Min 04/03/2012 373
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
April 3, 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
David Turner, Pastor of Floral Heights United Methodist Church gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed April 2012 as "Child Abuse Prevention Month" in Wichita Falls. Patsy Baggett
and Patsy's House Board members and volunteers accepted the proclamation.
Mayor presented the Patsy Baggett Children's Service Award to Geneva Schroeder. Mrs.
Schroeder expressed appreciation for the support from her family, her staff and Community Agencies
and Patsy Baggett. She was honored to receive this award and for the opportunity to serve the children
of our community.
Item 3b
Mayor proclaimed April 17, 2012 as "Rowena Jackson Day in Wichita Falls". Mrs. Jackson has
been a valued board member of Downtown Wichita Falls Development for more than twenty years and
is an invaluable presence in many Downtown Proud events. She was one of the first Directors of North
Texas Vision; served more than 15 years as treasurer. Mayor mentioned many of the volunteer
services Mrs. Jackson has provided our City, and her steady guidance and leadership and countless
volunteer hours reflect a true giving spirit. Rowena and her family have made a difference in Downtown
Development and in the lives of citizens of Wichita Falls.
Cynthia Delaney provided words of appreciation for all of Mrs. Jackson's efforts in our
Community. Mrs. Jackson is retiring and we want to thank her for all she has meant to our community.
374
Item 3b continued
Mrs. Jackson expressed the love she has for Wichita Falls and stated that it was God's calling in
all that she has been involved. She wished special Easter blessings to all and thanked everyone who
has participated in the Downtown endeavors.
Item 3c
Mayor proclaimed April 2012 as "National Safe Digging Month in Wichita Falls". A Red River
Damage Prevention Council Representative accepted the proclamation.
Item 3d
Mayor proclaimed April 2-8, 2012 as "National Public Health Week in Wichita Falls". Health
Director and several staff accepted the proclamation. Health Fair is April 14, 2012 from 9 a.m. to 1 p.m.
Item 3e
Design Works' representatives presented Mayor with the Bronze ADDY, a flu fighter comic strip
campaign created by Design Works. Al Gonzales and Crystal Hoffman from Health Department also
worked on this campaign.
Item 3f
Mayor recognized Mrs. Sharon Hoskins, Transit Operator/Airport, Traffic& Transportation
Department, as Employee of the Month for April 2012. Mayor presented Mrs. Hoskins with a plaque, a
letter of appreciation, restaurant tickets, and a check.
Item 4
Carol Castro, 2515 Missile Road, informed Council about Texas magnets with City logo that she
produces.
Item 5a
Minutes of the March 20, 2012 Council meeting were approved as distributed.
Mayor moved the Executive Session up at this time.
City Council went into Executive Session at 9:12 a.m. in accordance with Texas Government Code
Section 551.071.
City Council reconvened at 9:30 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 8g was moved up and considered at this time.
Item 8g
RESOLUTION NO. 34-2012
Resolution Reducing The Rental Fee Of The Mobile Stage For Rental To The Founders
Lions Club For Its T-O Fair Event September 11-15, 2012
Moved by Councilor Ward that Resolution No. 34-2012 be passed.
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Item 8g continued
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-6e
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Smith that the Consent Agenda be approved.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Items 6a-6e
Minutes of the following boards and commissions were received.
(a) Planning & Zoning Commission, January 22, 2012
(b) Landmark Commission, January 24, 2012
(c) Aviation Advisory Board, October 6, 2011
(d) Aviation Advisory Board, November 11, 2011
(e) Wichita Falls 4B Sales Tax Corporation, February 6, 2012
Item 7
ORDINANCE NO. 17-2012
Ordinance Rezoning Approximately 207.4 Acres Of Land From Single Family-1 to Heavy
Industrial And Approximately 31.5 Acres Of Land From Single Family-1 To Light Industrial, And
Amending The City's Land Use Plan By Changing Approximately 31.5 Acres From Industrial To
Light Industrial
Moved by Councilor Hatcher that Ordinance No. 17-2012 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
Item 7b
ORDINANCE NO. 18-2012
Ordinance Rezoning Approximately 202 Acres Of Land Along The Lawrence Road Area South
Of Kell Freeway, From Light Industrial To General Commercial, And Amending The City's Land
Use Plan By Changing Part of Said Area From Light Industrial To Commercial
Moved by Councilor Roberts-Burns that Ordinance No. 18-2012 be passed.
