Min 02/15/2011 194
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
February 15, 2011
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
Linda Ammons - Councilors
Michael Smith -
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 District 3 Rick Hatcher gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed February 2011 as "Black History Month in Wichita Falls".
Mrs. Lila Watson and Mr. Kenny Mayo with the Museum of North Texas History
accepted the proclamation and invited citizens to visit the Black History Exhibit.
Item 3b
Mr. Kevin Hugman introduced Mrs. Carla Bolin, Executive Vice President of
Marketing for the Chamber of Commerce. Mr. Hugman and Mrs. Bolin introduced the
new portal website, "www.choosewichitafalls.com"; Mr. Hugman walked us through the
website, and Mrs. Bolin gave a presentation on what is happening with Pride in the
Falls and the new portal and where we are heading.
Item 3c
Mayor recognized Ms. Sarai Smith, Plan Operator Il, Water Purification, as
Employee of the Month February 2011. Mayor presented Ms. Smith with a plaque, a
letter of appreciation, restaurant tickets, and a check.
195
Item 4
Robert Mitchell, 2144 Avenue E, presented concerns regarding intentional
illegal acts and practices by Big Daddy's Wrecker. Mr. Mitchell stated that his vehicle
was illegally towed and even after a probable cause hearing and finding by the Court
that there was no probable cause to tow his vehicle, Big Daddy's refused to release his
vehicle and used political connections with County law enforcement to disregard the
Courts determination and override the City's rules and regulations. He does not believe
that politics, political donations or personal contacts should be allowed to block or deny
citizens legal protection and the laws that are clearly in our books. It is law
enforcement's job to enforce the law not to act like it does not exist; that is injustice. He
explained that he had to go through the Texas Department of Licensing and
Regulations to have Big Daddy's release his vehicle but it was 38 days after the
business was already aware. Big Daddy's is licensed by the State but permitted by the
City to operate here. He asked that an investigation take place, which takes time but
the Council under the Occupation Code has the authority to act immediately and
enforce the automatic removal of Big Daddy's from the City's rotation list. This is to
protect himself as well as the citizens of this City from this predatory business. He filed
a formal complaint with the Texas Department of Licensing and Regulations, and after
this meeting will file one with Police Chief Bachman. Just as the State acted, he is
asking that the City do the same.
Mayor informed Mr. Mitchell that Council cannot act on anything that comes
from "Comments from the Public" until after an investigation is conducted. After
Council receives the results of Chief Bachman's investigation, we will take action if it is
necessary.
Item 5
Minutes of the January 18, 2011 Council meeting were approved as distributed.
Items 6-7g
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 Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 6
RESOLUTION NO. 10-2011
Resolution Awarding the Bid For The City's Estimated Annual Requirement for
Class A, Curb & Gutter, and Class C-C Ready Mix Concrete And Flowable Fill
To Pitts Ready Mix In The Amount Of $116,150.00 And for Class S Ready Mix
Concrete To OK Concrete In The Amount Of $186,125.00
Items 7a-7g
Minutes of the following boards and commissions were received.
(a) Wichita Falls Economic Development Corp., (4A) June 29, 2010
(b) Wichita Falls Economic Development Corp., (4A) July 16, 2010
(c) Wichita Falls Economic Development Corp., (4A) December 9, 2010
(d) Wichita Falls 4B Sales Tax Board, November 4, 2010
(e) Wichita Falls-Wichita County Public Health Board, October 22, 2010
(f) Park Board, December 2, 2010
(g) Planning &Zoning Commission, December 8, 2010
196
Item 8a
ORDINANCE NO. 08-2011
Ordinance Authorizing A General Election To Be Held On May 14, 2011, For
The Purpose Of Electing A Councilor At Large, Councilor District 1, And
Councilor District 2; Designating Election Precincts; Appointing Election
Officials; Establishing Pay Rates For Election Workers; Providing For Voting
Machines; Authorizing A Joint Election Agreement; Providing For Early Voting;
Authorizing Execution Of Order And Notice; And Providing For Other Election
Matters
Moved by Councilor Ammons that Ordinance No. 08-2011 be passed.
Motion seconded by Councilor Ingle.
