Min 12/04/2012 476
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
December 4, 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
Captain Gregory Shannon, Commander, Salvation Army, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Cynthia Laney, Downtown Wichita Falls Development Organization, gave a
report on the 2012 Farmers Market Season. She reported that they had an excellent
season; had numerous events downtown with great attendance. Work on downtown
vision is ongoing; expansion of Farmers Market is one area, as well as minimal repairs,
such as replacement of transformers. Some ideas for next year are additional vendors
at Farmers Market such as fresh flowers, plants, specialty breads. Also, a community
garden is under consideration.
Item 3b
Mayor recognized Mr. Kinley Hegglund, Senior Assistant City Attorney, Legal
Department, as Employee of the Month for December 2012. Mayor presented Mr. Hegglund
with a plaque, a letter of appreciation, restaurant tickets, and a check.
Item 4
Joseph Caterine, 1304 (rear) Kemp, invited Council to participate in a local
financial stability initiative. Recent data from the Office of the Texas Consumer Credit
Commissioner has revealed that Wichita County has one of the highest densities of
payday and auto loans in the State. We are asking you as local representatives to
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Item 4 continued
participate because these stores as well as other services like check cashing outlets
and pawn shops exploit the disadvantages of local consumers and stall the growth of
the local economy by increasing debt and reducing spending power. The North Texas
Area United Way believes this trend can be redirected. A national survey conducted by
the FDIC showed that the main reason people choose these alternative financial
services over banking is convenience. A meeting was coordinated with financial
institutions and government representatives; and a steering committee has been
created to explore ways to make formal banking a more convenient choice for local
consumers. We ask that you consider joining this initiative because local government
representatives have been the key to launching these types of programs; you give a
voice and raise awareness about these problems and products that we will hopefully
develop to address them.
Item 5a
Minutes of the November 20, 2012 Council meeting were approved as
distributed.
Items 6a-6c
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 Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Items 6a-6c
Minutes of the following boards and commissions were received.
(a) Zoning Board of Adjustment, July 18, 2012.
(b) Animal Shelter Advisory Committee, August 10, 2012.
(c) Planning and Zoning Commission, October 10, 2012.
Item 7a
ORDINANCE NO. 70-2012
Ordinance Amending Subsections (1) Through (6) Of Section 90-126 Of
The Code Of Ordinances Of The City Of Wichita Falls, To Modify Solid
Waste Collection Rates, And Providing For Codification
Moved by Councilor Roberts-Burns that Ordinance No. 70-2012 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 7b
ORDINANCE NO. 71-2012
Ordinance Making A $50,000 Appropriation From Kickapoo Airport Equity
Funds For Purposes Of Constructing A Self-Service Fueling Facility At
Kickapoo Downtown Airport For The 2012/2013 Budget Year
Moved by Councilor Roberts-Burns that Ordinance No. 71-2012 be passed.
478
Item 7b continued
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 8a
RESOLUTION NO. 121-2012
Resolution Approving An Agreement Under The Meet And Confer
Process To Alter The Hiring Process For The Wichita Falls Fire
Department
Moved by Councilor Ward that Resolution No. 121-2012 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
RESOLUTION NO. 122-2012
Resolution Authorizing The City Manager To Apply For A Texas
Department Of Transportation Coordinated Call For Projects Grant In The
Amount Of $203,557 For The Wichita Falls Downtown Travel Center
Project
Moved by Councilor Roberts-Burns that Resolution No. 122-2012 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 8c
RESOLUTION NO. 123-2012
Resolution Confirming Appointments To The Firefighters' And Police
Officers' Civil Service Commission
Moved by Councilor Smith that Resolution No. 123-2012 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 9a
There were no staff reports.
479
Item 9b
Council members brought up the following matters.
Councilor Ingle:
a) The original challenge for the landfill was to find the money for the landfill and we
still have to find that money somewhere. I would have liked to have had that
debate in October and gotten through some of these issues and put them to rest,
instead it has just festered. He has received bold faced emails and he sees it as
an "us vs. them" communication. The project was presented well, but even so it did
not reach everyone and we should have sent out enough information no matter the
cost. We had 3500 citizens respond "no" and that is a significant number and I am
glad they responded, but am not happy with the communication effort of it. Another
issue is that the dumpsters do not afford us any recycling capability and I believe
they are being abused. Other complaints are that their dumpsters are full because
people come and dumpster dump on them. The dumpster system, some like it and
it is convenient for certain areas. There are other things we could have done to
work it out but it just blew up. I do not like that now people are upset and have
different perceptions. I want us to work better on communications, realizing that it
is a two-way communication. I know staff does what they can, but when that many
citizens get upset we either did not present our case right or something. As good
as we think we are communicating we communicated bad enough that 3500
people said "no".