Motion seconded by Councilor Smith.
Jon Moeller, 1528 — 17th Street representing Don Brown, Wichita Energy Company, 3300 Arthur Street,
requested that Wichita Energy's property be excluded from this rezoning. We do not have any intention of
incorporating adult entertainment in that neighborhood. Our business has been manufacturing since 1910 and
we will assure you that we will not have adult entertainment on this property.
376
Item 7b continued
Marty Odom, Community Development, stated that he did not know if that would be considered spot zoning.
Our concern is for the long term, that if that particular use goes away what other things such as adult entertainment
could come in, out door storage, etc. This rezoning would be protection for the citizens.
Moved by Councilor Hatcher to amend proposed ordinance by excluding Wichita Energy Company from this
rezoning.
Motion seconded by Councilor Ingle.
Marty Odom recommended that the south section be excluded from this amendment.
Councilor Hatcher agreed to exclude property labeled Light Manufacturing/WH.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 7c
ORDINANCE NO. 19-2012
Ordinance Making Appropriation To The Special Revenue Fund For The Public Health
Emergency Grant In The Amount of $23,047 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. 19-2012 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 8a
RESOLUTION NO. 28-2012
Resolution Authorizing The City Manager To Execute An Energy Services Agreement With
Noresco, LLC In The Amount Of $5,143,427 For Installation Of Various Energy Saving Projects
And Guaranteeing A Payback Period
Moved by Councilor Roberts-Burns that Resolution No. 28-2012 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
377
Item 8b
RESOLUTION NO. 29-2012
Resolution Authorizing The City Manager To Execute All Documents Necessary To Amend A
Supplemental Schedule To A Master Capital Equipment Lease That Was Previously Entered
Into With SunTrust Equipment Financing And Leasing Company To Include A 13 Year
Repayment Schedule For Various Energy Savings Projects In The Principle Amount Of
$4,419,310
Moved by Councilor Smith that Resolution No. 29-2012 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
Item 8c
RESOLUTION NO. 30-2012
Resolution Awarding Bid For The 2012 Alley Rehabilitation Project (CWF12-530-05) to Luz
Lerma Construction Company, In An Estimated Total Amount Of$331,815.50
Moved by Councilor Roberts-Burns that Resolution No. 30-2012 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 8d
RESOLUTION NO. 31-2012
Resolution Approving Change Order No. 1 To The Transfer Station Tipping Floor Replacement
Project (CWF12-530-12) In The Amount Of$116,276.00
Moved by Councilor Hatcher that Resolution No. 31-2012 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 8e
RESOLUTION NO. 32-2012
Resolution Awarding Bid For The 2012 Lift Station No. 63 Rehabilitation Project (CWF12-550-
08) To Archer Western Construction, LLC, In An Estimated Total Amount Of$76,980.00
Moved by Councilor Roberts-Burns that Resolution No. 32-2012 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
378
Item 8f
RESOLUTION NO. 33-2012
Resolution Authorizing The City Manager To Execute A Professional Services Agreement With
Biggs And Mathews, Inc. For Engineering Services For The Hike And Bike Trail From Lucy Park
To Seymour Highway Project In An Estimated Total Amount Of$330,000
Moved by Councilor Ward that Resolution No. 33-2012 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 Dorothy Roberts-Burns:
a) Likes commercials with the bus and airlines, good commercials. This will increase passengers.
Councilor Timothy Ingle:
a) Congratulated both Fire and Police Chiefs and everyone who helped Kelly Crush's funeral. Thanked
everyone for what they did. It was a great job.
Councilor Rick Hatcher:
a) Sorry he was unable to attend Kelly's funeral; was out of town.
b) Texhoma Hellacious Run was a great event and hope it will turn into an annual event.
c) District 3 Town hall meeting at Jefferson School at 7 p.m. tonight.
Councilor Mary Ward:
a) Proud of City and everyone involved in the ceremony in memory of Kelly Crush. Thanked firefighters
and those who came into town and everyone who helped. Mayor did a great job.
Councilor Annetta Pope:
a) April 28 will be clean up in District 2.
b) Asked for information on the new flights. John Burrus provided information on the new departure
times..
Mayor Glenn Barham:
a) Services Saturday were excellent. Thanked Bob Sullivan and staff for turning this over to get ready
for a hockey team game that evening. It was an emotional time and everyone there celebrated the
life of a great guy.