City Clerk provided Election information in Spanish.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8b
ORDINANCE NO. 09-2011
Ordinance Closing The Barwise Street Railroad Crossing To Comply With Burlington-
Northern Santa Fe Railway Company's Closure Requirement For Installation Of A New
Crossing At Kell Boulevard Service Drive Between Fairway And Barnett Roads,
Rescinding The Closure Of The Granger Street Railroad Crossing, And Authorizing
City Staff To Install End-Of-Road Treatments At Appropriate Approaches
Moved by Councilor Hatcher that Ordinance No. 09-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8c
ORDINANCE NO. 10-2011
Ordinance Adding Section 6.13 To Appendix A Of The Wichita Falls Code Of
Ordinances, Which Will Authorize City Staff To Issue Easements, Licenses,
And Abandonments Of City Property Interests, And Providing For Codification
Moved by Councilor Roberts-Burns that Ordinance No. 10-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
197
Item 8d
ORDINANCE NO, 11-2011
Ordinance Appropriating $66,000 To The Special Revenue Fund For Housing
Opportunities For Persons with AIDS (HOPWA) Grant 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 Ammons that Ordinance No. 11-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8e
ORDINANCE NO. 12-2011
Ordinance Amending Section 90-2 Of The Code Of Ordinances Of The City Of
Wichita Falls, Relating To The Initiation Of Solid Waste Service For Newly
Constructed Homes. and Providing For Codification.
Moved by Councilor Ward that Ordinance No. 12-2011 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8f
ORDINANCE NO. 13-2011
Ordinance Amending Section 90-128 Of The Code Of Ordinances Of The City
Of Wichita Falls, Relating To Commercial Landfill And Transfer Station
Charges; And Providing For Codification
Moved by Councilor Ammons that Ordinance No. 13-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
City Council recessed at 9:30 a.m. and reconvened at 10:00 a.m.
Item 9a
RESOLUTION NO. 11-2011
Resolution Approving A 20-Year Raw Water Purchase Contract To Provide
Water To The Red River Authority Of Texas For The Sale And Purchase Of
Raw Water From Lake Arrowhead
Moved by Councilor Hatcher that Resolution No. 11-2011 be passed.
198
Item 9a continued
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 9b
RESOLUTION NO. 12-2011
Resolution Authorizing The City Manager To Execute A Professional Services
Agreement With Amusement-Aquatic Management Group, Inc., For
Management, Operation, and Consultation Services For The Castaway Cove
Water Park
Moved by Councilor Roberts-Burns that Resolution No. 12-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and
Ward
Nays: None
Item 9c
RESOLUTION NO. 13-2011
Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B
Sales Tax Corporation Board Of Directors, Including The MPEC Capital
Improvements Project In The Amount Of $200,000 And The Outdoor Warning
Sirens Project In The Amount Of $140,000
Moved by Councilor Roberts-Burns that Resolution No. 13-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 9d
RESOLUTION NO. 14-2011
Resolution Authorizing The Purchase Of An Advanced Transportation Management
System And Signal Controllers From Paradigm Traffic Systems, Inc., In A Total
Amount Of $107,170
Moved by Councilor Roberts-Burns that Resolution No. 14-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
199
Item 9e
RESOLUTION NO. 15-2011
Resolution Awarding Bid For The Purchase And Installation Of Storm Windows
At The Memorial Auditorium To Chavez Contracting In An Estimated Amount
Of$96,556.00
Moved by Councilor Ammons that Resolution No. 15-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 10a
There were no staff reports.
Item 10b
Council members brought up the following matters.
Councilor Roberts-Burns:
1) Thanked City departments for cleaning all the streets during the snow
and ice events.
2) Asked staff to check into the trash at 400 Woods Street.
Councilor Ward:
1) Her husband was hit by a vehicle last week and she expressed
appreciation to Mr. James Garcia, Street Department employee and
Officer Challis for assisting her husband; kudos to those men. We
have great employees and their supervisors.
2) Clarified that when she mentioned not running for office, she meant
the City View ISD Board, not City Council
Councilor Smith:
1) Reminded citizens that our 4B Sales Tax Board exists to enhance
certain amenities in the City; it operates from '/4 of one cent of the
entire City sales tax generated in the City, which is generated not
only by our citizens but by everyone who visits Wichita Falls.
Anyone interested in serving on that board can apply here at the
City. Their meetings are open to the public
2) South Weeks Park Pond is fully utilized enjoying what is available
there, fishing, walking, etc. Encouraged everyone to go out there.
3) Asked for an update on the Dog Park. Mr. Jack Murphy informed
that we hope to open in the late spring or early summer; will make
an announcement in a few weeks.
