Min 07/17/2012 413
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
July 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
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 Cheryl Murray, Pastor of Wesley United Methodist Church, gave the
invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
Mayor proclaimed July 19, 2012 as "Roberta Farris Day in Wichita Falls" in honor
of her 1071" birthday. Mrs. Farris grandson Troy Farris accepted the proclamation.
Signal-Hill was presented the Pre-Treatment Award for their efforts to protect our
environment. Health Director Lou Kreidler informed that they have received this award for
the last seven years.
Mayor presented Signal-Hill the certificate award for their achievements in
environmental excellence including pollution prevention, waste minimization and water
conservation for the year 2011. Mayor expressed appreciation to Signal-Hill for their
continued active role in protecting the environment.
Item 4
Donald Ball, 3109 Hollywood, asked about the status of the demolition of the
Shamburger Building on Kemp and Kell. Demolition was begun and it has stopped and is
an eyesore. Staff will look into this and follow-up with Mr. Ball.
Mr. Ball also asked if the City recycles plastic bottles, drop off location; and if there
is a refund for the bottles. Public Works Director informed that the City does not have a
plastic recycling program; a company from outside the city has orange receptacles.
Councilor Smith provided additional locations for various recycling.
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Item 4 continued
Mackie Hayes, 306 Elwood, with his place of business located at 810 71" Street,
mentioned several permitting issues with his restaurant. Mr. Kevin Hugman will get with
Mr. Hayes to explain his options.
Mr. Hayes also mentioned some tickets he had received regarding advertising on
his trailer. Mayor informed him that he would have to take that up with Municipal Court.
Item 5
Minutes of the July 3, 2012 Regular Council meeting were approved as distributed.
Items 6
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 Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 6
Minutes of the Wichita Falls Economic Development Corp. (4A), June 18, 2012 were received.
Item 7
A public hearing was held concerning the Proposed PY 2012 Action Plan of the Consolidated
Plan to Allocate Community Development Block Grant (CDBG) Funds in the Amount Of$1,085,104,
and HOME Investment Partnership Program (HOME) Funds in the amount Of$346,257, and re-
allocate$150,000 In PY 2011 CDBG Funds.
Mayor declared the public hearing open.
Assistant City Manager Kevin Hugman outlined the process for eligible projects for the
CDBG funds. Each year staff solicits applications from non-profit community service
organizations, and this year as in the past the requests greatly exceeded the allotted
funding. Staff makes recommendations to Council Subcommittee on Outside Agencies
who in turn recommend to City Council. He mentioned the decrease in funding, 16%
decrease in CDBG funds and 29% decrease in HOME funds.
He enumerated Council Sub-Committee recommendations for these funds. He
informed that this is the first of two public hearings.
Cassie Ahearn, Christmas in Action, 115 Terrace, Burkburnett, expressed
appreciation to the Council for their funding.
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
Item 8a
RESOLUTION NO. 62-2012
Resolution Awarding Bid And Contract For The 2012 Budget Utility Improvement
Project (CWF12-550-06) To A&M Construction And Utilities Inc., In An Estimated
Total Amount of$602,816.00
Moved by Councilor Ingle that Resolution No. 62-2012 be passed.
415
Item 8a continued
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 8b
RESOLUTION NO. 63-2012
Resolution Authorizing The City Manager To Execute An Advance Funding
Agreement With The Texas Department Of Transportation For The Construction
Of Sidewalk Along Professional Drive At SH 79 In An Estimated Amount Of
$12,157.50
Moved by Councilor Roberts-Burns that Resolution No. 63-2012 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 8c
RESOLUTION NO. 64-2012
Resolution Awarding Bid And Contract For The River Road Wastewater
Treatment Plant Anaerobic Digester Improvements Project 2012 (CWF12-542-07)
To Associated Construction Partners, Ltd In The Amount Of$3,611,720.00
Moved by Councilor Ingle that Ordinance No. 64-2012 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 8d
RESOLUTION NO. 65-2012
Resolution To Approve Change Order #2 And Amendment No. 2 To Work Order
No. 19 For The Design And Engineering Activities Associated With Runway 17-35
Rehabilitation, Phase 2 At Wichita Falls Municipal Airport In An Amount Of
$58,716.25
Moved by Councilor Ward that Ordinance No. 65-2012 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 9a
There were no Staff reports.
