Min 10/16/2012 457
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
October 16, 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 8:37 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
Myrna Marks - Deputy City Clerk
Mayor Barham called the meeting to order.
Item 2a
District 2, Councilor Annetta Pope gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed October 17, 2012 as "Helping Hands and Hearts Day" in
Wichita Falls. Lisa and Daniel Schrader accepted the proclamation.
Mayor proclaimed Saturday, October 27, 2012, as "Zombie Crawl Day", a walk
and 5K run event to support the American Red Cross. Clayton Lane, Walter Lambert,
and Crystal Adler representatives for the Zombie Crawl, accepted the proclamation and
invited the public to participate in this event.
Item 4
Robert Seabury, 2 Shepherd Court, requested additional space at the new
terminal to permanently house the Curtiss Jenny airplane. The exhibit would be called
"Jenny to Jets" along with the T-38, Callfield and Sheppard AFB Museum artifacts. Mr.
Seabury provided plans and cost estimates.
Kevin Pearson, 5017 Whisper Wind, representing the Callfield Aviation
Museum, supported the wonderful opportunity to showcase the Curtiss Jenny and
preserve it, since the Jenny is currently stored in a metal building. Synergy would
occur with SAFB via the Heritage Museum by displaying the early days and current
day's history of Sheppard.
458
Item 4 continued
Jeffrey Baumgras, 1504 Childress St., aviation student, volunteers and provides
ground support to Callfield Museum, wants the Council to value and cherish this Curtiss
Jenny asset. There needs to be a future for the Curtiss Jenny and it needs a climate
controlled environment. It needs to be preserved as long as possible.
Charles Campbell, 3114 Northeast Dr., Ex. Director of Museum of North Texas
History, emphasized the need for a permanent home for the Curtiss Jenny. Displaying
it at the airport terminal is the best idea because it will help the City. Travelers will see
it as they travel and residents will come to visit the terminal which increases business.
Terry Williams, 2302 101" Street, expressed concern about streets and alleys
being repaired that do not need repairing and streets and alleys that need repairing but
are not being repaired. He has a large pothole behind his house that has not been
repaired correctly; it needs to be fixed.
Item 5
Minutes of the October 2, 2012 Council meeting were approved as distributed.
Items 6a—7c
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 Ingle.
Marilyn Scott referred to Item 6a and asked if the $ 422,583 was supposed to be in the 4A
budget.
Mayor Barham clarified that the items on the consent agenda have already been approved
and this is to give the City Manager approval to sign the contracts.
Motion carried by the following:
Ayes: Mayor Barham, Councilors Roberts-Burns, Pope, Hooker, Smith, Ingle and Ward
Nays: None
Item 6a
RESOLUTION NO. 98-2012
Resolution Authorizing The City Manager To Execute Contracts With Selected
Community Service Organizations And With Other Organizations That Promote
The Convention And Tourism Industry For FY 2012-2013, In A Total Amount Of
Approximately $422,583
Item 6b
RESOLUTION NO. 99-2012
Resolution Authorizing The City Manager To Execute A Contract With Work
Services Corporation For Services Provided By Vocationally Handicapped
Persons, In A Total Amount Not To Exceed $83,200
Item 6c
RESOLUTION NO. 100-2012
Resolution Authorizing The City Manager To Execute A Professional Services
Agreement With Biggs And Mathews Environmental, Inc. For Engineering
Services For The City Of Wichita Falls Landfill, In An Amount Of $70,000 For
Basic Services
459
Item 6d
RESOLUTION NO. 101-2012
Resolution Authorizing A Conflict Of Interest Waiver For A City Employee
Qualifying For Various U.S. Department Of Housing And Urban Development
Funded Programs
Items 7a-7c
Minutes of the following boards and commissions were received
(a) Park Board, August 23, 2012
(b)Traffic Safety Commission, September 5, 2012
(c)Wichita Falls Economic Development Corp. (4A), August 17, 2012
Item 8a
A public hearing was held to designate The Mytinger-Richardson House at 2106
Wenonah as a Wichita Falls Landmark.
Mayor declared the public hearing open.
Karen Montgomery-Gagne, Planning Administrator, gave background
information on this Tudor revival home located in the Indian Heights Addition. This
home was built in 1936-1937 and has withstood the past seventy-six years. It has
cultural and historical significance along with architectural craftsmanship for our City.
The homeowners, Johnny and Mary Elizabeth Combs, expressed their joy in
utilizing the library for research purposes for this project and encouraged residents to
do the same.
