Min 05/01/2012 385
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
May 1, 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
Gene Holley, Pastor of Life Tabernacle Church gave the invocation.
Item 2b
Rick Hatcher, Councilor District 3, led in the Pledge of Allegiance.
Item 3a
Kim Childs and Tammy Robertson, 2011 Falls Fest Chairs, presented the City of Wichita Falls a
check in the amount of$14,362.16, proceeds from the 2011 Falls Fest event. Mayor Barham received
the check and expressed appreciation to the Junior League for the Falls Fest event.
Item 3b
Jim Newsome, President of Museum of North Texas History, Councilor Michael Smith Board
member, and Robert Seabury on behalf of the Museum of North Texas History and the Callfield
Memorial Living Exhibit presented a certificate of appreciation. They thanked the City of Wichita Falls
for its outstanding contribution to the Museum's goal of bringing our City's great history to the attention
of our citizens. The City's donation of the WWI airplane, he Curtis Jenny, and the use of its hangar at
Kickapoo Airport have made our goal a reality.
Robert Seabury provided the purpose and mission of the Callfield Museum and the Curtis Jenny.
Item 3c
Mayor proclaimed May 12, 20012 as "Letter Carrier's Food Drive in Wichita Falls".
Representatives from the Wichita Falls Letter Carriers and Area Food Bank accepted the proclamation.
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Item 3d
Mayor proclaimed May 2012 as "Elder Abuse Prevention Month in Wichita Falls". Nora Hodges,
President of the Red River Regional Resource Board, a representative of Adult Protective Services, and
a representative from Agency on Area Aging accepted the proclamation.
Item 3e
Mayor proclaimed April 29- May 5, 2012 as "Municipal Clerks Week in Wichita Falls" and urged
everyone to recognize the important services performed by and dedication of all municipal Clerks„
especially Wichita falls' own Lydia Ozuna.
City Clerk Lydia Ozuna expressed appreciation to God for placing her in this position and
thanked her seven bosses, Mayor Barham, Councilors Roberts-Burns, Michael Smith, Annetta Pope,
Rick Hatcher, Tim Ingle, and Mary Ward for the opportunity to serve the City and its citizens. Mrs.
Ozuna thanked the Council for celebrating Municipal Clerks' Week in Wichita Falls. She extended
congratulations to her colleagues throughout the world.
Taking a point of person privilege City Clerk Ozuna wished her daughter Melissa Sonia Aleman
a Happy Birthday.
Item 3f
Mayor recognized Mr. Mike Baxter, Public Health Inspector, Health Department, as Employee of
the Month for May 2012. Mayor presented Mr. Baxter with a plaque, a letter of appreciation, restaurant
tickets, and a check.
Item 3f
Steve Vaughn, Manager Castaway Cove Water Park, presented Megan Kolivides the Three Star
Aquatic Safety Award. Megan is the Manager for Aquatics at Castaway Cove Water Park. This is a very
high honor presented by Star Fish Aquatics to Castaway Cove Water Park.
Item 4
Katie Crosbie, 4500 Seymour Hwy., TV 3 News Reporter, announced that this is her last Council
meeting; she has a new work opportunity but it is a bitter sweet goodbye as I will be leaving a beat that I will
not be with all the nice people here at the Council meetings. You were so nice welcoming me and you have
helped me so much.. You have become a second home as well as TV 3. Everyone has been a "class act".
These have been some of the best years of my life. Thank you for all you have done for me.
Mayor informed that she is going to be a pharmaceutical representative. You have done us well and
you have been very professional in your job.
Item 5
Minutes of the April 17, 2012 Council meeting were approved as distributed.
Items 6a—6d
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ward that the Consent Agenda be approved.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
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Items 6a-6d continued
Minutes of the following boards and commissions were received.
(a) Park Board, February 23, 2012
(b) Wichita Falls Economic Development Board (4A), March 30, 2012
(c) Planning & Zoning Commission, March 14, 2012
(d) Zoning Board of Adjustment, July 20, 2011
Item 7a
A public hearing was held to determine if certain buildings and/or structures are to be considered
dangerous.
Mayor declared the public hearing open.
Mr. Bobby Teague, Building Administrator explained the process.