4) The Animal Reclaim facility has opened; he invited the citizens to go
out there and see what your money has built. It is a great facility and
he commended Mrs. Franklin and her staff for doing a great job out
there.
5) The Black History Exhibit at the Museum of North Texas History will
run through March 5.
Councilor Hatcher:
1) Town Hall Meeting in District 3 on March 8 at Cunningham School
begins at 7:00 p.m.
2) Mentioned the Election and positions open; encouraged citizens to
look into this to see if they are willing and have something to offer by
serving on this body.
3) Commended Convention Visitors Bureau and Pride in the Falls on
their new Visitors' Guide and Find Yourselves in the Falls brochure;
very proud on how these came out.
4) Wished Councilor Ward's husband a speedy recovery; sorry to hear
what happened to him
200
Item 10b continued
5) Wheelchair ramp locations seem to be going nowhere and just stop.
City Manager informed that part of that is the American Disabilities
Act, and TXDOT is probably under some time schedule that they
need to have these ramps put in but not enough money to complete
the sidewalks.
6) Tonight at the Wichita Theater the Glen Miller Orchestra will be here
and the Rider Jazz Band will be opening for them at 6:30 p.m. Some
of the proceeds are going to go to help the Rider Band go to
England.
7) It is legal to turn left at Arby's on red if safe to do so.
Councilor Ingle:
1) Suggested purchasing blades to put in front of trucks in preparation
for future bad weather. City Manager informed that there are plans
to budget this type of equipment.
2) Referred to Elections as a way to serve the City and included that
boards and commissions are also a great way to get involved in our
City.
3) Council Strategic Planning meeting the next two days; it is a
workshop and Mayor can allow public comments if time allows.
4) He asked Chief Bachman for information on the graffiti incident.
Officer R.W. Smith explained the process and how this incident is
being handled.
5) Likes the idea of the portal website and having a central reference,
but his concern is stepping into a private company that is already
doing that. City Manager informed that there is a company that has
launched into this. Part of it is a community calendar with
advertising and it is for profit. We have to be very careful with
putting our information on a for profit site. We cannot control
advertising on another site and we do not want to be perceived as
endorsing a certain company or product on that community
calendar.
6) Referred to Mr. Robert Mitchell's request and asked how long the
investigation will take. City Manager informed that Staff will report
to Council on that.
7) TXDOT replaced some lights poles on Spur 386 and the lighting is
phenomenal.
Councilor Ammons:
1) Commended the media for doing a great job warning us before and
during the ice and snow events.
2) Carla Hawkins who lives on Ridgemont had her mail box torn down
several times during the treacherous weather; she asked if
something could be done to prevent this with possibly a concrete
barrier. Staff will look into this.
3) Mentioned that Councilor Hatcher's son, Zack, is in the Rider Jazz
Band and is a treat musician.
4) Asked if something could be done about the dead zones
experienced with the MDTs. Staff will provide a status report and
update on how the system works. Mayor informed that this will be
discussed at the Strategic Planning meeting this week.
Mayor Barham:
1) City Manager's son is also on that Rider Jazz Band
2) Echoed everybody else's comments about the excellent work done
by Public Works; it was a phenomenal job with the ice and snow,
Police and Fire Department as well. Also our employees who
braved the elements when we had the short days; it is
commendable of those who made it in.
3) Thanked the boards and commissions members who serve
voluntarily give of their time; we thank them for the input they give to
the Council.
4) Planning sessions begin tomorrow at 8:30 a.m. and they are open
to the public; public comments will be brief. A group of home
schooled students will be in attendance.
201
Item 11
No Executive Session was held.
Item 12
Moved by Councilor Hatcher that Mr. Andy Lee be appointed to the Landmark
Commission, Place 1, with term to expire December 31, 2012.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
City Council adjourned at 11:15 a. m.