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
Item 8b
ORDINANCE NO. 60-2012
Ordinance Amending Section 62-5 Of The Code Of Ordinances Of The City Of
Wichita Falls To Designate The Mytinger-Richardson House At 2106 Wenonah
As A Wichita Falls Landmark And Providing For Codification
Moved by Councilor Roberts-Burns that Ordinance No. 60-2012 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Ingle, Roberts-Burns, Pope, Hooker, and Ward
Nays: None
Item 8c
Mayor Barham presented to Mr. and Mrs. Johnny Combs the Wichita Falls Landmark
Medallion and congratulated them. He thanked them for researching and maintaining this
home as a Wichita Falls Landmark.
460
Item 9a
ORDINANCE NO. 61-2012
Ordinance Making An Appropriation To The Special Revenue Fund In The
Amount Of $7,945.10 Received From The U.S. Department Of Homeland
Security 2012 Homeland Security Grant And Authorizing The City Manager To
Execute All Documents Necessary To Accept Said Funds
Moved by Councilor Ingle that Ordinance No. 61-2012 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ingle, Smith, Roberts-Burns, Pope, Hooker, and Ward
Nays: None
Item 9b
ORDINANCE NO. 62-2012
Ordinance Making An Appropriation To The Special Revenue Fund For
Emergency Preparedness In The Amount Of $43,939.41 Received From The
FY 2012 Emergency Management Performance Grant And Authorizing The
City Manager To Execute All Documents Necessary To Accept Said Funds
Moved by Councilor Ward that Ordinance No. 62-2012 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Ingle, Pope, Hooker, and Ward
Nays: None
Item 10a
RESOLUTION NO. 102-2012
Resolution Confirming The Appointment Of Manuel Borrego as Police Chief
For The City Of Wichita Falls
Moved by Councilor Roberts-Burns that Resolution No. 102-2012 be passed.
Motion seconded by Councilor Ward.
City Manager informed the Council of the requirements and extensive research and
process of selecting the Police Chief. He thanked Jim Dockery, Kevin Hugman, Mayor
Barham and Dr. Howard Farrell for their help in the interviewing process. City Manager stated
that Police Chief Borrego will not only be an asset to the City as Chief but to the Country since
he has served over 31 years in the military. Councilor Ingle appreciated City Manager's
method of selecting the best person for the position and the process had integrity; "the cream
did rise to the top".
Motion carried by the following:
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Pope, Hooker, Ingle and Ward
Nays: None
As part of his appointment, Police Chief Borrego was pinned with the appropriate
badge and medals by the Mayor and City Manager.
Chief Borrego accepted the position and committed to the Council that he will do a
good job as Chief of Police. He is grateful to lead this fine Police Department and will make
careful changes and pledges to maintain the Department's fair, professional and ethical status
that serves the community. He thanked his wife and family for their support; he will continue to
pray to the Lord for wisdom as he leads the Police Department.
461
Item 10a continued
Mayor Barham congratulated Chief Borrego and his family for this accomplishment
and commented that the City is happy to have him on board as Police Chief.
A positive comment was made from the audience applauding his service in the church.
City Council recessed at 9:27 a.m. and reconvened at 9:42 a.m.
Item 10b
A proposed resolution was presented authorizing conversion of residential alley
solid waste collection to automated curbside collection in phases over three to four
years.
Moved by Councilor Roberts-Burns that proposed resolution be passed.
Motion seconded by Councilor Ingle.
Moved by Councilor Pope to table the proposed resolution until a survey is conducted
and completed asking alley dumpster customers if they are willing to pay increased fees to
continue their alley service.
Councilor Smith seconded and carried by the following vote:
Ayes: Councilor Roberts-Burns, Councilor Smith, Councilor Pope, Councilor Ward
Nays: Mayor Barham, Councilor Hooker, Councilor Ingle
Item 10c
RESOLUTION NO. 103-2012
Resolution Approving The Joint Funding Agreement For Water Resources
Investigations, Number 13CSTX039000000, With The U.S. Geological Survey
In The Total Amount Of$77,230.00 From The City
Moved by Councilor Roberts-Burns that Resolution No. 103-2012 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Pope, Hooker, Ingle and Ward
Nays: None
Item 10d
RESOLUTION NO. 104-2012
Resolution Approving The Programs And Expenditures Of The Wichita Falls
Economic Development Corporation (WFEDC) And Amending The Budget As
Appropriate To Include Up To $243,980 For the Downtown Travel Center
Project, And Authorizing the City Manager to Execute Documents Providing
For Repayment Of WFEDC Funding From Future Federal Transit
Administration Grant Funds Allocated To This Project
Moved by Councilor Roberts-Burns that Resolution No. 104-2012 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Pope, Hooker, Ingle and Ward
Nays: None
462
Item 10e
RESOLUTION NO. 105-2012
Resolution Approving The Programs And Expenditures Of The Wichita Falls
4B Sales Tax Corporation Board Of Directors To Include Funding Up To
$348,333 For the Downtown Travel Center Project, And Authorizing
Repayment Of 4B Sales Tax Corporation Funding From Future Federal
Transit Administration Grant Funds Allocated To This Project.