Twenty Items were listed for demolition, and the following persons requested extensions.
Item 1: Arnulfo Trejo requested 60 days to demolish.
Item 17: 2813 Kessler, Adam DeHoyos, 1605 Brenda Hursh, requested an extension.
Item 20: 1000 Irene — David Brock, representing seller and owner Brockland Estate
Development Company, requested 90 days to complete clean up.
Mayor called for additional comments. There being none Mayor declared the public hearing
closed.
Item 7b
ORDINANCE NO. 24-2012
Ordinance Finding Certain Buildings And/Or Structures To Be Dangerous; Requiring Property
Owners To Demolish Said Building And/Or Structures Within 30 Days Of The Date Of This
Ordinance; And Declaring An Emergency and Immediate Effective Date
Moved by Mayor Barham that Ordinance No. 24-2012 be passed with the following amendments:
Item 1: Authorized 60 days to demolish and clean up.
Item 17: Authorized 120 days to obtain permit and substantial completion
Item 20: Authorized 90 days to complete clean up.
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
City Council recessed at 9:30 a.m. and reconvened at 9:45 a.m
Item 8a
ORDINANCE NO. 25-2012
Ordinance Appropriating $10,000 To The Special Revenue Fund For Additional Grant Revenue
From The State Of Texas For The Texas Department Of Transportation Selective Traffic
Enforcement Program (Click It Or Ticket) Wave Grant FY 2012 For Traffic Enforcement And
Authorizing The City Manager To Execute All Documents To Accept Said Funds
Moved by Councilor Roberts-Burns that Ordinance No. 25-2012 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
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Item 8b
ORDINANCE NO. 26-2012
Ordinance Waiving The Application Of Article IV, Pyrotechnics, Of Chapter 50 Of The Wichita
Falls City Code To The Daytime Use Of Propane Cannons And Pistol-Launched Pyrotechnics
For Bird Control At The Intersection Of Maurine Street and Loop 11, Conditioned Upon
Sheppard Air Force Personnel Notifying All Property Owners Within 500 Feet Of The Boundary
Of Said Location Of The Impending Use Of Said Noise-Making Devices, Declaring An
Emergency, And Declaring An Effective Period Of This Ordinance From May 1, 2012 To
December 31, 2012.
Moved by Councilor Roberts-Burns that Ordinance No. 26-2012 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
ORDINANCE NO. 27-2012
Ordinance Authorizing The City Manager To Apply For Grant Funds From The Edward Byrne
Memorial Justice Assistance Grant Program In The Amount Of $39,217.00 With Co-Applicant,
Wichita County, Texas; Authorizing The City Manager To Execute All Documents To Accept
Said Funds; And Appropriating The City's Share Of This Grant In The Amount Of$21,569.35 To
The Special Revenue Fund.
Moved by Councilor Ward that Ordinance No. 27-2012 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. 28-2012
Ordinance Amending Article V — Municipal Produce Market, Sections 94-356 through 94-387 Of
The Code Of Ordinances Of The City Of Wichita Falls, Providing A Penalty Not To Exceed
$2,000 Per Violation, And Providing For Codification
Moved by Councilor Hatcher that Ordinance 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
Item 9a
RESOLUTION NO. 40-2012
Resolution Authorizing The City Manager To Enter Into A Lease Agreement With North Texas
Vision Of Wichita Falls, Inc. For Management And Operation Of The Farmers Market
Moved by Councilor Hatcher that Resolution No. 40-2012 be passed.
389
Item 9a continued
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. 41-2012
Resolution Awarding Bid And Contract For The 2011 Lake Wichita Park Improvements Project
(CWF11-734-12) To Bowles Construction Co. In An Estimated Total Amount Of$88,368.40.
Moved by Councilor Hatcher that Resolution No. 41-2012 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 9c
RESOLUTION NO. 42-2012
Resolution Approving Change Order No. 1 For The 2011 Lake Wichita Park Improvements
Project (CWF11-734-12) To Bowles Construction Co.
Moved by Councilor Roberts-Burns that Resolution No. 42-2012 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
Daniel Nix, Water Utilities Manager, gave a presentation on the "Can the Grease Program".
Item 10b
Council members brought up the following matters.
