Min 09/18/2012 445
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
September 18, 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 - Absent
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Captain Noel Blancaflor, Chaplain at Sheppard Air Force Base, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
No one was present from AT&T; Mayor did not read this proclamation.
Item 4
Keith Cameron, 2620 Elmwood, asked several questions regarding the Drought
Contingency Plan, Lake Arrowhead, Lake Wichita, raw water, water rate increase, Lake
Kickapoo, and Lake Ringgold. He requested that before we go to Stage 3, Drought
Contingency Plan, notify public. Mayor and City Manager responded to all of Mr.
Cameron's questions; the City will send out a letter prior to going to Stage 3.
Item 5
Minutes of the September 11, 2012 Special Council meeting were approved as
distributed.
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Items 6-7c
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ingle 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, Hooker, and Ingle
Nays: None
Item 6
RESOLUTION NO. 87-2012
Resolution Awarding Bid For The Jasper Water Treatment Plant 1941/1951 Filter
Buildings Interior Overhead Deck And Joist Paint Project — 2012, CWF10-550-14
To J.N.A. Painting & Contracting Co. Inc., In An Estimated Total Amount Of
$115,500.00
Items 7a-7c
Minutes of the following boards and commissions were received.
(a) Landmark Commission, June 26, 2012
(b) Civil Service Commission, July 19, 2012
(c) Traffic Safety Commission, August 1, 2012
Item 8a
A public hearing was held regarding an amendment to Section 62-5 of the Code of
Ordinances of the City of Wichita Falls to Designate The Montgomery House at 1300 Buchanan as a
Wichita Falls Landmark.
Mayor declared the public hearing open.
Karen Montgomery, Landmark Commission Liaison, provided detailed information on
The Montgomery House at 1300 Buchanan as well as its history. Current property owners are
Dr. Grant Hulse Wagner and Mrs. Carol Russell Wagner. The Landmark Commission reviewed
an application for landmark nomination for 1300 Buchanan and determined that the building is
worthy of historical recognition and preservation as an individual landmark under the three
criteria: architectural, historical and cultural. The Landmark Commission unanimously
recommended the Montgomery House for designation by the City Council as a Wichita Falls
Landmark.
Councilor Smith noted that the Landmark Commission had done a yeoman's duty on this
and other designations. The Wagner's spent a lot of time, effort and money on bringing this back
up to the condition it was built in and thanks to all who were involved in this. You can drive by
and see it.
Dr. and Mrs. Wagner were in attendance. Mrs. Wagner commented that for 45 years
1300 Buchanan, The Montgomery House, has offered shelter, peace and comfort to our family; it
has been a blessing from a gracious God for us to live there and to raise two children there and
have loved living there. This is a genuine house that is pre pre-fab. Please drive by if you are
not familiar with this property. We feel privileged and honored to have been the stewards for the
past 45 years. We appreciate the recognition Council has given us today.
Mayor called for additional comments. There being none Mayor declared the public
hearing closed.
Item 8b
ORDINANCE NO. 52-2012
Ordinance Amending Section 62-5 Of The Code Of Ordinances Of The City Of
Wichita Falls To Designate The Montgomery House At 1300 Buchanan As A
Wichita Falls Landmark And Providing For Codification
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Item 8b continued
Moved by Councilor Smith that Ordinance No. 52 -2012 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, and Ingle
Nays: None
Item 8c
Mayor Barham presented Dr. & Mrs. Grant Hulse Wagner the Wichita Falls Landmark
Medallion, congratulated and thanked them for maintaining this home as a Wichita Falls
Landmark.
Item 9a
A public hearing was held regarding the 2012-13 Preliminary Budget
Mayor declared the public hearing open.
Finance Director Jim Dockery provided information on the budget process leading up to
this date. He highlighted some of the major items in the budget, noting that we have a one cent
increase that will fund three specific projects. He also informed on the 4% water and sewer rate
increase.
