negotiate With The Company And Direct Any
Necessary Litigation And Appeals; Requiring Reimbursement Of Cities' Rate
Case Expenses; 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 Acsc's Legal Counsel
Moved by Councilor Hatcher that Resolution No. 11-2012 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 8b
RESOLUTION NO. 12-2012
Resolution Authorizing A 5-Year Increase Of The Annual Lease Amount On Lake
Arrowhead Leases With Review Dates In 2012 From $630 To $819
Moved by Councilor Ward that Resolution No. 12 -2012 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
RESOLUTION NO. 13-2012
Resolution Awarding Bid For The 2012 CDBG Waterline Replacement Project
(CWF12-204-03) To Bowles Construction Co. In The Estimated Amount Of
$314,215.00.
Moved by Councilor Ward that Resolution No. 13-2012 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 8d
RESOLUTION NO. 14-2012
Resolution Authorizing the City Manager to Execute A Discretionary Service
Agreement With Oncor Electric Delivery Company LLC For The Relocation Of Its
Facilities In Advance Of The Lawrence/ Callfield/Rhea Road Realignment Project
CWF 12-446-09
Moved by Councilor Hatcher that Resolution No. 14 -2012 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
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Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 8e
RESOLUTION NO. 15-2012
Resolution Authorizing Meadow Place, Ltd. To Apply For HOME Funds to the Texas
Department of Housing and Community Affairs For Proposed Meadow Place Apartments
Moved by Councilor Roberts-Burns that Resolution No. 15 -2012 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 9a
There were no Staff reports.
Item 9b
Council members brought up the following matters.
Councilor Ward:
a) Referred to the pit bull attack on Mrs. O'Hara and requested review and
strengthening of the animal ordinance in regard to vicious animals. Expressed
concern about pit bull attacks.
Councilor Smith:
a) Agreed with Councilor Ward that the leash law needs to be reviewed. We need to
look at how we can prevent roaming vicious, aggressive dogs on our streets. Need to
make our community safe for everyone in regard to this problem.
b) American Eagle announced new flight beginning April 3 to and from DFW; New
departure times.
Councilor Hatcher:
a) Tops and Blues will perform tonight free at Memorial Auditorium.
b) District 3 Town Hall meeting is March 27tn
Councilor Ingle:
a) Stated he had received emails concerning the pit bull attack; understands that the
Health Department is doing what they can. This was a travesty; would like to see the
ordinance strengthened.
b) Sad about the Natura venture; challenged Council to come up with a more
comprehensive policy to include more people. He mentioned that this was not the
Chamber but 4A and the City. He encouraged more study and leadership on that.
Councilor Roberts-Burns:
a) Thanked the Health Department for what they did and are doing regarding the pit bull
attack. She hopes Council can strengthen the laws so this does not happen to
anyone else.
Mayor Barham:
a) There are five Council members who want the animal laws reviewed and
strengthened. Mrs. O'Hara is a well-loved person in this Council and is here at every
meeting representing the League of Women Voters. We have had more than our
share of dog attacks over the last couple of years. Health Director Lou Franklin gave
a report on dog bites/attacks and types of dogs. Texas laws prevent creation of
laws/ordinances that are breed specific.
Item 10a -10c
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City Council went into Executive Session at 10:50 a.m. in accordance with Texas
Government Code Sections 551.071 and 551-072 and 551.087.
Item 10a -10c continued
City Council reconvened at 12:09 p.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 11
City Council adjourned at 12:10 p.m.
PASSED AND APPROVED this_6th day of_March 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
ui!474
Michael Smith, District 1
Annetta Pope-Dotson, District 2
Rick Hatcher, District 3Tim Ingle, District 4 x A S Mary Ward, District 5 °d
,^' r
B/tt�Sk/�s Lf�1de�O��ottuniti�,.
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, February 21, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Dr. David Hartman, Senior Minister
First Christian 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 February 7, 2012 Regular Meeting Of The
Mayor And City Council
CONSENT AGENDA
5. Resolution Authorizing Award Of Bid For The Purchase Of #16
Two 15-Yard Dump Trucks And Two 58,000 GVW Transfer
Trucks To Bruckner's Truck Sales In The Amount Of
$518,600.00
6. Receive Minutes
(a) MPO Technical Advisory Committee, October 5, 2011
(b) MPO Transportation Policy Committee, October 19, 2011
(c) Wichita Falls Sales Tax Board (413), November 21, 2011
(d) Civil Service Commission, November 29, 2011
(e) Traffic Safety Commission, November 2, 2011
(f) Traffic Safety Commission, January 4, 2012
(g) Tax Increment Financing (TIF) Board #2, January 13, 2012
REGULAR AGENDA
7. Ordinances
(a) Ordinance Authorizing A Joint General Election To Be #17
Held On May 12, 2012, For The Purpose Of Electing A
Mayor, Councilor District 3, Councilor District 4, And
Councilor District 5; Designating Election Precincts;
Appointing Election Officials; Establishing Pay Rates
For Election Workers; Providing For Notice Of Said
Election; Providing For The Use Of Voting System;
Providing For Early Voting; Establishing Regular
Business Hours Of The City Clerk's Office On The Final
Two Days Of Early Voting By Personal Appearance
(b) Ordinance Authorizing The Wichita County-City Of #18
Wichita Falls, Texas Hospital Board To Convey 10 Tracts
Of Land To C.R. Mcdonnell And Assignees Thereof, In
An Amount Of $2,500,000, Subject To Incentive
Payments
(c) Ordinance Appropriating $100,000 From Airport Equity #19
Funds For Various Airport Related Projects For the
2011/2012 Budget Year
(d) Ordinance Authorizing The City Manager To Execute All #20
Documents Necessary To Apply For And Accept Up To
$110,000.00 From TxDOT For A Comprehensive
Selective Traffic Enforcement Program (STEP) Grant For
Fiscal Year 2013 And Appropriating Said Funds Into The
Special Revenue Fund
8. Resolutions
(a) Resolution Suspending The Effective Date Of Atmos #21
Energy Corp., Mid-Tex Division ("Atmos Mid-Tex")
Requested Rate Change To Permit The City Time To
Study The Request And To Establish Reasonable Rates
CITY COUNCIL AGENDA
PAGE 2 OF 4
(b) Resolution Authorizing A 5-Year Increase Of The Annual #22
Lease Amount On Lake Arrowhead Leases With Review
Dates In 2012 From $630 To $819
(c) Resolution Awarding Bid For The 2012 CDBG Waterline #23
Replacement Project (CWF12-204-03) To Bowles
Construction Co. In The Estimated Amount Of
$314,215.00
(d) Resolution Authorizing the City Manager to Execute A #24
Discretionary Service Agreement With Oncor Electric
Delivery Company LLC For The Relocation Of Its
Facilities In Advance Of The Lawrence/Callfield/Rhea
Road Realignment Project CWF12-446-09
(e) Resolution Authorizing Meadow Place, Ltd. To Apply For #25
HOME Funds to the Texas Department of Housing and
Community Affairs For Proposed Meadow Place
Apartments
9. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
10. 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 property interests held, purchased,
and/or subject to transfer for drainage, hotel, and hospital purposes).
(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,
purchase, exchange, lease, or value of property interests for
drainage, hotel, and hospital purposes).
CITY COUNCIL AGENDA
PAGE 3 OF 4
(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, Economic
Development Prospect Update).
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
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
2012 at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
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