Min 01/15/2013 1
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
January 15, 2013
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
Michael Smith - Mayor Pro Tern
Dorothy Roberts-Burns - Councilors
Annetta Pope -
Brian Hooker -
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 Mr. Jim Bindel, Deacon, Our Lady Queen of Peace Catholic Church, gave the
invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor Barham proclaimed January 15, 2013 as "Rider Raider Football Day in Wichita
Falls". Coach Jim Garfield and members of the Rider Raider football team accepted the
proclamation.
Item 3b
Mayor proclaimed January 14, 2013 as "The Daughters of the Republic of Texas 50th Anniversary
Day in Wichita Falls". Members of the Daughters of the Republic Rebecca Jane Fischer Chapter
accepted the proclamation.
Item 3c
Mayor Barham recognized Sgt. Charlie Eipper, Gang Task Force, Police Department, as
Employee of the Month for January 2013. Mayor presented Sgt. Eipper with a plaque, a letter of
appreciation, restaurant tickets, and a check.
2
Item 4
David Brock, 320 Hilltop, expressed concerns regarding the Police Department. He
mentioned an incident involving rental property that he manages and the renter. He has filed
complaints with the Police Department, and described the events that took place involving him and
Police officers at the location. He accused officers of lying, theft, and police brutality. He asked
Council to do something to stop this treatment and to look into this, especially Councilor Pope,
who is his Councilor.
Police Chief Borrego informed Council that the Police Department Internal Affairs has
investigated Mr. Brock's case, however he cannot discuss the details because there are pending
criminal charges against Mr. Brock, but they have looked into it as much as they can.
Mike Mintor, 3400 Armstrong, which is the corner house heading to Municipal Airport,
expressed appreciation to Council. Mr. Mintor had a water line that used to run to the Airport and
as a part of the Airport parking project it was moved and he thanked Council for that. Mr. Minter
also suggested that he would like to have a sign showing where that turn is, pointing out that
about 50 cars daily miss that turn and an additional sign would help. He would like to open any/all
lines of communication with the City, SAFB, and others regarding future plans for the Armstrong
intersection.
Item 5
Minutes of the December 18, 2012, Council meeting were approved as distributed.
Items 6-7c
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 Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 6
RESOLUTION NO. 01-2013
Resolution Authorizing The Purchase Of A Caterpillar Hydraulic Excavator Through The
Buyboard Purchasing Cooperative From Warren Caterpillar In The Amount Of
$195,583.00
Items 7a-7c
Minutes of the following boards and commissions were received.
(a) Aviation Advisory Board, July 19, 2012.
(b) Landmark Commission, October 23, 2012.
(c) Traffic Safety Commission, November 7, 2012.
Item 8a
ORDINANCE NO. 01-2013
Ordinance Partially Closing And Abandoning An Approximately 826 Square Foot Portion
Of The Alley Between 3103 Kemp And 2405 Piedmont Subject To The Removal Of An
Oncor Utility Pole And Retaining The Entire Alley As A Utility Easement
Moved by Councilor Roberts-Burns that Ordinance No. 01-2013. be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
3
Item 8b
ORDINANCE NO. 02-2013
Ordinance Making An Appropriation To The Special Revenue Fund For HIV
Prevention Services In The Amount Of $78,800 Received From The Department Of
State Health Services, And Authorizing The City Manager To Execute Contract
Accepting Same
Moved by Councilor Roberts-Burns that Ordinance No. 02-2013. be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 9a
RESOLUTION NO. 02-2013
Resolution Authorizing The City Manager To Execute A Professional Services Agreement
With Biggs & Matthews, Inc. For Engineering Services For The Phase II Sanitary Sewer
Evaluation Study, In An Amount Of$92,500.00 For Basic Services
Moved by Councilor Ingle that Resolution No.02-2013 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 9b
RESOLUTION NO. 03-2013
Resolution Authorizing The City Manager To Execute A Professional Services Agreement
With URS Corporation For Engineering And Quality Assurance Testing Services In
Conjunction With Taxiway C Repairs At Wichita Falls Municipal Airport, In An Estimated
Amount Of$48,359.46
Moved by Councilor Roberts-Burns that Resolution No.03-2013 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 9c
RESOLUTION NO. 04-2013
Resolution Awarding The Bid For Taxiway "C" Rehabilitation Project At Wichita Falls
Municipal Airport To American Pavement Solutions, Inc. In An Estimated Amount Of
$135,380.87
Moved by Councilor Roberts-Burns that Resolution No.04-2013 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
4
Item 9d
RESOLUTION NO. 05-2013
Resolution Approving Change Order No. 1 To The Taxiway "C" Project At Wichita Falls
Municipal Airport, In An Estimated Amount Of$33,845.22
Moved by Councilor Ingle that Resolution No. 05-2013 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 9e
RESOLUTION NO. 06-2013
Resolution Of The City Of Wichita Falls, Texas, Endorsing Certain Legislative Action In
The Regular Session Of The 83rd Texas Legislature To Enhance The Competitive Electric
Market And System Reliability And To Protect The Traditional Role Of Cities In The
Regulatory Process
Moved by Councilor Roberts-Burns that Resolution No.06-2013 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 10a
City Attorney presented information regarding regulations for landing helicopters in residential
areas. Complaints were received from neighbors in Tanglewood about a neighbor landing his helicopter
in his backyard. He explained the situation and information he had researched and asked for direction on
whether to prohibit helicopters landing in the City limits altogether or limit landing within a certain
distance from a residence.
