Min 04/17/2012 380
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
April 17, 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
Reverend Linda Marcum, Pastor of Beverly Drive United Methodist Church, gave the
invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
Paul Fleming with Edgin, Parkman, Fleming & Fleming, PC, gave a presentation
on the Comprehensive Annual Financial Report.
Item 4
Gene Douglas, 1811 Tenth Street, representing the Mills Family Trust, expressed
concerns regarding their commercial property located at the northeast corner of Scott and
10th Street (Hub Building). There is an issue with the pavement and right of way easement
that represent a danger to the public. That building will be used as a day care facility and
there will be children and parents coming and going which could pose a danger to them.
The City needs to look into that and repair the sidewalk. He stated that he is putting the
City on notice about this situation.
Mayor commented that usually businesses are responsible for sidewalk repairs
and if courts are going to set precedence and make cities responsible for sidewalk repairs,
be prepared to have taxes go up.
City Manager will look further into this. City Attorney will prepare a report to
Council.
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Item 5
Minutes of the April 3, 2012 Regular Council meeting were approved as
distributed.
Items 6— 7b
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 Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 6
RESOLUTION NO. 35-2012
Resolution Approving Change Order No.1 For The 2011 Budget Utility
Improvements Project (CWF10-550-10)
Item 7
Minutes of the following boards and commissions were received.
(a) Wichita Falls Economic Development Corp. (4A), November 17, 2011
(b) Traffic Safety Commission, March 7, 2012
Item 8a
ORDINANCE NO. 20-2012
Ordinance Closing, Abandoning, And Vacating An Alley Between Lot 27 of Block
1, Edgemere And Lot 1 of Block 2, Edgemere South, Wichita County, Wichita
Falls, Texas, Which Consists Of Approximately 1,800 Square Feet Between 4744
And 4800 Augusta Lane
Moved by Councilor Roberts-Burns that Ordinance No. 20-2012 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 8b
ORDINANCE NO. 21-2012
Ordinance Making Appropriations Into Several City Operating Funds In The Total
Amount Of $150,800 To Complete The Financing For The City's Narrow Banding
Radio Replacement Project
Moved by Councilor Roberts-Burns that Ordinance No. 21-2012 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
382
Item 8c
ORDINANCE NO. 22-2012
Ordinance Amending Sections 54-92 through 54-94 Of The Code Of Ordinances
Of The City Of Wichita Falls To Modify The City's Flood Damage Prevention
Provisions, Providing A Penalty Not To Exceed $2,000 Per Violation, And
Providing For Codification
Moved by Councilor Ward that Ordinance No. 22-2012 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
ORDINANCE NO. 23-2012
Ordinance Making An Appropriation To The Special Revenue Fund For Ryan White Part
B Grant Funding In The Amount Of$203,849 Received From Tarrant County, Texas, And
Authorizing The City Manager To Execute All Documents Necessary To Accept Said
Funds
Moved by Councilor Roberts-Burns that Ordinance No. 23-2012 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 9a
RESOLUTION NO. 36-2012
Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B
Sales Tax Corporation Board Of Directors, To Include Midwestern State
University Athletic Field Lighting Project In The Amount Of$350,000.
Moved by Councilor Hatcher that Resolution No. 36-2012 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 9b
RESOLUTION NO. 37-2012
Resolution Authorizing The Purchase Of 306 Mobile Radios, 63 Handheld Radios,
And Required Infrastructure And Installation For UHF Narrowband Two-Way
Radio System Through The Texas Department Of Information Resources State
Purchasing Cooperative From Self Radio In The Amount Of$266,972.39
Moved by Councilor Ward that Resolution No. 37-2012 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
383
Item 9c
RESOLUTION NO. 38-2012
Resolution Authorizing The City Manager To Execute All Documents Necessary
To Purchase 90 Computer Workstations With MsOffice And 20 Monitors From
Global Asset Online (HP) Via The Texas Department Of Information Resources
List In The Amount Of Approximately $76,583.00
Moved by Councilor Roberts-Burns that Resolution No. 38- 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 9d
RESOLUTION NO. 39-2012
Resolution Authorizing The City Manager To Enter Into An Agreement With
Anthony Inman Construction, Inc. For Construction Manager At Risk Services
Related To The Wichita Falls Travel Center Project, With An Estimated
Construction Cost Of $4,200,000, And Delegating Evaluation Authority To The
City Manager To The Maximum Extent Authorized By Texas Gov't. Code §
2267.053
Moved by Councilor Hatcher that Resolution No. 39-2012 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 10a
City Clerk Lydia Ozuna provided Early Voting Information relating to the May 12, 2012
Municipal Election; she provided the same information in Spanish.
Item 10b
Council members brought up the following matters:
Councilor Pope:
a) Kudos to Public Works Department and Bowels Construction for replacing a water pipe
on Elwood Street; professional work.
b) District 2 Cleanup is Saturday, April 28; will meet at Jalonick Park, asked youth and
young adults to help clean up. If elderly need assistance contact her.
Councilor Ward:
a) District 5 town hall meeting May 8 at 7 p.m. at Tower Elementary School.
b) Work on Missile and Riley Road has been completed by Public Works; workers were
very cordial and efficient. She thanked employees for what they do.
Councilor Smith:
a) Rains have brought an Increase in height of grass and weeds; if you have neighbors
not complying or see areas that need attention, please contact Code Enforcement.
b) Asked Staff to provide information about a chemical that slows the growth of grass; he
would like to know what we can do with our vacant lot programs when owner is not going
to mow; and if it is possible to use that chemical. Parks Director Jack Murphy informed
that they have looked into that one chemical but it is prohibitive; it does reduce the growth
of grass but they are different heights; we have a little of everything when we mow.