Councilor Smith clarified several things. We need to complete the Airport project; by our
investment of $140,000/yr. for 20 years we are gaining federal funding of approximately $28
million and that is an opportunity we cannot let go by with an Airport that is not even ADA
compliant anymore. It is a facility that needs to be rebuilt. Regarding the mowing that the State
has been doing, it has been cut; it is a statewide situation. We approached the State for a
renewal of the mowing and they said no; if we want it done we have to do it. A first glance
impression is very important to drawing people here, it is also a fire hazard and there are many
reasons we need to approach this problem. If you do not like what the State is doing, contact
your Senator, Craig Estes, and presumptive State Representative James Frank, that you want it
changed back. The code enforcement effort protects your property values. This is an important
component.
Councilor Roberts-Burns believes the Airport needs to be improved because to see how
they have to lift the handicap at the Airport is very inhumane. We need a new Airport to obtain
more federal money. This is the first place people see when they come to our City. Code
enforcement issue needs to be improved and that can be done with additional Code
Enforcement Officers.
Marion Stade, 20132 FM 1954, Holliday, asked several questions about the budget
ordinance: occupational tax, declaring an emergency. She suggested that instead of taxing
citizens put pressure on the State. She disagreed with the cost of the Airport and does not feel
there is a need to spend that money.
City Manager and City Attorney explained the emergency clause in the budget ordinance.
City Manager reminded that the budget process began in April and we have had public hearings
in July and August so none of this should be a surprise to the public.
Keith Cameron, 2620 Elmwood, commented that handicap ramps are not being installed
on street corners where Taft construction is going on now. Mayor informed that was an oversight
and will be corrected.
Mr. Cameron mentioned several areas that are not handicap accessible in the City,
including in his neighborhood. Mayor noted that sidewalks are the responsibility of the developer
of the property not the City, and ADA requirements should be followed.
Mayor called for additional comments. There being none Mayor declared the public
hearing closed.
448
Item 9b
ORDINANCE NO. 53-2012
Ordinance Adopting The Annual Budget For The Fiscal Year Beginning October
1, 2012 And Ending September 30, 2013, Approving Revisions To The FY
2011-12 Budget, and Declaring An Emergency
Moved by Councilor Roberts-Burns that Ordinance No. 53-2012 be passed.
Motion seconded by Councilor Smith.
Councilor Ingle suggested to suspend the step pay plan and instead have performance
pay, with the extra money to be used for those other three projects. This is a creative way of
doing this.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, and Hooker
Nays: Councilor Ingle
Item 10a
ORDINANCE NO. 54-2012
Ordinance Levying, Assessing, And Fixing The Tax Rate For The Use And
Support Of The Wichita Falls Municipal Government And Providing For The
Interest And Sinking Fund For The 2012-13 Fiscal Year; and Declaring An
Emergency
Moved by Councilor Roberts-Burns that the property tax rate be increased by the
adoption of a tax rate of$0.63526, which is effectively a 1 .82 percent increase in the tax
rate. This is Ordinance No. 54-2012.
Motion seconded by Councilor Smith.
Councilor Pope asked if there is anyway on the tax increase for the Airport, to increase
fees for people who use the Airport? Mr. Dockery informed that there would not be enough fees
generated to cover what is needed. City Manager commented on what has been done to
increase several fees at the Airport but there is a limit to what we can do to off-set that; however
we will continue to look.
Councilor Pope referred to the mowing and asked if we can get organizations to do
mowing out there? Mr. Dockery informed that Adopt a Highway Project will not allow this.
Councilor Pope asked if the code enforcement efforts can wait for another year. Mr.
Hugman provided information on the process and how the officers are rotated, but with only five
officers we cannot cover as much as we need to. We are reacting to complaints and need
additional resources to make a significant impact.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, and Hooker
Nays: Councilors Pope and Ingle
Mayor moved Item 11 a up to be considered at this time.
