Min 11/06/2012 465
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
November 6, 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 David Sapata, Disabled American Veterans, Texas Chapter 41, gave the
invocation.
Item 2b
Disabled American Veterans, Texas Chapter 41 led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed November 2012 as "National Home Care Month" in Wichita
Falls. Robin Moreno, North Texas Home Health Care Partners Administrator, Sheryl
Gilbert, North Texas Home Health Care Clinical Supervisor, and Cheryl Cogdell,
Hospice of Wichita Falls, accepted the proclamation.
Item 3b
Mayor recognized Ms. Belinda Culver, Housing Counselor II, Community
Development/ Housing Division, as Employee of the Month for November 2012. Mayor
presented Ms. Culver with a plaque, a letter of appreciation, restaurant tickets, and a check.
Item 4
Caleb Stade, 20132 FM 1954, Holliday, TX invited everyone to the 4-H performances
at Backdoor Theater Nov, 16, 17, and 18.
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Item 5
Minutes of the October 16, 2012 Council meeting were approved as distributed.
Items 6— 7c
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 Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 6
RESOLUTION NO. 109-2012
Resolution Authorizing The Purchase Of A Tymco Regenerative Air Street
Sweeper From Tymco, Inc., Through The Houston-Galveston Area Council
Cooperative Purchasing Program, In The Amount Of$183,590.00
Items 7a-7c
Minutes of the following boards and commissions were received.
(a).MPO Technical Advisory Committee, July 11, 2012
(b) MPO Transportation Policy Committee, July 25, 2012
(c) Planning and Zoning commission, September 12, 2012
Item 8a
ORDINANCE NO. 63-2012
Ordinance Authorizing The Conveyance Of The Former Fire And Police
Museum, Considered To Be Excess City-Owned Property Located at 1715
Giddings, To C.H. Hall Properties, In The Amount Of$16,995
Moved by Councilor Roberts-Burns that Ordinance 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 8b
ORDINANCE NO. 64-2012
Ordinance Accepting Grant Funds For The Bulletproof Vest Partnership Grant
from the U.S. Department of Justice Bureau of Justice Assistance and Making
An Appropriation In The Special Revenue Fund In The Amount Of$1,198.70
Moved by Councilor Roberts-Burns that Ordinance No. 64-2012 be passed.
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
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Item 8c
ORDINANCE NO. 65-2012
Ordinance Appropriating $28,272 To The Special Revenue Fund For
The Tuberculosis Program Of The Wichita Falls-Wichita County Public Health
District And Authorizing City Staff To Execute All Documents Necessary To
Receive And Administer Said Funds
Moved by Councilor Ward that Ordinance No. 65-2012 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 8d
ORDINANCE NO. 66-2012
Ordinance Designating A Model Rocketry Site In Lake Wichita Park Pursuant
To Section 82-61 Of The Code Of Ordinances
Moved by Councilor Roberts-Burns that Ordinance No. 66-2012 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
RESOLUTION NO. 110-2012
Resolution Authorizing City Staff To Apply For A Texas Transportation
Enhancement Program Grant From The Texas Department Of Transportation
(TxDOT) For Engineering Work Associated With The Rehabilitation Of The
Ohio Street Bridge, In A Requested Amount Of $96,000 From TxDOT, Plus A
20% City Match In An Amount Not To Exceed $24,000
Moved by Councilor Roberts-Burns that Resolution No.110 -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 9b
RESOLUTION NO. 111-2012
Resolution Authorizing City Staff To Apply For A Texas Transportation
Enhancement Program Grant From The Texas Department Of Transportation
(TxDOT) For A Section Of The Circle Trail Project In The Vicinity Of The
Wichita Bluff Open Space Area, In A Requested Amount Of $832,240 From
TxDOT, Plus A 20% City Match In An Amount Not To Exceed $208,060.
Moved by Councilor Roberts-Burns that Resolution No. 111-2012 be passed.
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
468
Item 9c
RESOLUTION NO. 112-2012
Resolution Authorizing The City Manager To Execute A Five-Year Agreement
With American Medical Response Ambulance Service, Inc. For Ambulance
Service In Wichita Falls
Moved by Councilor Smith that Resolution No.112 -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
City Council recessed at 9:20 a.m. and reconvened at 9:35 a.m.
Items 9d
RESOLUTION NO. 113-2012
Resolution Authorizing Expenditure By The City of Wichita Falls Police Department
From The Seized Funds Account In The Amount Of$18,676.75 For The Procurement
Of Various Items Not Included In The FY 2012 / 2013 General Fund Budget.
Moved by Councilor Roberts-Burns that Resolution No. 113-2012 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 9e
RESOLUTION NO. 114-2012
Resolution Authorizing The Purchase Of A Landfill Compactor Through The
Buy Board Purchasing Cooperative From Warren Cat In The Amount Of
$1,088,205
Moved by Councilor Smith that Resolution No. 114-2012 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 10a
Kent Lemasters, General Manager AmusementAquatic Management Group, Inc.
provided a 2012 Operating Season Wrap Up Report on Castaway Cove. A copy of this report
is on file in the Office of the City Clerk.
Item 10b
Council members brought up the following matters.
Councilor Roberts-Burns:
a)Vote today
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Item 10b continued
Councilor Ward:
a) Mentioned an incident where a citizen had been stung by bees twelve times; what
can be done? Health Director informed that the Health Department has names of local
bee keepers and citizen would have to contact them for information.
