Min 11/20/2012 470
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
November 20, 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
Councilor District 2 Annetta Pope gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
Amy Cox, 2414 Clayton, PTA President of West Foundation Elementary School,
expressed concern about the traffic situations at Wellington and Barnett Road; she
suggested a flashing school zone light at that intersection.
John Burrus, Director of Aviation, Traffic, Transportation will look into that.
Scott Gaston, 5945 Kiel Lane, asked about the number of employees that had
been hired in Code Enforcement, and how they determine Code violations. Assistant
City Manager Kevin Hugman provided information on new employees hired, employees
promoted, and actual number of employees in Code Enforcement. City Manager
informed that Code violations are complaint driven, of which approximately 5,000-7,000
complaints are received monthly. Mr. Gaston was offered a list of those reports,
however he declined.
Item 4
Minutes of the November 6, 2012 Council meeting were approved as
distributed.
471
Items 5- 5a
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 Smith and carried by the following:
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 5a
Minutes of the October 3, 2012 Traffic Safety Commission were received.
Item 6a
A public hearing was held to discuss leasing approximately 2,800 square feet of
space In Weeks Park to Dallas MTA, L.P., D/B/A Verizon Wireless for a Stealth Cellular
Tower.
Mayor declared the public hearing open.
City Attorney informed that a public hearing is required by the Texas Parks and
Wildlife Code; the required notice has been published. This public hearing is for
consideration of a proposed lease of space in Weeks Park to Dallas MTA, L.P., D/B/A
Verizon Wireless for a stealth cellular tower, which will be disguised as a park entrance
monument.
David Franks, Dallas MTA, L.P., 1418 Travis Circle North, Irving, TX, thanked
the Council for their consideration.
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
Item 6b
ORDINANCE NO. 67-2012
Ordinance Authorizing The City Manager To Lease Approximately 2,800
Square Feet Of Space In Weeks Park Next To The Weeks Park Tennis Center
At 4101 Weeks Park Lane, To Dallas MTA, L.P., D/B/A Verizon Wireless For
A Stealth Cellular Tower, To Be Disguised As A Park Entrance Monument,
Specifying That This Property Is Subject To The Publication, Notice, And
Public Hearing Provisions Of Texas Parks And Wildlife Code § 26.001, Et.
Seq. In Lieu Of Public Notice And Other Provisions Of Appendix B Of The
Code Of Ordinances Of The City Of Wichita Falls, In Accordance With Section
1025 Thereof; Providing Specifications For The Appearance Of Said Tower;
Providing For Severability; And Declaring An Emergency
Moved by Councilor Roberts-Burns that Ordinance No. 67-2012 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
Item 7a
A Public Hearing was held to consider a franchise application from Texhoma
Transportation, dba Skylark Taxi, to renew their taxicab franchise.
Mayor declared the public hearing open.
472
Item 7a continued
Director of Aviation, Traffic, & Transportation John Burrus provided information
on Skylark's application for renewal of their taxi franchise.
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
Item 7b
ORDINANCE NO. 68-2012
Ordinance Granting a Franchise Renewal for a Taxicab Service To Texhoma
Transportation dba Skylark Taxi
Moved by Councilor Ward that Ordinance No. 68-2012 be passed granting a
franchise renewal for a taxicab service to Texhoma Transportation dba Skylark
Taxi.
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 8
ORDINANCE NO. 69-2012
Ordinance Authorizing The City Manager To Execute A Pipeline Agreement
With Atmos Pipeline — Texas Authorizing Said Company To Maintain A 10",
8", 4" Natural Gas Pipeline Across Reilly Road, Nashua Drive, Merry Lane,
Rama Drive, And Katherine Drive, And Providing For Said Pipeline To Provide
Natural Gas Transmission Service To Howmet At 6200 Central Freeway North
And PPG At 7400 Central Freeway North
Moved by Councilor Ingle that Ordinance No. 69-2012 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 9a
RESOLUTION NO. 115-2012
Resolution Awarding Bid For The 2013 Crack Seal Project (CWF13-100-03) To
Scodeller Construction, in An Estimated Amount of$94,032.00
Moved by Councilor Roberts-Burns that Resolution No.115-2012 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
473
Item 9b
RESOLUTION NO. 116-2012
Resolution Authorizing The City Manager To Enter Into An Agreement With
Trinity-Hughes/Sundt Joint Venture For Construction Manager At Risk Services
Related To The Wichita Falls Municipal Airport Terminal Area Project, With An
Estimated Construction Cost Of $20,000,000, And Delegating Evaluation
Authority To The City Manager To The Maximum Extent Authorized By Texas
Gov't Code § 2267.053
Moved by Councilor Ward that Resolution 116-2012 be passed.
