Min 12/18/2012 483
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
December 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 -
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Mayor Barham gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Sue Brown, 4215 Rivercrest, is the spokesperson for the Rivercrest Park
Addition residents. She expressed concerns and objections about dumping of waste
and debris in their neighborhood, specifically the 1400-4200 blocks on Rivercrest.
Dumping is being done by companies and individuals and has been going on since
2002. Since they are disposing of their waste it would be considered a commercial
dumping ground. We thought it was against the law to dump inside the City limits.
Dumping occurs every day, and heavy equipment was running to level the debris
during the night. We have registered complaints over the years to Code Enforcement
and the Police Department. Our streets are ruined because of the heavy equipment;
noise level is disturbing; we worry about the little children playing outside; and the dust
from all this dumping is bad for breathing. We have no sidewalks so we have to walk
on the streets and one day she was walking her dog and was almost run over by one of
the dump trucks. When will this stop for good? No one should have to live with this
type of mess in their neighborhood. She referenced the noise ordinance, noting that
this ordinance hits home.
Mayor commented that staff is checking into this, and referred her to Assistant
City Manager Kevin Hugman to discuss this with her.
Chief Manuel Borrego, expressed appreciation to the Mayor, City Council, City
Manager, and past Councils for their support of City employees who are also citizen
warriors. We have been a nation at war for over a decade and no longer is
commitment for guard reserve just one weekend a month and two weeks annual
training; it is 12-15 months deployment overseas state side mobilizations. There have
484
Item 3a continued
been a lot of City employees who have done this in support of Operation Iraqi Freedom
or during Freedom Afghanistan. It has been an impact on the City when they are gone
and I want to thank you for allowing these citizen warriors to do this for many years.
After Chief Borrego got out of the Marines he joined the Police Department in 1982 and
in 1984 he joined the Guard and Reserve; he will be retiring from the Guard at the end
of this month. He thanked the Council for allowing him to serve our country as a citizen
warrior for the City for over 28 years. As one of his last official acts he presented the
Mayor and City Manager one of his battalion coins which he gives his soldiers for
excellence.
Item 4
Minutes of the December 4, 2012 Council meeting were approved as
distributed.
Items 5a— 5c
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Smith that the Consent Agenda be approved.
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
Items 5a-5c
Minutes of the following boards and commissions were received.
(a) Civil Service Commission, August 24, 2012
(b) Park Board, September 27, 2012
(c)Wichita Falls Economic Development Corp. (4A), October 5, 2012
Item 6a
ORDINANCE NO. 72-2012
Ordinance Amending The 2011-12 Budget In Various Funds As Part Of The
2011-12 Fiscal Year End Closing Process.
Moved by Councilor Roberts-Burns that Ordinance No. 72-2012 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 6b
ORDINANCE NO. 73-2012
Ordinance Making A $452,626 Appropriation From Municipal Airport Equity
Funds For Local Matching Purposes For Phase I Entry Road/Parking Lot
Construction At Wichita Falls Municipal Airport For The 2012/2013 Budget Year
Moved by Councilor Ward that Ordinance No. 73-2012 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
485
Item 6b continued
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 7a
RESOLUTION NO. 124-2012
Resolution Approving The Transfer Of Various Aged Receivable Accounts To
Dormant Status As Part Of The City's Fiscal Year End Closing Process and
Authorize Collection Activities Thereon
Moved by Councilor Roberts-Burns that Resolution No. 124-2012 be passed.
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 7b
RESOLUTION NO. 125-2012
Resolution Authorizing The City Manager To Execute A Work Order /
Professional Services Agreement With URS Corporation To Provide Detail
Design Services For The New Passenger Terminal Building And Associated
Improvements To Be Constructed At Wichita Falls Municipal Airport In The
Amount Of$1,259,800
Moved by Councilor Ward that Resolution No. 125-2012 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 7c
RESOLUTION NO. 126-2012
Resolution Authorizing The City Manager To Execute a Municipal Maintenance
Agreement With The Texas Department Of Transportation For Maintenance Of
State Rights-Of-Way Inside The Incorporated Boundary Of The City Of Wichita
Falls
Moved by Councilor Roberts-Burns that Resolution No. 126-2012 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
City Council recessed at 9:20 a.m. and reconvened at 9:35 a.m.
486
Item 7d
RESOLUTION NO. 127-2012
Resolution Approving The Programs And Expenditures Of The Wichita Falls
Economic Development Corporation (WFEDC) And Amending The Budget As
Appropriate To Include Up To $196,750 For Tobol Industries, LLC
Moved by Councilor Ingle that Resolution No. 127-2012 be passed.