Moved by Councilor Smith that Resolution No. 105 -2012 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Pope, Hooker, Ingle and Ward
Nays: None
Item 10f
RESOLUTION NO. 106-2012
Resolution Authorizing City Staff to Apply for Grant Funds Through The Texas
Historical Commission Certified Local Government Program In The Amount Of
$16,500 To Collaboratively Research, Inventory, And Develop An Updated
Historic Preservation Survey & Plan
Moved by Councilor Roberts-Burns that Resolution No. 106 -2012 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Pope, Hooker, Ingle and Ward
Nays: None
Item 10q
RESOLUTION NO. 107-2012
Resolution Authorizing The City Manager To Execute All Documents
Necessary To Grant A 3.07 Acre Permanent Easement And Adjacent
Temporary Construction Easements To Enterprise Crude Pipeline LLC, To
Allow It To Construct, Operate And Maintain A 12" Pipeline Across City
Property In Clay County
Moved by Councilor Roberts-Burns that Resolution No. 107 -2012 be passed.
Motion seconded by Councilor Ward.
City Attorney, Miles Risley, requested an amendment to correct a technical error. The
word "ordained" should be "resolved" in sentence; "Now, Therefore, Be It Ordained By the City
Council Of The City Of Wichita Falls, Texas, That,:
Moved by Councilor Roberts-Burns to amend proposed ordinance by replacing
"ordained" with "resolved". Sentence would read as follows "Now, Therefore, Be It Resolved
By The City Council Of The City Of Wichita Falls, Texas, That"
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Pope, Hooker, Ingle and Ward
Nays: None
Main motion as amended carried by the following vote:
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Pope, Hooker, Ingle and Ward
Nays: None
463
Item 10h
RESOLUTION NO. 108-2012
Resolution Vacating A 15 Foot By 462.95 Foot Utility Easement Consisting Of
0.155 Acres At 3348 Industrial Drive Subject To The Relocation And Dedication
Of A Utility Easement Equal To Or Greater Than The Easement Being Vacated
and Authorizing Execution Of Necessary Documentation For Said Transactions
Moved by Councilor Ingle that Resolution No.108-2012 be passed.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Pope, Hooker, Ingle and Ward
Nays: None
Item 11 a
Fire Chief Earl Foster invited the public to view the two new fire engines on October
17th from 1-4 p.m. at the Central Fire Station. The new fire engines will be housed at Station
2 and Station 8.
Item 11 b
Council members brought up the following matters.
Councilor Annetta Pope:
a) Congratulated Police Chief Borrego on his promotion.
b) Thanked the citizens for voicing their concerns
Councilor Brian Hooker:
a) Congratulated Chief Borrego
Councilor Tim Ingle:
a) Town hall meeting for District 4 is November 8 at Southern Hills
b) Congratulated Police Chief Borrego
c) Would like to rescind the projectile ordinance; he appreciates the hard work
and data collected, however what the citizens' say is important and we serve
them
Councilor Mary Ward:
a) It's a privilege to work with and appreciates the City employees
Councilor: Michael Smith:
a) Looking forward to working with Police Chief Borrego
b) Wichita Clearing Project is going forward
Councilor Dorothy Roberts-Burns:
a) Congratulated Police Chief Borrego
b) The City is doing well to have two ground breaking ceremonies in less than
two weeks.
Mayor Glenn Barham:
a) Kudos to Police Chief Borrego
Item 12
City Council adjourned at 10:25 a.m.
PASSED AND APPROVED this 6t" day of November 2012.