Item 11 a
RESOLUTION NO. 88-2012
Resolution Approving The Programs And Expenditures Of The Wichita Falls
Economic Development Corporation Budget For Fiscal Year 2012-2013
Moved by Councilor Roberts-Burns that Resolution No. 88-2012 be passed.
449
Item 11a continued
Motion seconded by Councilor Pope.
Councilor Ingle asked several questions regarding the funds to the Chamber of
Commerce from the 4A Budget.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, and Ingle
Nays: None
City Council recessed at 9:55 a.m. and reconvened at 10:15 a.m.
Item 10b
ORDINANCE NO. 55-2012
Ordinance Adopting The Five Year Capital Improvement Plan For The Fiscal Year
Beginning October 1, 2012 And Ending September 30, 2017
Moved by Councilor Ingle that Ordinance No. 55-2012 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, and Ingle
Nays: None
Item 10c
ORDINANCE NO. 56-2012
Ordinance Amending And Providing For Various Fees And Rates Of The City Of
Wichita Falls, Providing For Codification, And Declaring An Emergency And
Effective Dates
Moved by Councilor Roberts-Burns that Ordinance No. 56-2012 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, and Ingle
Nays: None
Item 10d
ORDINANCE NO. 57-2012
Ordinance Granting A Utility Easement Consisting Of 405 Square Feet Across
City Owned Property Known As Jarrett Park and Located At 2304 Lebanon Road
To Thuy Thien Vu.
Moved by Councilor Roberts-Burns that Ordinance No. 57-2012 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, and Ingle
Nays: None
450
Item 10e
ORDINANCE NO. 58-2012
Ordinance Amending Section 48-94 Of The Code Of Ordinances Of The City Of
Wichita Falls To Modify The Quarantine Fee And Providing For Codification
Moved by Councilor Roberts-Burns that Ordinance No. 58-2012 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, and Ingle
Nays: None
Item 11 b
RESOLUTION NO. 89-2012
Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B
Sales Tax Corporation Budget For Fiscal Year 2012-2013
Moved by Councilor Smith that Resolution No. 89-2012 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, and Ingle
Nays: None
Item 11 c
RESOLUTION NO. 90-2012
Resolution Authorizing The City Manager To Execute Work Order No. 21,
Pursuant To A Professional Services Agreement With URS Corporation For The
Purpose Of Developing Design And Bid Documents For The Rehabilitation Of
Taxiway "C" At Wichita Falls Municipal Airport, In An Estimated Amount Of
$48,189.53
Moved by Councilor Roberts-Burns that Resolution No. 90 -2012 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, and Ingle
Nays: None
Item 12a
City Manager informed that we will have a public hearing on the alley dumpster removal
project the first meeting in October and Council will vote on it the second meeting in October.
Item 12b
Council members brought up the following matters.
Councilor Ingle:
a) Commented on economic development and requested that an outside economic
development study item be placed on council agenda if two other Councilors are
interested in discussing an evaluation criteria. We need an outside study and the City
needs to take the lead and get a study going.
451
Item 12b continued
Councilor Smith:
a) Mentioned the request to change a part time recreation leader for the 50+ Zone to full
time in the 2013 FY Budget and would like it as an agenda item. If interested, contact
City Manager to place on agenda.
b) Congratulated Blake Leiker, student at Rider High School, for being named as
National Merit Semi-Finalist, one of 16,000 in the United States. He is Darron and
Beth Leiker's son.
c) SkyWest is going to contract with American Eagle for new flight service, hope this
works out. We need to have better scheduling.
b) Asked staff to check 1618 Kemp property for Code violations, as well as 713 Indiana,
looks dangerous.
Councilor Pope:
a) Thanked citizens for being involved in the tax rate issue.
b) Asked for an explanation on the increase on the water bill. Mr. Dockery explained the
water surcharge.
c) Town hall meeting September 27 at Lamar School.
Item 13
City Council went into Executive Session at 11:10 a.m. in accordance to Texas
Government Code Section 551.072.
City Council reconvened at 11:22 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 15
City Council adjourned at 11:22 a.m.