Councilor Smith:
a) City website has been updated and has increased the usability. He invited
everyone to go on the City website and give their ideas/concerns. The Chamber of
Commerce website has also been updated, as well as Convention Visitors Bureau
website.
b) On the dumpster situation, you just cannot get the word out to everyone and not
everyone wants to hear. Sometimes citizens do not want to get involved until
towards the end. He encouraged citizens to keep themselves involved. I think the
system worked and staff did a good job of notifying everyone involved. Appreciate
what staff and citizens have done.
Councilor Pope:
a) Thanked citizens who participated in the alley dumpster survey/project.
b) Asked for information on the stray animal ordinance, chained dogs, and what
citizens can do. Health Director Lou Kreidler informed that regarding stray dogs,
citizens can call animal control. We have requirements on chained dogs in an
ordinance and it is in line with State law, such as length of chain, amount of time on
the chain, etc., however parts of ordinance are unenforceable. Citizens can call if
concerned about a dog that is chained.
Mayor Barham:
a) Alley dumpster rate increase is to raise that $302,000 that we would have saved
had we converted to curbside trash pick-up. We are not losing money but will add
those funds to Sanitation Enterprise Fund for long term projects.
Item 10a-10c
City Council went into Executive Session at 9:43 a.m. in accordance with Texas
Government Code Sections 551.071, 551.087, and 551.074.
City Council reconvened at 11:10 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 11
Moved by Councilor Smith that Mr. Dave Clark be appointed to the 4B Sales
Tax Corporation Board, Place 7, with term to expire July 31, 2013
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
480
Item 11 continued
Moved by Councilor Ingle that the Mr. Gary Diehm, Place 1, Mr. Chad Hughes, Place
2, and Mrs. Amy Bobrowitz, Place 3, be reappointed to the Airport Board of Adjustment with
terms to expire December 31, 2014.
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
Moved by Councilor Smith that the Mr. Andy Lee, Place 1, Mr. Mike Koen, Place 6,
and Mrs. Stacie Flood, Place 9, be reappointed to the Landmark Commission with terms to
expire December 31, 2015; and that Mr. Jackie William Lebow, Jr. be appointed to Place 8,
with term to expire December 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 Ward that the Mr. John Kidwell, Place 4, Mr. R.C. Taylor, Place 8,
be reappointed to the Planning and Zoning Commission with terms to expire December 31,
2014; and that Mr. Jeff Browning be appointed to Place 1 and Mr. Stephen M. Anderson to
Place 6, with terms to expire December 31, 2014; and that Mr. James Wingo be appointed to
Place 10 as Alternate 1, and Mr. Robert Riddle be appointed to Place 11 as Alternate 2, with
terms to expire December 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 Smith that Mr. Ben Filer, Place 3 be reappointed to the Tax
Increment Financing District, Reinvestment Zone#2 with the term to expire December 31,
2014.
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
Moved by Councilor Roberts-Burns that Mrs. Gail Natale be appointed to Place 1 of
the Tax Increment Financing District, Reinvestment Zone #3 with term to expire December 31,
2014; and that Mr. Kenneth Haney, Place 4, be reappointed with term to expire December 31,
2014; and that Mr. Haney be reappointed as Chair with term as Chair to expire December 31,
2013.
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
481
Item 11 continued
Moved by Councilor Ingle that Mr. Jose Garcia, Place 2, Mr. David Lane, Place 6 and
Mr. Tyson Traw, Place 9, be reappointed to the Zoning Board of Adjustment, with terms to
expire December 31, 2014; and that Mr. Robert Riddle be appointed to Place 7, and Mr. Scott
Stillson be appointed to Place 8, with terms to expire December 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 Smith that Mrs. Katrena Mitchell, Place 3, be reappointed to the
Animal Shelter Advisory Committee with term to expire December 31, 2013; and that Dr. Holly
Hoffman be appointed to Place 2 and Mrs. Jan Herzog be appointed to Place 5, with terms to
expire December 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
Moved by Councilor Ingle that Mr. Hans-Peter Schuele, Place 6, be reappointed to the
Aviation Advisory Board with term to expire December 31, 2015; and that Mr. Steven Young
be appointed to Place 4 and Mr. James Wingo be appointed to Place 5, with terms to expire
December 31, 2015.