Following discussion by Council on their thoughts and concerns regarding this matter, Mayor
directed that landing a helicopter be prohibited in residential areas within certain amount of space from a
residence. City attorney proposed 300 ft. all around where a helicopter lands. Council concurred.
City Attorney will prepare a proposal as an agenda item for Council's consideration.
Item 13.
A public hearing was held on the City's intent to issue Combination Tax and Revenue Certificates
of Obligation for our Airport Project.
Mayor declared the public hearing open
Mr. Jim Dockery provided brief history and information on the Certificates of Obligation, noting
that part of the process is to conduct a public hearing to let everyone know of Council's intent to issue
Combination Tax and Revenue Certificates of Obligation for the Airport Project. There is a possibility that
a portion of these certificates may need to be taxable certificates under IRS regulations and if that is the
case then this public hearing would be required. Bond Counsel is still looking into that. He mentioned
the reasons that would trigger taxable certificates, and informed that Bond Counsel is evaluating all the
issues. Interest rates are higher on taxable certificates.
Councilor Smith asked if we were at the depths of interest rates or at the low low point. Mr.
Dockery commented that it is an opportune time to borrow money and felt that we should see some
pretty good rates when we go to market.
5
Item 13 continued
Councilor Ingle asked how the grants money was going to be used. Mr. Dockery informed that
about$10 million would be paid from the FAA grants; our Bond Counsel is evaluating that. Mr. Dockery
hopes that all these bonds will be tax exempt certificates.
Mayor called for additional comments. There being none Mayor declared the public
hearing closed.
Item 10b
Council members brought up the following matters:
Councilor Smith:
a) Traffic problems and issues around West Elementary School. Looks like we need another
road there. Asked if staff had looked into that. City Manager informed that Staff has
researched that to see what can be done. Currently there are about 100 homes in that area
and platted for more. The issue is when school opens and closes, but we are looking into that
to see if we can make some changes. Community Development is researching that and the
Police Department is working with the School to see if we need additional officers out there.
School is looking into staggered times to relieve that traffic as well. Councilor Smith
suggested looking at the junk yard that is in that area to see what could be done with that at
the same time. Mayor commented that the Developer is building a fence to cover that
property.
b) Lawrence Road/Callfield intersection is great. He asked how that right turn lane worked out
during the holidays. Mr. John Burrus informed that everything worked very well; we continue
to monitor that right hand turn.
Councilor Ingle:
a) New development by CertainTeed should also be checked for possible traffic issues.
b) Thanked Public Works Director Russell Schreiber& Utility Operations Manager Daniel Nix for
a good Water Resources Commission meeting yesterday. He thanked Staff for the good
article regarding water restrictions and drought.
c) Asked if letters would be sent out to the citizens regarding drought restriction changes. City
Manager informed that we will use Code Red, website, and council meetings instead of a mail
out. We have been informing citizens on back of water bill and directing them to the City
website. Our meeting with the media was successful and they are already putting information
out there.
d) Strategic Planning meeting next week; looking forward to it. Encouraged public input on
City's future plans.
Councilor Roberts-Burns:
a) Invited everyone to attend the MLK Breakfast January 19; tickets are available at MLK
Center.
Mayor Barham:
a) Chick-Fil-A has broken ground and plans to open mid to late May.
Item 11 a-11 c
City Council went into Executive Session at.10:18 a.m. in accordance with Texas Government
Code Sections 551.071, 551.087, and 551.074.
City Council reconvened at. 11:08 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 12
Moved by Councilor Hooker that Mr. Ben Filer be appointed as Chair to the Tax Increment
Financing Reinvestment Zone #2, with term to expire December 31, 2013.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
6
Item 12 continued
Moved by Councilor Roberts-Burns that Mr. Michael Smith be appointed to the Water Resources
Commission with term to expire December 31, 2014.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 14
City Council adjourned at 10:14 a.m.
