Min 03/06/2012 362
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
March 6, 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
Councilor Rick Hatcher, District 3, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Arts Alive Home & Garden Festival celebrated its 15th year benefitting the Kemp
Center for the Arts and it has continued to grow. In recognition of those organizations
that have continued their participation and support for the past 15 years, the Kemp
Center for the Arts presented hand painted miniature ponies by Artist and Gallery
Manager for the Kemp Center Gary Kingcade. Mayor accepted on behalf of the City
and Bob Sullivan on behalf of MPEC.
Item 3b
Mayor proclaimed March 15, 2012, as "Absolutely Incredible Kid Day in Wichita
Falls" and encouraged everyone to write a letter today and through words of
encouragement energize a child's drive for success in the future of our kids.
Representatives from Camp Fire USA organization accepted the proclamation.
Item 3c
Mayor recognized Mr. John Henderson, Emergency Preparedness
Management Coordinator, Fire Department, as Employee of the Month for March 2012.
Mayor presented Mr. Henderson with a plaque, a letter of appreciation, restaurant
tickets, and a check.
363
Item 4
No one signed up to speak under comments from the public.
Item 5
Minutes of the February 21, 2012 Council meeting were approved as
distributed.
Items 6a—6b
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 Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Items 6a-6b
Minutes of the following boards and commissions were received.
(a)Animal Shelter Advisory committee, November 18, 2011.
(b) Wichita Falls-Wichita County Public Health Board, January 27, 2012.
Item 7a
ORDINANCE NO. 11-2012
Ordinance Amending Article IX, Body Art, of Chapter 26 and Section 48-86
of the Code Of Ordinances Of The City Of Wichita Falls; Providing A Penalty
Of Up To $2,000 Per Violation, And Providing For Codification
Moved by Councilor Roberts-Burns that Ordinance No. 11-2012 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 7b
ORDINANCE NO. 12-2011
Ordinance Amending Article X, Grease Interceptors, Installation And
Disposal Of Waste, Of Chapter 106 Of The Wichita Falls Code Of
Ordinances, Providing A Penalty Of Up To $2,000 Per Violation, And
Providing For Codification
Moved by Councilor Roberts-Burns that Ordinance No. 12-2012 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
364
Item 7c
ORDINANCE NO. 13-2012
Ordinance Appropriating To The Special Revenue Fund For Housing
Opportunities For Persons with AIDS (HOPWA) Grant Funding In The Amount
of $61,715 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 The HOPWA Grant
Moved by Councilor Roberts-Burns that Ordinance No.13-2012 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 7d
ORDINANCE NO. 14-2012
Amended 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 Hatcher that Ordinance No. 14-2012 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 8a
RESOLUTION NO. 16-2012
Resolution Awarding Bid For The Lawrence / Callfield / Rhea Road
Realignment Project (CWF12-446-09) to Duke Construction Company, in an
estimated total amount of$1,249,552.35
Moved by Councilor Hatcher that Resolution No.16-2012 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 8b
RESOLUTION NO. 17-2012
Resolution Authorizing The City Manager To Apply For A State Of Good Repair
Initiative Grant From The Federal Transit Administration To Purchase Two 35-
Foot, Low-Floor Transit Buses
Moved by Councilor Roberts-Burns that Resolution No. 17-2012 be passed.
365
Item 8b continued
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 8c
RESOLUTION NO. 18-2012
Resolution Approving A Seventh Generation Non-Annexation Agreement With
PPG Industries Incorporated, Guaranteeing Its Immunity From Annexation For
A Period Of Five Years Beginning January 1, 2012
Moved by Councilor Ward that Resolution No. 18-2012 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 8d
RESOLUTION NO. 19-2012
Resolution Approving A Sixth Generation Non-Annexation Agreement With
Howmet Castings Industries Incorporated, Guaranteeing Its Immunity From
Annexation For A Period Of Five Years Beginning January 1, 2012
Moved by Councilor Roberts-Burns that Resolution No. 19-2012 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 9
There were no staff reports.
Item 9b
Council members brought up the following matters.
Councilor Ingle:
a) MSU playoffs will be here. Asked about the parking at MPEC. Bob Sullivan
informed that they were unable to hold those dates because they have hockey; but
they are in discussion with MSU about future games.
Councilor Hatcher:
a) Jeff Dunham, comedian, will be at MPEC
b) March 27 Town hall meeting, District 3, at Jefferson on Mistletoe
c) Good luck to the District 3 candidates; look forward to visiting with them.