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Item 9b
Council members brought up the following matters:
Councilor Roberts-Burns:
a) Congratulated Bobby Teague on his appointment as Assistant Community
Development Director/City Building Official
b) Congratulated Marty Odom for his artistic talent and being accepted into the Council
Society of the 20t" National Exhibitors.
c) Mentioned the fireman who went into a burning house on McLaughlin to save those
people, and expressed appreciation to him. Congratulations to all our employees.
Councilor Ingle:
a) Made comments regarding the budget, looking at the bigger picture. The economic
news is not good; nationally, retail sales and spending have fallen in past three
months. Locally, City population has decreased; property tax base is stagnate and
has probably decreased. If sequestration happens in Congress, the Department of
Defense and SAFB could take a major hit; add in taxes from Obamacare and Bush
tax cuts going away, depending on who wins the next election, we have a worst
nightmare storm brewing. He questioned why we would want to increase the tax rate
to increase the number of employees. He does not think we can take a tax hike of
any means without some overall plan as to what its purpose is.
He gave several examples of projects such as paying $90,000 a year to mow and
upkeep a practically empty business park. We need to find out what is important to
us and identify the key things we want to accomplish, put a plan together, knowing we
will have limited resources, stick with that plan, cut out some of the extras.
We need some outside expert advice to look at our programs, our economic and
community development plans, evaluate us and tell us what we don't want to hear or
have refused to hear. We are hurting and have not grown in decades. If we stagnate
and just spend money on nice-to-do projects, what are we really accomplishing?
He believes the City is well managed and we are blessed to have revenue that can
pay our bills and employees, but pay raises, with the uncertain economic tsunami
brewing next year, we cannot do a raise or tax increase; our local economy cannot
support more pay increases.
We must stop comparing ourselves to other cities; we are well below these cities in
economic and population and property tax base growth.
If we receive an excess in revenues then we can reward our employees with
performance bonuses, but if the revenues start to decrease and we cannot pay the
bills, the cuts will be brutal; look at the cities going into bankruptcy. If we continue to
stagnate in population growth and tax base, we will have to eventually decrease the
size of government, not increase it as these latest proposals suggest.
b) We are in a major drought and this will only further erode our tax base and sales tax
and our overall economic outlook. We must focus and our priority right now must be
solely on reusing the effluent water throughout the City and reduce the demand from
area lakes. Money spent now on the water reuse project will pay us big dividends in
the future. Without water, who will move to a drought city when they can move east
to the 1-35 corridor where water is much more abundant than it is here.
c) We need to begin on the water reuse plan tomorrow, get it in place, find the funds
from other non-critical areas and from our economic development funds. This takes
priority over the airport, over mowing the medians, growing our code enforcement
office, over any other goodwill project, tax increases, and permanent pay raises.
Councilor Smith:
a) Public Works has been working hard on alternative plans for reuse of water and I
would support that. Water is a priority.
b) Budget process has begun and we have looked at preliminary figures. He likes to put
everything on the table and he is not afraid to look at a tax increase when it is
needed. There comes a time when you have to say are we going to do the things that
require us to run this city or shrivel up. You have to invest in what you are doing you
cannot continue to hold the line and think things are going to get better. I look
forward to seeing everything being put on the table.
c) Fireworks problems in the City because ordinances were not followed. He mentioned
the cost of employees, equipment to clean up the mess.
Councilor Pope:
d) Since we are in budget process, she encouraged her constituents to give her their
ideas and input.
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Item 10
City Council went into Executive Session at 9:40 a.m. in accordance with Texas
Government Code Sections 551.071 and 551-074.