Motion seconded by Councilor Smith.
Rodney Martin, 1309 Grant, expressed appreciation to the Council.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
City Council recessed at 9:05 a.m. and reconvened at 9:25 a.m.
Item 9c
RESOLUTION NO. 117-2012
Resolution Authorizing The City Manager To Execute an Interlocal
Cooperation Agreement with Midwestern State University for Public Safety
and Municipal Court Services
Moved by Councilor Ward that Resolution No. 117-2012 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 9d
RESOLUTION NO. 118-2012
Resolution Authorizing The City Manager To Execute All Documents
Necessary To Purchase 50 Mobile and 50 Portable 800MHz Radios From
Dailey-Wells Communications, Inc. Through The Texas Department Of
Information Resources State Purchasing Cooperative In The Amount Of
$398,875
Moved by Councilor Roberts-Burns that Resolution No. 118-2012 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
474
Item 9e
RESOLUTION NO. 119-2012
Resolution Authorizing The Purchase Of Toro Groundsmaster Mowers Through
The BuyBoard Purchasing Cooperative From Professional Turf Products, In
The Amount Of$253,803.10.
Moved by Councilor Roberts-Burns that Resolution No. 119-2012 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 9f
RESOLUTION NO. 120-2012
Resolution Approving The Wichita River Flood Control Clearing Project
Description And Authorizing The City Manager To Negotiate Execute All
Documents Related To Said Project Including Contracts With Landowners In A
Maximum Total Amount That Does Not Exceed The Amount Of Funds
Allocated To The Project In The City's Current Budget
Moved by Councilor Smith that Resolution No. 120-2012 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
There were no staff reports.
Item 10b
Council members brought up the following matters.
Councilor Annetta Pope:
a. Wished everyone a Happy Thanksgiving; no drinking and driving.
Councilor: Michael Smith:
a. Wants to have a plan for watering trees when we go to Drought Stage 3.
b. Positive comments regarding the changes at Callfield and Lawrence Road
intersection; he thinks it will flow much better during the holiday season.
c. Saw on the national news a segment on "distracted driving by police officers.
Chief Borrego commented that they are putting some training on officers driving
safely and distraction. That is one of the training provided to officers. We have
had a good track record but we are watching out for that.
d. Thanked Public Works Director and staff on the flood project
e. Happy Thanksgiving to everyone; be safe.
Councilor Tim Ingle:
a. Striping on Brook and Kell Blvd. needs to be addressed
b. Expressed frustration with the continued letters/emails from citizens regarding the
dumpster issues and funding, however no one mentions the money saved from the
reduction of the nine positions which will be a long term benefit. In the future we
need to get that information out to the public. City Manager commented that
customers are aware but they want to make their point that they do not like it. We
will continue responding to the emails and letters. He pointed out that out of 10,000
475
Item 10b continued
customers we receive ten letters/emails; need to put that into perspective. Public
Works Director mentioned the numerous ways they have constantly communicated
with the public, only other way would have been to send out a letter at the
beginning and do the survey.
Councilor Mary Ward:
a. Received a letter from a citizen saying that she loves the dumpsters but the smell
is very bad.
b. Have a safe and happy Thanksgiving
Councilor Dorothy Roberts-Burns:
a. Thanked Public Works Director for the work being done on the river; it is long
overdue.
b. Happy Thanksgiving.
Mayor Glenn Barham:
a. Legal and Police Department need to review the UPS holiday ordinance, where
they have their golf carts on the street, during the holiday season. Also contact
UPS and remind them about this ordinance.
b. City Lights Parade was a big success and it was very well attended; good time,
c. great show. Look forward to next year's parade.
d. Prior to the City Lights Parade, he attended the two 4-H performances at Backdoor
Theater and they were good shows.
d. Happy Thanksgiving and drive safe.