Councilor Ward:
a) Appreciate the response we had from the dog bite. We have ordinances that are
366
Item 9b continued
stricter than other cities, and we will do what we can to make sure this is taken
care of; it is for all dogs that are loose. If there are any loose animals, contact
Animal Control. Glad to see June O'Hare is here with us.
Councilor Pope:
a) Control burn, smoke complaints off California and McKinney. Chief Foster
informed that this has been monitored and the Ordinance is specific. There was
no wind the day of the control burn. This was discussed when the ordinance was
amended. People are not going to be happy all the way around; we have had four
burn controls but this is the first complaint we have heard. The control burns are
helping Public Works in flooding issues. We are not doing anything other cities are
not doing but we will do what Council directs. City Manager stated that we can be
more conscientious of which way the wind is blowing and if we continue to get
many more complaints Council can decide.
Mayor Barham:
a) Is there an emergency contact requirement for members who join the Senior
Zone? Mr. Jack Murphy replied in the affirmative.
b) Good luck to all three candidates.
Items 10a-10c
City Council went into Executive Session at 9:40 a.m. in accordance with
Texas Government Code Section 551.071, Section 551.072, and Section 551.074.
City Council reconvened at 11:23 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 11
City Council adjourned at 11:23 a.m.
PASSED AND APPROVED this_20th 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
Michael Smith, District 1 n
~� Annetta Pope-Dotson, District 2i
•� "�f� Rick Hatcher, District 3 +
Tim Ingle, District 4 IL
T e x A s Mary Ward, District 5
S/r�Skies Cfo�den O���tr�7;e,
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, March 6, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation:
(b) Pledge Of Allegiance
3. Presentations
(a) Presentation of Appreciation - Kemp Center for the Arts
(b) Proclamation — Absolutely Incredible Kid Day — Camp Fire USA
(c) Employee of the Month — John Henderson, Fire Department
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 February 21, 2012 Regular Meeting Of The
Mayor And City Council
CONSENT AGENDA
6. Receive Minutes
(a) Animal Shelter Advisory Committee, November 18, 2011
(b) Wichita Falls-Wichita County Public Health Board, January 27, 2012
REGULAR AGENDA
7. Ordinances
(a) Ordinance Amending Article IX, Body Art, of Chapter 26 #26
and Section 48-86 of the Code Of Ordinances Of The
City Of Wichita Falls, Providing A Penalty Of Up To
$2,000 Per Violation, And Providing For Codification
(b) Ordinance Amending Article X, Grease Interceptors, #27
Installation and Disposal of Waste, of Chapter 106 of the
Wichita Falls Code of Ordinances, Providing a Penalty of
up to $2,000 per Violation, And Providing For
Codification
(c) Ordinance Appropriating To The Special Revenue Fund #28
For Housing Opportunities For Persons with AIDS
(HOPWA) Grant Funding In The Amount of $61,715 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
(d) Amended Ordinance Authorizing A Joint General #29
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
8. Resolutions
(a) Resolution Awarding Bid For The Lawrence/ #30
Callfield/Rhea Road Realignment Project (CWF12-446-
09) to Duke Construction Company, In An Estimated
Total Amount Of$1,249,552.35
(b) Resolution Authorizing The City Manager To Apply For #31
A State Of Good Repair Initiative Grant From The
Federal Transit Administration To Purchase Two 35-
Foot, Low-Floor Transit Buses
CITY COUNCIL AGENDA
PAGE 2 OF 4
(c) Resolution Approving A Seventh Generation Non- #32
Annexation Agreement With PPG Industries
Incorporated, Guaranteeing Its Immunity From
Annexation For A Period Of Five Years Beginning
January 1, 2012
(d) Resolution Approving A Sixth Generation Non- #33
Annexation Agreement With Howmet Castings
Incorporated, Guaranteeing Its Immunity From
Annexation For A Period Of Five Years Beginning
January 1, 2012.
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 to be acquired for
drainage purposes, legal issues related to redistricting, King v. City
of Wichita Falls, and Helms v. City of Wichita Falls).
(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
museum and drainage purposes).
(c) Executive Session in accordance with Texas Government
Code §551.074 to discuss the evaluations of a public officer or
employee (including, but not limited to, the City Manager, the City
Clerk, the City Attorney, and the Judge of the Municipal Court).
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
CITY COUNCIL AGENDA
PAGE 3OF4
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
PAGE 4OF4