City Council reconvened at 10:40 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 11
Moved by Councilor Smith that Mr. Stephen Gustafson be appointed to Place1 of
the 4A Wichita Falls Economic Development Corporation and that Mr. Dick Bundy be
reappointed, both with terms to expire July 31, 2015.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Moved by Councilor Pope that Mr. Dustin Nimz, Place 3, Mr. Darron Leiker, Place
4 be reappointed to the 4B Sales Tax Board and that Mr. Dominique Calhoun be
appointed, all with terms to expire July 31, 2014.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Moved by Councilor Roberts-Burns that Mr. Robert Clement, Place 8, be
reappointed to the Helen Farabee MHMR Board of Directors with term to expire August
31, 2014.
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
Mayor Barham announced reappointments of Mr. Lawrence McPherson, Place 4,
and Mr. Bobby C. Dinwiddie, Place 5, to the Wichita Falls Housing Authority with terms to
expire July 31, 2014.
Moved by Councilor Smith that the following members be reappointed to the Arts
Commission with terms to expire July 31, 2014.
Place 4, Ellen Jahnke
Place 8, Rev. Kevin Tiaden
and that Catherine Prose be appointed to Place 3 and John Hirschi to Place 6, terms to
expire July 31, 2014.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Moved by Councilor Roberts-Burns that Jennifer Andrews, Place 3, Jean Hall,
Place 6, and Carrie Anne Taylor, Place 7, be reappointed to the Library Advisory Board
with terms to expire July 31, 2015.
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
418
Item 12
City Council adjourned at 10:40 a.m.
PASSED AND APPROVED this 7ch day of August 2012.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns,At Large
Michael Smith, Mayor Pro Tern
Annetta Pope-Dotson, District 2
•�C •� Brian Hooker, District 3
1 f �( A S Tim Ingle, District 4 -
T E X A S Mary Ward, District 5
B/u�Ski�i.C/o/den O���tun�7ie, ---
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, July 17, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Reverend Cheryl Murray, Pastor
Wesley United Methodist Church
(b) Pledge Of Allegiance
3. Proclamation Honoring Mrs. Roberta Farris On The Occasion Of Her 107th
Birthday.
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 July 3, 2012 Regular Meeting Of The Mayor
And City Council
CONSENT AGENDA
6. Receive Minutes of the Wichita Falls Economic Development Corp. (4A),
June 18, 2012
REGULAR AGENDA
7. Public Hearing To Receive Public Comments Concerning The Proposed PY
2012 Action Plan Of The Consolidated Plan To Allocate Community
Development Block Grant (CDBG) Funds In The Amount Of $1,085,104,
HOME Investment Partnership Program (HOME) Funds In The Amount Of
$346,257, And Re-allocate $150,000 In PY 2011 CDBG Funds.
8. Resolutions
(a) Resolution Awarding Bid And Contract For The 2012 #95
Budget Utility Improvement Project — CWF12-550-06 To
A&M Construction And Utilities Inc., In An Estimated
Total Amount of$602,816.00
(b) Resolution Authorizing The City Manager To Execute An #96
Advance Funding Agreement With The Texas
Department Of Transportation For Construction Of
Sidewalk Along Professional Drive At SH 79 in an
estimated amount of$12,157.50
(c) Resolution Awarding Bid And Contract For The River #97
Road Wastewater Treatment Plant Anaerobic Digester
Improvements Project 2012 - CWF12-542-07 To
Associated Construction Partners, Ltd In The Amount Of
$3,611,720
(d) Resolution To Approve Change Order #2 and #98
Amendment No. 2 to Work Order No. 19 For The Design
And Engineering Activities Associated With Runway 17-
35 Rehabilitation, Phase 2 At Wichita Falls Municipal
Airport In An Amount Of$58,716.25
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 traffic engineering).
(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 Mayor Pro Tern and
Members Of The Following Boards And Commissions:
CITY COUNCIL AGENDA
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• 4A Wichita Falls Economic Development Corp.
• 4B Sales Tax Board
• Helen Farabee MHMR Board of Directors
• Wichita Falls Housing Authority (Mayor Appointment)
11. Open Session To Consider Appointments To The Following Boards And
Commissions:
• 4A Wichita Falls Economic Development Corp.
• 4B Sales Tax Board
• Helen Farabee MHMR Board of Directors
• Wichita Falls Housing Authority (Mayor Appointment)
• Arts Commission
• Library Advisory Board
12. 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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