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 7e
RESOLUTION NO. 128-2012
Resolution Approving The Programs And Expenditures Of The Wichita Falls
Economic Development Corporation (WFEDC) And Amending The Budget As
Appropriate To Include Up To $820,000 For Health Care Services Corporation
Moved by Councilor Roberts-Burns that Resolution No. 128-2012 be passed.
Motion seconded by Councilor Smith.
Marilyn Scott, 2404 Polk, spoke against this resolution mentioning various reasons.
Councilor Smith called for the question.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Items 7f
Resolution No. 129-2012
Resolution Directing The Publication Of Notice Of Intention To Issue
Combination Tax And Revenue Certificates Of Obligation
Moved by Councilor Roberts-Burns that Resolution No. 129-2012 be passed.
Motion seconded by Councilor Ingle.
Murphy Davis, City's Financial Consultant, provided information regarding the City's
financing issues relating to this issue.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 8a
There were no Staff reports.
487
Item 8b
Council members brought up the following matters.
Councilor Pope:
a) Wished everyone a Merry Christmas and Happy New Year; be safe
Councilor Smith:
a) Merry Christmas and Happy New Year; stay safe
Councilor Ingle:
a) Merry Christmas; He thanked the 801"Wing for the General's reception on Sunday
Councilor Ward:
a) Merry Christmas and Happy New Year. It was a great reception for the new
General. SAFB appreciates what Wichita Falls does for them.
Councilor Roberts-Burns:
a) Merry Christmas and let's remember the families in Connecticut.
Mayor Barham:
a) Merry Christmas and be safe as you go out and celebrate with your families.
Items 9a-9b
There was no Executive Session.
Item 10
City Council adjourned at 10:35 a.m.
PASSED AND APPROVED this 15th day of January 2013.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns,At Large 4.
Michael Smith, Mayor Pro Tern
Annetta Pope-Dotson, District 2
�� !/ Brian Hooker, District 3 °ter c
�( �EX,'
5
�( Tim Ingle, District 4
r A s Mary Ward, District 5
-
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 18, 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 December 4, 2012 Regular Meeting Of The
Mayor And City Council
CONSENT AGENDA
5. Receive Minutes
(a) Civil Service Commission, August 24, 2012
(b) Park Board, September 27, 2012
(c) Wichita Falls Economic Development Corp. (4A), October 5, 2012
REGULAR AGENDA
6. Ordinances
(a) Ordinance Amending The 2011-12 Budget In Various #197
Funds As Part Of The 2011-12 Fiscal Year End Closing
Process
(b) Ordinance Making A $452,626 Appropriation From #198
Municipal Airport Equity Funds For Local Matching
Purposes For Phase I Entry Road/Parking Lot
Construction At Wichita Falls Municipal Airport For The
2012/2013 Budget Year
7. Resolutions
(a) Resolution Approving The Transfer Of Various Aged #199
Receivable Accounts To Dormant Status As Part Of The
City's Fiscal Year End Closing Process and Authorize
Collection Activities Thereon
(b) Resolution Authorizing The City Manager To Execute A #200
Work Order / Professional Services Agreement With
URS Corporation to provide Detail Design services for a
new passenger terminal building and associated
improvements to be constructed at Wichita Falls
Municipal Airport, in the amount of$1,259,800
(c) Resolution Authorizing The City Manager To Execute a #201
Municipal Maintenance Agreement With The Texas
Department Of Transportation For Maintenance Of The
State Right Of Ways Inside The Incorporated Boundary
Of The City Of Wichita Falls
(d) Resolution Approving The Programs And Expenditures #202
Of The Wichita Falls Economic Development
Corporation (WFEDC) And Amending The Budget As
Appropriate To Include Up To $196,750 For Tobol
Industries, LLC
(e) Resolution Approving The Programs And Expenditures #203
Of The Wichita Falls Economic Development
Corporation (WFEDC) And Amending The Budget As
Appropriate To Include Up To $820,000 For Health Care
Services Corporation
8. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
9. 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, electricity
generation facilities, 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 electricity generation facilities, recycling,
warehousing & distribution and administrative back office support
operations).
10. 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.
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
CITY COUNCIL AGENDA
PAGE 3 OF 4
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 ..
Michael Smith, Mayor Pro Tern
~r Annetta Pope-Dotson, District 2
• �!� Brian Hooker, District 3 ° c
j 5 �.�.d
>/C l a A Tim Ingle, District 4
T E X A S Mary Ward, District 5
B/u�Skie,Ct�1d�O��vttun�7`ie� --
Darron Leiker, City Manager
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
SUPPLEMENTAL NOTICE OF ADDITIONAL ITEM
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 18, 2012 Beginning At 8:30 A.M.
Item # Bill #
7.
(f) Resolution Directing The Publication Of Notice Of #204
Intention To Issue Combination Tax And Revenue
Certificates Of Obligation
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 SUPPLEMENT
PAGE 2 OF 2