Councilor Dorothy Roberts-Burns:
a) Check into overgrown grass downtown sidewalks.
Councilor Timothy Ingle:
a) Asked about appraisal notices sent to persons who own airplanes. Mr. John Burrus explained that if
there is an exclusive lease interest with a municipality then the Wichita Appraisal District can tax that
lease holder on use of that exclusive property. City Manager added that it is required by law and
is something the Wichita Appraisal District has to do.
Councilor Rick Hatcher:
a) Next couple of weeks I am going to have to take this chair and clean it up for the next
Councilor District 3.
b) Addressed citizens, city employees and those who work for the City, as well as the two
candidates, one of which will occupy this seat. Do your best, good luck, be aware and be
ware that there are some special interest groups within our City; they exist only to further the
wants and desires of their own members at whatever tax payers' costs. They do get people
elected but they will expect in return your vote in favor of items that will help them and their
390
Item 10b continued
members financially. Always vote your conscious, stick to your principals, stand firm to your
convictions.
City Employees —thank you all for your dedication and continual improvement on how our
City looks and functions and how it is perceived. I appreciate and respect you all and what
you do Your jobs are not easy. Names are many, too many for me to mention. Especially
those sitting here today, thank you for running our City. Jim Dockery is fiscally responsible for
handling our money. Miles Risley, Lydia Ozuna, John Burrus, Russell Schreiber, all of you,
thank you. I also want to mention Cheryl Elliott who takes care of all of the Council's
schedules.
We need this City to be as business friendly as possible. In order to give the employees the
funds they need to live, we need to grow our tax base and it is best done having an awesome
city government and city organization,. and gung-ho "Pride in the Falls" from everybody that
gets a paycheck from this City. Sometimes you have to raise taxes and I hate that but if we
continue the pathway Darron Leiker has set us on and have that"Pride in the Falls" mentality,
there is no better place to live than here.
Citizens, in particular those in District 3—as your Councilor and during the year I was
fortunate to serve as Mayor Pro Tem; it was truly a pleasure, honor and high privilege to
represent and serve you.
To the Council - it has been a pleasure to work with you. Thank you for your friendship and
let's carry on.
Councilor Michael Smith:
a) Congratulations John Burrus and Airport Board on the billboard regarding "flying instead of
driving to and from DFW".
b) Regarding Code Enforcement issues discussed today, tall grass and weeds; I would like to
remind the public that Code Enforcement does a great job. He would like for staff to look at
an assessment on how we look compared to other cities in the area of Code Enforcement.
c) City of Wichita Falls to promote recycling in, blue bins for recycling have been put out.
Councilor Mary Ward:
a) Attended Park Board meeting and representatives provided information on what their
responsibilities are and I would like to allow them five minutes at the beginning of future Council
meeting to inform public about what goes on in the Parks area.
b) District 5 town hall meeting May 8 at John Tower School at 7 p.m. Please take advantage of this.
Councilor Annetta Pope:
a) District Clean Up was a success. Thanked everyone and all the support staff.
Item 11 a- 11 b
City Council went into Executive Session at 10:55 a.m. in accordance with Texas Government Code
Section 551.087 and 551.074.
City Council reconvened at 11:40 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 12
Moved by Councilor Hatcher that Ms. Carolyn Looney be appointed to Place 10 of the Landmark
Commission with term to expire December 31, 2014.
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
Moved by Councilor Hatcher that Mr. Tracy Fears be reappointed to the Wichita Wilbarger
9-1-1 Board with term to expire May 11, 2014.
391
Item 12 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
Moved by Councilor Hatcher that Mr. Andy Kocher be appointed to Place 11 of the Traffic Safety
Commission with term to expire December 31, 2014.
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
Moved by Councilor Hatcher that Capt. Darrell Choate be appointed to Place 8 of the Traffic
Safety Commission.
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 13
City Council adjourned at 11:45 a.m.
PASSED AND APPROVED this_15th_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
Michael Smith, District 1 *
~r Annetta Pope-Dotson, District 2
• Rick Hatcher, District 3I
Tim Ingle, District 4
r e x n s Mary Ward, District 5 a;
B/u�Sk1�,.Cr�/den O���fiurHtie,.