Public Works Director reminded everyone of the holiday trash pickup schedule during
this week.
Items 11 a -11 b
City Council went into Executive Session at 10:00 a.m. in accordance to Texas
Government Code Section 551.071 and Section 551.087.
City Council reconvened at 11:54 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 12
City Council adjourned at 12:00 p.m.
PASSED AND APPROVED this 4t" day of December 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
w� Annetta Pope-Dotson, District 2
• // Brian Hooker, District 3
�C
[� Ttnr. S W� Q �( Tim Ingle, District 4
T e x A 5 Mary Ward, District 5
P>/ar�Sk/es C�ldertO��ottun�ries `- -
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 20, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation:
(b) Pledge Of Allegiance
3. 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.
4. Approval Of Minutes Of The November 6, 2012 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
5. Receive Minutes of Traffic Safety Commission, October 3, 2012
REGULAR AGENDA
6. (a) Public Hearing For Ordinance Authorizing The City Manager To
Lease Approximately 2,800 Square Feet Of Space In Weeks Park Next
To The Weeks Park Tennis Center At 4101 Weeks Park Lane, To
Dallas MTA, L.P., D/B/A Verizon Wireless For A Stealth Cellular
Tower, To Be Disguised As A Park Entrance Monument
(b) Ordinance Authorizing The City Manager To Lease #183
Approximately 2,800 Square Feet Of Space In Weeks
Park Next To The Weeks Park Tennis Center At 4101
Weeks Park Lane, To Dallas MTA, L.P, Specifying That
This Property Is Subject To Texas Parks And Wildlife
Code In Lieu Of Provisions Of The Code Of Ordinances,
Providing Specifications For The Appearance Of Said
Tower; Providing For Severability; And Declaring An
Emergency
7. (a) Public Hearing On Request From Texhoma Transportation, dba
Skylark Taxi Taxi, For A Taxicab Franchise Renewal
(b) Ordinance Granting Or Refusing a Franchise Renewal #184
for a Taxicab Service To Texhoma Transportation
Incorporated dba Skylark Taxi
8. Ordinance Authorizing The City Manager To Execute A #185
Pipeline Agreement With Atmos Pipeline — Texas Authorizing
Said Company To Maintain A 10", 8", 4" Natural Gas Pipeline
Across Reilly Road, Nashua Driver, Merry Lane, Rama Drive,
And Katherine Drive, And Providing For Said Pipeline To
Provide Natural Gas Transmission Service To Howmet At 6200
Central Freeway North And PPG At 7400 Central Freeway
North
9. Resolutions
(a) Resolution Awarding Bid and Contract For The 2013 #186
Crack Seal Project (CWF13-100-03) To Scodeller
Construction, in An Estimated Amount of$94,032.00
(b) Resolution Authorizing The City Manager To Enter Into #187
An Agreement With Trinity-Hughes/Sundt Joint Venture
For Construction Manager At Risk Services Related To
The Wichita Falls Municipal Airport Terminal Area
Project, With An Estimated Construction Cost Of
$20,000,000, And Delegating Evaluation Authority To
The City Manager To The Maximum Extent Authorized
By Texas Gov't Code § 2267.053
CITY COUNCIL AGENDA
PAGE 2 OF 4
(c) Resolution Authorizing The City Manager To Execute an #188
Interlocal Cooperation Agreement with Midwestern State
University for Public Safety and Municipal Court
Services
(d) Resolution Authorizing The City Manager To Execute All #189
Documents Necessary To Purchase 50 Mobile and 50
Portable 800MHz Radios From Dailey-Wells
Communications, Inc Through The Texas Department Of
Information Resources State Purchasing Cooperative In
The Amount Of Approximately $398,875
(e) Resolution Authorizing The Purchase Of Various Size #190
Toro Mowers Through The BuyBoard Purchasing
Cooperative From Professional Turf Products In The
Amount Of$253,803.10
(f) Resolution Approving The Wichita River Flood Control #191
Clearing Project And Authorizing The City Manager To
Execute All Documents Related to Said Project
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 economic development, recycling,
warehousing & distribution and administrative back office support
operations)
(b) 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 related to recycling, warehousing & distribution and
administrative back office support operations).
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 7'h 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