Item 10a-10c
City Council went into Executive Session at 11:00 a.m. in accordance with Texas Government Code
Section 551.071, 551.072 and 551.087.
City Council reconvened at 11:54 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 11
City Council adjourned at 11:55 a.m.
379
PASSED AND APPROVED this_17th day of April 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
`r Annetta Pope-Dotson, District 2
/ Rick Hatcher, District 3 .
� ((C)'in
Tim Ingle, District 4
TEXAS Mary Ward, District 5 a
Xu,Sk1o7*Aew oyyo-rfM&rles
Damon 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, April 3, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: David Turner, Pastor
Floral Heights United Methodist Church
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation — Child Abuse Prevention Month — Patsy's House
(b) Proclamation — Rowena Jackson Day
(c) Proclamation - National Safe Digging Month - Red River DPC
(d) Proclamation — Public Health Week— Health Department
(e) Presentation — Bronze ADDY (Flufighter Comic Strip campaign)- Design Works
(f) Employee of the Month - Sharon Hoskins, Transportation
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 March 20, 2012 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
6. Receive Minutes
(a) Planning & Zoning Commission, January 22, 2012
(b) Landmark Commission, January 24, 2012
(c) Aviation Advisory Board, October 6, 2011
(d) Aviation Advisory Board, November 11, 2011
(e) Wichita Falls 4B Sales Tax Corporation, February 6, 2012
REGULAR AGENDA
7. Ordinances
(a) Ordinance Rezoning Approximately 207.4 Acres Of Land #44
From Single Family-1 to Heavy Industrial And
Approximately 31.5 Acres Of Land From Single Family-1
To Light Industrial, And Amending The City's Land Use
Plan By Changing Approximately 31.5 Acres From
Industrial To Light Industrial
(b) Ordinance Rezoning Approximately 202 Acres Of Land #45
Along The Lawrence Road Area South Of Kell Freeway,
From Light Industrial To General Commercial, And
Amending The City's Land Use Plan By Changing Part
of Said Area From Light Industrial To Commercial
(c) Ordinance Making Appropriation To The Special #46
Revenue Fund For The Public Health Emergency Grant
In The Amount of $23,047 Received From The
Department of State Health Services and Authorizing
The City Manager to Execute Contract Accepting Same
8. Resolutions
(a) Resolution Authorizing The City Manager To execute an #47
Energy Services Agreement With Noresco, LLC In The
Amount Of $5,143,427 For Installation Of Various Energy
Saving Projects And Guaranteeing A Payback Period
(b) Resolution Authorizing the City Manager to execute all #48
documents necessary to amend a Supplemental
Schedule To A Master Capital Equipment Lease That
Was Previously Entered Into With SunTrust Equipment
Financing And Leasing Company To Include A 13 Year
Repayment Schedule For Various Energy Savings
Projects In The Principle Amount Of$4,419,310
(c) Resolution Awarding Bid For The 2012 Alley #49
Rehabilitation Project (CWF12-530-05) to Luz Lerma
Construction Company, In An Estimated Total Amount
Of$331,815.50
(d) Resolution To Approve Change Order No. 1 to The #50
Transfer Station Tipping Floor Replacement Project
(CWF12-530-12) In The Amount Of$116,276.00
CITY COUNCIL AGENDA
PAGE 2 OF 4
(e) Resolution Awarding Bid For the 2012 Lift Station No. 63 #51
Rehabilitation Project (CWF12-550-08) To Archer
Western Construction, LLC, In An Estimated Total
Amount Of$76,980.00
(f) Resolution Authorizing The City Manager To Execute A #52
Professional Services Agreement With Biggs And
Mathews, Inc. For Engineering Services For The Hike
And Bike Trail From Lucy Park To Seymour Highway
Project In An Estimated Total Amount Of$330,000.00
(g) Resolution Reducing The Rental Fee Of The Mobile #53
Stage For Rental To The Founder Lions Club For Its T-O
Fair Event September 11-15, 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 manufacturing projects funded by
Wichita Falls Economic Development Corporation).
(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, the
purchase, exchange, lease, or value of property interests in the
vicinity of (1) Maplewood Avenue, (2) Lake Arrowhead, and (3) Lake
Kickapoo).
(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 develop-
CITY COUNCIL AGENDA
PAGE 3 OF 4
ment 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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