Darron Leiker, City Manager --
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
Amended 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, May 1, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Pastor Gene Holley
Life Tabernacle Church
(b) Pledge Of Allegiance
3. Presentations
(a) Proceeds from Falls Fest 2011 —Wichita Falls Junior League
(b) Certificate of Appreciation — Museum of North Texas History
(c) Proclamation — Letter Carriers' Food Drive—Wichita Falls Area Food Bank
(d) Proclamation — Elder Abuse Prevention Month — Red River Regional
Resource Board
(e) Aquatic Safety Awards — Lifeguards —Castaway Cove Water Park
(f) Employee of the Month — Mike Baxter, Health Dept.
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 17, 2012 Regular Meeting Of The Mayor And City
Council
CONSENT AGENDA
6. Receive Minutes
(a) Park Board, February 23, 2012
(b) Wichita Falls Economic Development Board (4A), March 30, 2012
(c) Planning & Zoning Commission, March 14, 2012
(d) Zoning Board of Adjustment, July 20, 2011
REGULAR AGENDA
7. (a) Public Hearing To Determine If Certain Buildings And/or
Structures Are To Be Considered Dangerous
(b) Ordinance Finding Certain Buildings And/Or Structures #63
To Be Dangerous; Requiring Property Owners To
Demolish Said Buildings And/Or Structures Within
Thirty (30) Days Of The Date Of This Ordinance And
Declaring An Emergency
8. Ordinances
(a) Ordinance Appropriating $10,000 To The Special #64
Revenue Fund For Additional Grant Revenue From The
State Of Texas For The Texas Department Of
Transportation Selective Traffic Enforcement Program
(Click It Or Ticket) Wave Grant FY 2012 For Traffic
Enforcement And Authorizing The City Manager To
Execute All Documents To Accept Said Funds
(b) Ordinance Waiving The Application Of Article IV, #65
Pyrotechnics, Of Chapter 50 Of The Wichita Falls City
Code To The Daytime Use Of Propane Cannons And
Pistol-Launched Pyrotechnics For Bird Control At The
Intersection Of Maurine Street and Loop 11, Conditioned
Upon Sheppard Air Force Personnel Notifying All
Property Owners Within 500 Feet Of The Boundary Of
Said Location Of The Impending Use Of Said Noise-
Making Devices, Declaring An Emergency, And
Declaring An Effective Period Of This Ordinance From
May 1, 2012 To December 31, 2012.
(c) Ordinance Authorizing The City Manager To Apply For #68
Grant Funds From The Edward Byrne Memorial Justice
Assistance Grant Program In The Amount Of $39,217.00
With Co-Applicant, Wichita County, Texas; Authorizing
The City Manager To Execute All Documents To Accept
Said Funds; And Appropriating The City's Share Of This
Grant In The Amount Of $21,569.35 To The Special
Revenue Fund
(d) Ordinance Amending Article V — Municipal Produce #66
Market, Sections 94-356 through 94-387 Of The Code Of
Ordinances Of The City Of Wichita Falls, Providing A
Penalty Not To Exceed $2,000 Per Violation, And
Providing For Codification
CITY COUNCIL AGENDA
PAGE 2OF4
9. Resolutions
(a) Resolution Authorizing The City Manager To Enter Into #67
A Lease Agreement With North Texas Vision Of Wichita
Falls, Inc. For Management And Operation Of The
Farmers Market
(b) Resolution To Award Bid And Contract For The 2011 #69
Lake Wichita Park Improvements Project (CWF11-734-
12) To Bowles Construction Co. In An Estimated Total
Amount Of$88,368.40
(c) Resolution Approving Change Order No. 1 For The 2011 #70
Lake Wichita Park Improvements Project (CWF11-734-
12) To Bowles Construction Co.
10. Other Council Matters
(a) Staff Council Discussion
• Update on the "Can the Grease Program"
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. Executive Sessions:
(a) Executive Session in accordance with Texas Government Code §
551.087, 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).
(b) 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:
• Landmark Commission
• Wichita Wilbarger 9-1-1 Board
12. Open Session To Consider Appointments To The Following Boards And
Commissions:
• Landmark Commission
• Wichita Wilbarger 9-1-1 Board
• Traffic Safety 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 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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