PASSED AND APPROVED this 5th day of February 2013.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, At Large - 1.
Michael Smith, Mayor Pro Tern
~� Annetta Pope-Dotson, District 2
Brian Hooker, District 3
.. -
Tim Ingle, District 4 w>:
T e x A s Mary Ward, District 5
S/u�Sk�es Cf�lden Oyyerturti7ies -- -
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 15, 2013 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Reverend Mr. Jim Bindel, Deacon
Our Lady Queen of Peace Catholic Church
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation — Rider Raider Football Day
(b) Proclamation - Daughters of the Republic of Texas 50th Anniversary Day
(c) Employee of the Month -Sgt. Charlie Eipper, Police
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 18, 2012 Regular Meeting Of The Mayor
And City Council
CONSENT AGENDA
6. Resolution Authorizing The Purchase Of A Caterpillar #01
Hydraulic Excavator Through The Buyboard Purchasing
Cooperative From Warren Caterpillar In The Amount Of
$195,583.00
7. Receive Minutes
(a) Aviation Advisory Board, July 19, 2012
(b) Landmark Commission, October 23, 2012
(c) Traffic Safety Commission, November 7, 2012
REGULAR AGENDA
8. Ordinances
(a) Ordinance Partially Closing And Abandoning An #02
Approximately 826 Square Foot Portion Of The Alley
Between 3103 Kemp And 2405 Piedmont Subject To The
Removal Of An Oncor Utility Pole And The Entire Alley
As A Utility Easement
(b) Ordinance Making An Appropriation To The Special #03
Revenue Fund For HIV Prevention Services In The
Amount Of $78,800 Received From The Department Of
State Health Services And Authorizing The City Manager
To Execute Contract Accepting Same
9. Resolutions
(a) Resolution Authorizing The City Manager To Execute A #04
Professional Services Agreement With Biggs &
Matthews, Inc. For Engineering Services For The Phase
II Sanitary Sewer Evaluation Study, In An Amount Of
$92,500.00 For Basic Services
(b) Resolution Authorizing The City Manager To Execute A #05
Professional Services Agreement With URS Corporation
For Engineering And Quality Assurance Testing
Services In Conjunction With Taxiway C Repairs At
Wichita Falls Municipal Airport, In An Estimated Amount
Of$48,359.46
(c) Resolution Awarding The Bid For The Taxiway "C" #06
Rehabilitation Project At Wichita Falls Municipal Airport
To American Pavement Solutions, In An Estimated
Amount Of$135,380.87
(d) Resolution Approving Change Order No. 1 To The #07
Taxiway "C" Project At Wichita Falls Municipal Airport,
In An Estimated Amount Of$33,845.22
CITY COUNCIL AGENDA
PAGE 2 OF 4
(e) A Resolution Endorsing Certain Legislative Action In #08
The Regular Session Of The 83rd Texas Legislature To
Enhance The Competitive Electric Market And System
Reliability And To Protect The Traditional Role Of Cities
In The Regulatory Process
10. Other Council Matters
(a) Staff Council Discussion
• Helicopter & Helipad Regulation
(b) Discussion Of Items Of Concern To Members Of The City Council
11. Executive Sessions:
(a) Executive Session in accordance with Texas Government Code
§551.071, 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 economic development)
(b) 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 update).
(c) 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:
• Tax Increment Financing District#2 (Chairman)
12. Open Session To Consider Appointments To The Following Boards and
Commissions:
• Tax Increment Financing District#2 (Chairman)
• Water Resources Commission
13. Adjourn
CITY COUNCIL AGENDA
PAGE 3 OF 4
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 6th Street
entrance nearest the Council chambers. There are additional handicapped parking
spaces and ramp on 7th Street at the main building 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
2013, at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
PAGE 4 OF 4
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns,At Large l k
Michael Smith, Mayor Pro Tern
~� Annetta Pope-Dotson, District 2 r
Brian Hooker, District 3
ic
Tim Ingle, District 4
rz ;
r e x n s Mary Ward, District 5
-
Darron Leiker, City Manager
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
SUPPLEMENTAL NOTICE OF ADDITIONAL ITEM
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 15, 2013 Beginning At 8:30 A.M.
Item #
13. Public Hearing On The City's Intent To Issue Combination Tax And Revenue
Certificates Of Obligation
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 6th Street
entrance nearest the Council chambers. There are additional handicapped parking
spaces and ramp on 7th Street at the main building 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
2013 at o'clock (a.m.)(p.m.).
City Clerk