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
Moved by Councilor Pope that Mrs. Jacqueline L. Cuevas be appointed to Place 4 of
the Library Advisory Board with term to expire July 31, 2014.
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
Moved by Councilor Ingle that Mr. Rick Hatcher, Place 4, and Mr. Michael Latham,
Place 5, be reappointed to the MPEC Advisory Board, with the terms to expire December 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 Hooker that Mrs. Nancy Heath Howell, Place 5, and Mr. Mike
Rucker, Place 7, be reappointed to the Park Board with terms to expire December 31, 2015;
and that Mr. Walter Lambert be appointed to Place 2 and Mrs. April Bevington be appointed to
Place 4 with terms to expire December 31, 2015.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
482
Item 11 continued
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Moved by Councilor Ingle that Mr. Raudel Gonzalez, Place 12 and Mr. Phillip Golden,
Place 14 be appointed to the Traffic Safety Commission, with terms to expire December 31,
2015.
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
Moved by Councilor Ingle that Mr. Arnold Oliver, Place 2, and Mr. Kerry Maroney, Sr.,
Place 6, be reappointed to the Water Resources Commission, with terms to expire December
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
Moved by Councilor Ingle that Mrs. Jane Leach be appointed to Place 2, and Dr. Mike
Lamar be appointed to Place 6 of the Wichita County/City of Wichita Falls Health Board, with
terms to expire December 31, 2014.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 12
City Council adjourned at 11:31 a.m.
PASSED AND APPROVED this 181" 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 jl l
Michael Smith, Mayor Pro Tern
~� Annetta Pope-Dotson, District 2
• t. /� Brian Hooker, District 3
VS .. =
N R Tim Ingle, District 4 -i
��•tttt TEXAS Mary Ward, District 5
S/u�Sk1e.l?n/den O��v�'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, December 4, 2012 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Captain Gregory Shannon, Commander
Salvation Army
(b) Pledge Of Allegiance
3. Presentations
(a) Report on 2012 Farmers Market Season -- Cynthia Laney, DWFD
(b) Employee of the Month — Kinley Hegglund, City Attorney's Office
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 November 20, 2012 Regular Meeting Of The Mayor
And City Council
CONSENT AGENDA
6. Receive Minutes
(a) Zoning Board of Adjustment, July 18, 2012
(b) Animal Shelter Advisory Committee, August 10, 2012
(c) Planning & Zoning Commission, October 10, 2012
REGULAR AGENDA
7. Ordinances
(a) Ordinance Amending Subsections (1) through (6) of #192
Section 90-126 of the Code of Ordinances of the City of
Wichita Falls, to modify Solid Waste Collection Rates,
And Providing For Codification
(b) Ordinance Making An Appropriation From Kickapoo #193
Airport Equity Funds For Purposes Of Constructing A
Self-Service Fueling Facility At Kickapoo Downtown
Airport For The 2012/2013 Budget Year
8. Resolutions
(a) Resolution Approving An Agreement Under The Meet #194
And Confer Process To Alter The Hiring Process For
The Wichita Falls Fire Department
(b) Resolution Authorizing the City Manager to Apply for a #195
Texas Department of Transportation Coordinated Call
for Projects Grant in the Amount of $203,557 for the
Wichita Falls Downtown Travel Center Project
(c) Resolution Confirming Re-Appointments To The #196
Firefighters' And Police Officers' Civil Service
Commission
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 electricity generation facilities).
CITY COUNCIL AGENDA
PAGE 2OF4
(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, electricity
generation facilities).
(c) 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 Members Of The Following
Boards And Commissions:
• 4B Sales Tax Corporation
• Airport Board of Adjustment
• Civil Service Commission (Resolution)
• Landmark Commission
• Planning & Zoning Commission
• Tax Increment Financing #2
• Tax Increment Financing #3
• Zoning Board of Adjustment
11. Open Session To Consider Appointments To The Following Boards And
Commissions:
• 4B Sales Tax Corporation
• Airport Board of Adjustment
• Landmark Commission
• Planning & Zoning Commission
• Tax Increment Financing #2
• Tax Increment Financing #3
• Zoning Board of Adjustment
• Animal Shelter Advisory Board
• Aviation Advisory Board
• Library Board
• MPEC Advisory Board
• Park Board
• Traffic Safety Commission
• Water Resources Commission
• Wichita County/City of Wichita Falls Health Board
12. Adjourn
CITY COUNCIL AGENDA
PAGE 3 OF 4
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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