PASSED AND APPROVED this 2nd day of October 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
`r Annetta Pope-Dotson, District 2 ` A
• Brian Hooker District 3
Tim Ingle, District 4 Fi
T e x A s Mary Ward, District 5
B/u�Skie,Cry-/den O��ot'titn��ier --
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, September 18, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Captain Noel Blancaflor, Chaplain
Sheppard AFB
(b) Pledge Of Allegiance
3. Proclamation - No-Texting-While-Driving Day—AT&T
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 September 11, 2012 Special Meeting Of The Mayor
And City Council
CONSENT AGENDA
6. Resolution Awarding Bid For The Jasper Water Treatment #139
Plant 1941/1951 Filter Buildings Interior Overhead Deck And
Joist Paint Project — 2012, CWF10-550-14 To J.N.A. Painting &
Contracting Co. Inc., In An Estimated Total Amount Of
$115,500.00
7. Receive Minutes
(a) Landmark Commission, June 26, 2012
(b) Civil Service Commission, July 19, 2012
(c) Traffic Safety Commission, August 1, 2012
REGULAR AGENDA
8. (a) Public Hearing Regarding An Amendment To Section 62-5 Of The
Code Of Ordinances Of The City Of Wichita Falls To Designate The
Montgomery House At 1300 Buchanan As A Wichita Falls Landmark
(b) Ordinance Amending Section 62-5 Of The Code Of #140
Ordinances Of The City Of Wichita Falls To Designate
The Montgomery House At 1300 Buchanan As A Wichita
Falls Landmark And Providing For Codification
(c) Presentation of Landmark Medallion - 1300 Buchanan
9. (a) Public Hearing On The 2012-13 Preliminary Budget
(b) Ordinance Adopting The Annual Budget For The Fiscal #141
Year Beginning October 1, 2012 And Ending September
30, 2013, Approving Revisions To The FY 2011-12
Budget, and Declaring An Emergency
10. Ordinances
(a) Ordinance Levying, Assessing, And Fixing The Tax Rate #142
For The Use And Support Of The Wichita Falls Municipal
Government And Providing For The Interest And Sinking
Fund For The 2012-13 Fiscal Year; and Declaring An
Emergency
(b) Ordinance Adopting The Five Year Capital Improvement #143
Plan For The Fiscal Year Beginning October 1, 2012 And
Ending September 30, 2017
(c) Ordinance Amending And Providing For Various Fees #144
And Rates Of The City Of Wichita Falls, Providing For
Limited Codification, And Declaring An Emergency And
Effective Dates
(d) Ordinance Granting A Utility Easement Consisting Of #145
405 Square Feet Across City Owned Property Known As
Jarrett Park and Located At 2304 Lebanon Road To Thuy
Thien Vu
(e) Ordinance Amending Section 48-94 of the Code of #146
Ordinances of the City of Wichita Falls to Modify the
Quarantine Fee and Providing for Codification
CITY COUNCIL AGENDA
PAGE 2OF4
11. Resolutions
(a) Resolution Approving The Programs And Expenditures #147
Of The Wichita Falls Economic Development
Corporation (WFEDC) Budget For Fiscal Year 2012-2013
(b) Resolution Approving The Programs And Expenditures #148
Of The Wichita Falls 4B Sales Tax Corporation Budget
For Fiscal Year 2012-2013
(c) Resolution Authorizing The City Manager To Execute #149
Work Order No. 21, Pursuant To A Professional Services
Agreement With URS Corporation For The Purpose Of
Developing Design And Bid Documents For The
Rehabilitation Of Taxiway "C" At Wichita Falls Municipal
Airport, In An Estimated Amount Of$48,189.53
12. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
13. 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 and legal issues
related to water plant equipment).
(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 for
drainage 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
CITY COUNCIL AGENDA
PAGE 3 OF 4
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).
14. 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 6th Street
entrance nearest the Council chambers. There are additional handicapped parking
spaces and ramp on 7th Street at the main building 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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