464
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
4_
Dorothy Roberts-Burns,At Large
Michael Smith, Mayor Pro Tern
~r Annetta Pope-Dotson, District 2
r •� �!� Brian Hooker, District 3 °dM
j
Tim Ingle, District 4 '-
T E X A S Mary Ward, District 5
B/tt�Skie,�olde�O���tun�7'ie,. ---
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, October 16, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Pastor Mark Graham
Overcoming Word Praise Center International
(b) Pledge Of Allegiance
3. Proclamation — Helping Hands and Hearts Day
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 October 2, 2012 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
6. Resolutions
(a) Resolution Authorizing The City Manager To Execute #158
Contracts With Selected Community Service
Organizations And With Other Organizations That
Promote The Convention And Tourism Industry for FY
2012-2013, in a total amount of approximately $422,583
(b) Resolution Authorizing The City Manager To Execute A #159
Contract With Work Services Corporation For Services
Provided By Vocationally Handicapped Persons, In A
Total Amount Not To Exceed $83,200
(c) Resolution Authorizing The City Manager To Execute A #160
Professional Services Agreement With Biggs And
Mathews Environmental, Inc. For Engineering Services
For The City Of Wichita Falls Landfill, In An Amount Of
$70,000 For Basic Services
(d) Resolution Authorizing A Conflict Of Interest Waiver For #161
A City Employee Qualifying For Various U.S. Department
Of Housing And Urban Development Funded Programs
7. Receive Minutes
(a) Park Board, August 23, 2012
(b) Traffic Safety Commission, September 5, 2012
(c) Wichita Falls Economic Development Corp. (4A), August 17, 2012
REGULAR AGENDA
8. Landmark Designation
(a) Public Hearing Regarding An Amendment To Section 62-5 Of The
Code Of Ordinances Of The City Of Wichita Falls To Designate The
Mytinger-Richardson House At 2106 Wenonah As A Wichita Falls
Landmark
(b) Ordinance Amending Section 62-5 Of The Code Of #162
Ordinances Of The City Of Wichita Falls To Designate
The Mytinger-Richardson House At 2106 Wenonah As A
Wichita Falls Landmark And Providing For Codification
(c) Presentation of Landmark Medallion - 2106 Wenonah
9. Ordinances
(a) Ordinance Making An Appropriation To The Special #163
Revenue Fund In The Amount Of $7,945.10 Received
From The U.S. Department Of Homeland Security 2012
Homeland Security Grant And Authorizing The City
Manager To Execute All Documents Necessary To
Accept Said Funds
(b) Ordinance Making An Appropriation To The Special #164
Revenue Fund For Emergency Preparedness In The
Amount Of $43,939.41 Received From The FY 2012
Emergency Management Performance Grant And
Authorizing The City Manager To Execute All
Documents Necessary To Accept Said Funds
CITY COUNCIL AGENDA
PAGE 2 OF 5
10. Resolutions
(a) Resolution Confirming The Appointment Of Manuel #165
Borrego as Police Chief For The City Of Wichita Falls
(b) Resolution Authorizing Conversion Of Residential Alley #166
Solid Waste Collection To Automated Curbside
Collection In Phases Over Three To Four Years
(c) Resolution Approving The Joint Funding Agreement For #167
Water Resources Investigations, Number
13CSTX039000000, With The U.S. Geological Survey In
The Total Amount Of $77,230.00 From The City
(d) Resolution Approving The Programs And Expenditures #168
Of The Wichita Falls Economic Development
Corporation (WFEDC) And Amending The Budget As
Appropriate To Include Up To $243,980 For the
Downtown Travel Center Project, And Authorizing the
City Manager To Execute Documents Providing For
Repayment Of WFEDC Funding From Future Federal
Transit Administration Grant Funds Allocated To This
Project
(e) Resolution Approving The Programs And Expenditures #169
Of The Wichita Falls 4B Sales Tax Corporation Board Of
Directors To Include Funding Up To $348,333 For the
Downtown Travel Center Project, And Authorizing
Repayment Of 4B Sales Tax Corporation Funding From
Future Federal Transit Administration Grant Funds
Allocated To This Project
(f) Resolution Authorizing City Staff to Apply for Grant #170
Funds Through The Texas Historical Commission
Certified Local Government Program In The Amount Of
$16,500 To Collaboratively Research, Inventory, And
Develop An Updated Historic Preservation Survey &
Plan
(g) Resolution Authorizing The City Manager To Execute All #171
Documents Necessary To Grant A 3.07 Acre Permanent
Easement And Adjacent Temporary Construction
Easements To Enterprise Crude Pipeline LLC, To Allow
It To Construct, Operate And Maintain A 12" Pipeline
Across City Property In Clay County
CITY COUNCIL AGENDA
PAGE 3 OF 5
(h) Resolution Vacating A 15 Foot By 462.95 Foot Utility #172
Easement Consisting Of 0.155 Acres At 3348 Industrial
Drive Subject To The Relocation And Dedication Of A
Utility Easement Equal To Or Greater Than The
Easement Being Vacated And Authorizing Execution Of
Necessary Documentation For Said Transactions
11. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
12. 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 property for use as and adjacent to
reservoirs owned by the City)
(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 value
of property for use as and adjacent to reservoirs owned by the City)
13. Recess to tour Cypress Water Treatment Plant
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 7tn 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.
CITY COUNCIL AGENDA
PAGE 4 OF 5
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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