Councilor Ingle:
a) Asked for the time frame of Drought Contingency Stage 3. Public Works Director
informed that it would probably be in the spring.
b) Invited everyone to attend the Nov. 8, Town Hall Meeting at Fain School.
Councilor Michael Smith:
a) If you have not voted, vote today; open until 7 p.m.
b) Asked if City fees were being maintained up to date. Do not want to wait ten years
before they are reviewed. City Manager assured that staff was keeping up with
fees.
Councilor Pope:
a) Thanked Larry Krugle and his staff for all they have done repairing streets.
b) What is dumpster survey deadline? Public Works Director informed that all the
surveys are out; the deadline is November 12, 2012.
c) Vote; your vote does count.
Mayor Glenn Barham:
a) Exercise your right to vote. Vote your conscience.
Item 12
City Council went into Executive Session at 10:40 a.m. in accordance with Texas
Government Code § 551.071, § 551.072, § and § 551.087.
City Council reconvened at 12:17 p.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 13
City Council adjourned at 12:22 p.m.
PASSED AND APPROVED this 201" day of November 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 Tem
Annetta Pope-Dotson, District 2
Brian Hooker, District 3
S Tim Ingle, District 4
T e x A s Mary Ward, District 5
�/er�Skles Cto/den Oyyortunrtfef
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, November 6, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Chaplain Perfecto Sevilla
Disabled American Veterans, Texas Chapter 41
(b) Pledge Of Allegiance Disabled American Veterans, Texas Chapter 41
3. Presentations
(a) Proclamation — National Home Care Month, North Texas Home Health
(b) Employee of the Month — Belinda Culver, Housing
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 16, 2012 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
6. Resolution Authorizing The Purchase Of A Tymco #173
Regenerative Air Street Sweeper From Tymco, Incorporated
Through The Houston -Galveston Area Council Cooperative
Purchasing Program, In The Amount Of$183,590.00
7. Receive Minutes
(a) MPO — Technical Advisory Committee, July 11, 2012
(b) MPO — Transportation Policy Committee, July 25, 2012
(c) Planning & Zoning Commission, September 12, 2012
REGULAR AGENDA
8. Ordinances
(a) Ordinance Authorizing The Conveyance Of The Former #174
Fire And Police Museum Considered To Be Excess City
Owned Property Located at 1715 Giddings To C.H. Hall
Properties, In The Amount Of$16,995
(b) Ordinance Accepting Grant Funds For The Bulletproof #175
Vest Partnership Grant from the U.S. Department of
Justice Bureau of Justice Assistance and Making An
Appropriation In The Special Revenue Fund In The
Amount Of$1,198.70
(c) Ordinance Appropriating $28,272 To The Special #176
Revenue Fund For The Tuberculosis Program Of The
Wichita Falls-Wichita County Public Health District
(d) Ordinance designating a Model Rocketry Site in Lake #177
Wichita Park pursuant to Section 82-61 of the Code of
Ordinances
9. Resolutions
(a) Resolution Authorizing City Staff To Apply For A Texas #178
Transportation Enhancement Program Grant From The
Texas Department Of Transportation For Engineering
Work Associated With The Rehabilitation Of The Ohio
Street Bridge, In A Requested Amount Of $96,000 From
TxDOT, Plus A 20% City Match In An Amount Not To
Exceed $24,000
(b) Resolution Authorizing City Staff To Apply For A Texas #179
Transportation Enhancement Program Grant From The
Texas Department Of Transportation For A Section Of
The Circle Trail Project In The Vicinity Of The Wichita
Bluff Open Space Area, In A Requested Amount Of
$832,240 From TxDOT, Plus A 20% City Match In An
Amount Not To Exceed $208,060
(c) Resolution Authorizing The City Manager To Execute A #180
Five-Year Agreement With American Medical Response
Ambulance Service, Inc. For Ambulance Service In
Wichita Falls.
CITY COUNCIL AGENDA
PAGE 2 OF 4
(d) Resolution Authorizing Expenditure By The City of #181
Wichita Falls Police Department From The Seized Funds
Account In The Amount Of $18,676.75 For The
Procurement Of Various Items Not Included In The FY
2012 / 2013 General Fund Budget
(e) Resolution Authorizing The Purchase Of A Landfill #182
Compactor Through The Buy Board Purchasing
Cooperative From Warren Cat In The Amount Of
$1,088,205.00
10. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. Executive Sessions:
(a) Executive Session in accordance with Texas Government Code
§551.071, 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, economic development, and property
rights purchased for purposes of tree and brush removal)
(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
and property rights purchased for purposes of tree and brush
removal)
(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
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 update).
CITY COUNCIL AGENDA
PAGE 3 OF 4
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 6th Street
entrance nearest the Council chambers. There are additional handicapped parking
spaces and ramp on 711 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
PAGE 4 OF 4
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, At Large '
--amfth�• Michael Smith, Mayor Pro Tern
Annetta Pope-Dotson, District 2 a"
Brian Hooker, District 3
9d ,,Tim Ingle, District 4 - _
T e x A s Mary Ward, District 5 °r ,
B/cr�Skies Clo/denOyy�r'tunitles
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, November 6, 2012 Beginning At 8:30
A.M.
10. Other Council Matters
(a) Staff Council Discussion
Update on Castaway Cove
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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