PASSED AND APPROVED this day of 1Cy��! 2011.
aA,,
MAYOR
ATTEST:
dia Ozuna
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Linda Ammons, Councilor At Large K
Michael Smith, District 1 --
~r Dorothy Roberts-Burns, Mayor Pro Tern
•�C !� Rick Hatcher, District 3 for �S Tim Ingle, District 4 °y
'l -
T E X A S Mary Ward, District 5
B/u�Skie,.Cr�/deit O��otttinitie,
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, February 15, 2011 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Dr. Michael Roberson, Pastor
Lamar Baptist Church
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation — Black History Month, Museum of North Texas History, Lila
Watson, Kenny Mayo
(b) Presentation — Pride in the Falls Portal Website — Chamber of Commerce,
Carla Bolin
(c) Employee of the Month - Sarai Smith, Water Purification
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 January 18, 2011 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
6. Resolution Awarding Bid For The City's Estimated Annual #21
Requirement for Class A, Curb & Gutter, and Class C-C Ready
Mix Concrete And Flowable Fill To Pitts Ready Mix In The
Amount Of $116,150.00 And for Class S Ready Mix Concrete
To OK Concrete In The Amount Of$186,125.00
City Council Agenda
Tuesday, February 15, 2011
Page 2
7. Receive Minutes
(a) Wichita Falls Economic Development Corp., (4A) June 29, 2010
(b) Wichita Falls Economic Development Corp., (4A) July 16, 2010
(c) Wichita Falls Economic Development Corp., (4A) December 9, 2010
(d) Wichita Falls 4B Sales Tax Board, November 4, 2010
(e) Wichita Falls-Wichita County Public Health Board, October 22, 2010
(f) Park Board, December 2, 2010
(g) Planning & Zoning Commission, December 8, 2010
REGULAR AGENDA
8. Ordinances
(a) Ordinance Authorizing A General Election To Be Held #22
On May 14, 2011, For The Purpose Of Electing A
Councilor At Large, Councilor District 1, And Councilor
District 2; Designating Election Precincts; Appointing
Election Officials; Establishing Pay Rates For Election
Workers; Providing For Voting Machines; Authorizing a
Joint Election Agreement; Providing For Early Voting;
Authorizing Execution Of Order And Notice; and
Providing For Other Election Matters
(b) Ordinance Closing The Barwise Street Railroad #23
Crossing To Comply With Burlington-Northern Santa Fe
Railway Company's Closure Requirement For
Installation Of A New Crossing At Kell Boulevard
Service Drive Between Fairway And Barnett Roads,
Rescinding The Closure Of The Granger Street Railroad
Crossing, And Authorizing City Staff To Install End-Of-
Road Treatments At Appropriate Approaches
(c) Ordinance Adding Section 6.13 To Appendix A Of The #24
Wichita Falls Code Of Ordinances, Which Will Authorize
City Staff To Issue Easements, Licenses, And
Abandonments Of City Property Interests, And
Providing For Codification
(d) Ordinance Appropriating $66,000 To The Special #25
Revenue Fund For Housing Opportunities For Persons
with AIDS (HOPWA) Grant 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
City Council Agenda
Tuesday, February 15, 2011
Page 3
(e) Ordinance Amending Section 90-2 Of The Code Of #26
Ordinances Of The City Of Wichita Falls, Relating To The
Initiation Of Solid Waste Service For Newly Constructed
Homes, and Providing For Codification
(f) Ordinance Amending Section 90-128 Of The Code Of #27
Ordinances Of The City Of Wichita Falls, Relating To
Commercial Landfill And Transfer Station Charges; And
Providing For Codification
9. Resolutions
(a) Resolution Approving A 20-Year Raw Water Purchase #28
Contract To Provide Water To The Red River Authority
Of Texas For The Sale And Purchase Of Raw Water
From Lake Arrowhead
(b) Resolution Authorizing The City Manager To Execute A #29
Professional Services Agreement With Amusement-
Aquatic Management Group, Inc., For Management,
Operation, and Consultation Services For The Castaway
Cove Water Park
(c) Resolution Approving The Programs And Expenditures #30
Of The Wichita Falls 4B Sales Tax Corporation Board Of
Directors, Including The MPEC Capital Improvements
Project In The Amount Of $200,000 And The Outdoor
Warning Sirens Project In The Amount Of$140,000
(d) Resolution Authorizing The Purchase Of An Advanced #31
Transportation Management System and Signal
Controllers from Paradigm Traffic Systems, Inc., in a
total amount of$107,170
(e) Resolution awarding Bid For The Purchase And #32
Installation Of Storm Windows At The Memorial
Auditorium To Chavez Contracting In An Estimated
Amount Of$96,556.00
10. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
City Council Agenda
Tuesday, February 15, 2011
Page 4
11. 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 Landmark Commission)
12. Open Session To Consider Appointments To The Landmark Commission
13. 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 ,
2011 at o'clock (a.m.)(p.m.).
City Clerk