384
Item 10b continued
c) Restart the thought of updating on Drought Plan in the event it does not rain beginning
June 1, also how we can use recycled water.
Councilor Hatcher:
a) Turn left at Arby's on red; still working on the Facebook page.
Councilor Ingle:
a) Welcomed Brig. Gen. Michael A. Fantini to our City; it was a great change of
command and is an F16 Fighter School Instructor. Gen. Burke did a great job.
Colonel Michael A. Fantini
b) Thanked City Manager and Senior Staff for all they do; thanked City Manager for all
he does and the detail he provides. Leadership starts at the top and our leader takes
care of his staff.
c) It has been an honor to sit next to Councilor Hatcher for the past two years; it has
been fun and exciting. We are going to miss you; we appreciate what you have done.
Councilor Roberts-Burns:
a) We have a lot of mosquitoes; encouraged citizens to call the Health Department.
Health Director Lou Kreidler asked citizens to call 761-7820, but prevention starts at
home. Empty anything that holds water in your yard. Protect yourself with repellent,
long sleeves; and take necessary precautions.
Mayor Barham:
a) He entered on Comcate a rattlesnake problem in Belair Addition and high weeds,
received a prompt response. He expressed appreciation to the staff for their efforts in
everything they do.
b) Friday afternoon at 4 p.m. Rider Soccer Team enters the State Soccer Tournament for
the sixth time; wish them the best of luck; they have done a phenomenal job. I have
confidence they will win.
Item 11
City Council went into Executive Session at 10:06 a.m. in accordance with Texas
Government Code Sections 551.071 and 551-072 and 551.087.
City Council reconvened at 11:15 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 12
City Council adjourned at 11:16 a.m.
PASSED AND APPROVED this_1st day of_MMaa r_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 ! 4
Michael Smith, District 1 r
Annetta Pope-Dotson, District 2
•L �� Rick Hatcher, District 3
'l T ...
Uic
�( A CJ' Tim Ingle, District 4 ' c
T E X A S Mary Ward, District 5
B/u�Skie,Crolde�O��o�turH�irF,.
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, April 17, 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 Comprehensive Annual Financial Report by Edgin,
Parkman, Fleming, & Fleming, PC
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 April 3, 2012 Regular Meeting Of The Mayor And City
Council
CONSENT AGENDA
6. Resolution Approving Change Order No. 1 For The 2011 #54
Budget Utility Improvements Project (CWF10-550-10)
7. Receive Minutes
(a) Wichita Falls Economic Development Corp. (4A), November 17, 2011
(b) Traffic Safety Commission, March 7, 2012
REGULAR AGENDA
8. Ordinances
(a) Ordinance Closing, Abandoning, And Vacating An Alley #55
Between Lot 27 of Block 1, Edgemere And Lot 1 Of
Block 2, Edgemere South, Wichita County, Wichita Falls,
Texas, Which Consists Of Approximately 1,800 Square
Feet Between 4744 And 4800 Augusta Lane
(b) Ordinance Making Appropriations Into Several City #56
Operating Funds In The Total Amount Of $150,800 To
Complete The Financing For The City's Narrow Banding
Radio Replacement Project
(c) Ordinance Amending Sections 54-92 through 54-94 Of #57
The Code Of Ordinances Of The City Of Wichita Falls To
Modify The City's Flood Damage Prevention Provisions,
Providing A Penalty Not To Exceed $2,000 Per Violation,
And Providing For Codification
(d) Ordinance Making An Appropriation To The Special #58
Revenue Fund For Ryan White Part B Grant Funding In
The Amount Of $203,849 Received From Tarrant County,
Texas, And Authorizing The City Manager To Execute All
Documents Necessary To Accept Said Funds
9. Resolutions
(a) Resolution Approving The Programs And Expenditures #59
Of The Wichita Falls 4B Sales Tax Corporation Board Of
Directors, To Include Midwestern State University
Athletic Field Lighting Project In The Amount Of
$350,000
(b) Resolution Authorizing The Purchase Of 306 Mobile #60
Radios, 63 Handheld Radios, and Required
Infrastructure And Installation For UHF Narrowband
Two-Way Radio System Through The Texas Department
of Information Resources State Purchasing Cooperative
From Self Radio In The Amount Of$266,972.39
(c) Resolution authorizing the City Manager to execute all #61
documents necessary to purchase 90 Computer
Workstations With MSOffice And 20 Monitors from
Global Asset Online (HP) via the Texas Department of
Information Resources list in the amount of
approximately $76,583.00
CITY COUNCIL AGENDA
PAGE 2 OF 4
(d) Resolution Authorizing The City Manager To Enter Into #62
An Agreement With Anthony Inman Construction, Inc.
For Construction Manager At Risk Services Related To
The Wichita Falls Travel Center Project, with an
estimated construction cost of $4,200,000, and
Delegating Evaluation Authority to the City Manager to
the maximum extent authorized by Texas Gov't Code §
2267.053
10. Other Council Matters
(a) Staff Council Discussion
Early Voting Information for the May 12 Election
Informacion acerca de Votacion por Adelantada, Eleccion Municipal
el 12 de Mayo 2012
(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, update on pending &
contemplated litigation against and/or on behalf of the City, gang
injunction/law enforcement-related issues).
(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 hotel purposes).
(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 hotel-related projects).
13. Adjourn
CITY COUNCIL AGENDA
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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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