Min 02/19/2013 15
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
February 19, 2013
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
Myrna Marks - Deputy City Clerk
Mayor Barham called the meeting to order.
Item 2a
Councilor Annetta Pope, District 2, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Marlon Price, Texas Police Chief Association Representative congratulated and
recognized the Wichita Falls Police Department for their accreditation by Texas Best Practices
Commission with a presentation to Chief Borrego. After accepting the recognition, Chief Borrego
presented it to the Mayor and City Manager.
Item 3b
Mayor proclaimed February 19, 2013 as "Youth Leadership Day in Wichita Falls." One student
representing the three high schools accepted the proclamation as they participated in government day.
Item 4
Nathaniel Blank, 310 Rockwood Dr., expressed concern about remarks made in the
January 151" Council meeting by Councilor Smith and Mayor Barham. He was disturbed by the
candid attitude toward eminent domain. He asked the Council and the City to consider the role of
government in our lives and what role do we want government to have. The Mayor commented
that the issue of eminent domain is looked at by the State legislature yearly; it is not an easy
process nor is it considered lightly and taken seriously in addressing private property.
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Item 4 continued
Marilyn Scott, 2404 Polk Street, thanked the Council for their vote in keeping the
dumpsters and opined that the water rules and issues facing the citizens should be amended to
be fairer to the citizens and placed as priority instead of other items which are non essentials
compared to the citizens needing water.
Item 5
Minutes of the February 5, 2013 Council meeting were approved as distributed.
Items 6a-7b
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 Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 6a
RESOLUTION NO. 13-2013
Resolution Awarding the Bid For The City's Estimated Annual Requirement Of Class S,
Curb & Gutter, And Class C-C, Ready Mix To OK Concrete In The Amount Of
$241,725.00; And For Class A Ready Mix And Flowable Fill To Pitts Ready Mix In The
Amount Of$67,800.00
Item 6b
RESOLUTION NO. 14-2013
Resolution Awarding Bid For Roll-Out Refuse And Yard Waste Carts To Cascade
Engineering In The Amount Of$114,929.50.
Items 7a-7b
Minutes of the following boards and commissions were received.
(a) Wichita Falls Economic Development Corp., (4A), November 30, 2012
(b) Landmark Commission, November 11, 2012
Item 8a
Ordinance No. 08-2013
Ordinance Authorizing The Issuance And Sale Of City Of Wichita Falls, Texas
Combination Tax And Revenue Certificates Of Obligation, Series 2013 (Amt); Levying
An Annual Ad Valorem Tax And Providing For The Security For And Payment Of Such
Certificates; Approving An Official Statement; Declaring An Emergency; Declaring An
Effective Date; And Authorizing And Enacting Other Matters And Provisions Relating
To The Subject
Moved by Councilor Roberts-Burns that Ordinance No. 08 -2013. be passed.
Motion seconded by Councilor Smith.
Murphy Davis, City's Financial Advisor informed that the City's rating is a high rating at AA2
through Moody's. The average yield will be 3.13 % on 20 years for the Airport Bonds, on average
$1,360,000.
Marilyn Scott, 2404 Polk, asked how this was going to be paid. City Manager explained that
since the debt service is lower than originally planned; the City's estimated budget will use Federal
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Item 8a continued
Aviation Grants (750,000/year); Airport Operating funds (325,000 yearly); 4A & 4B budgets and
General Budget at approximately 140,000/year.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
Item 8b
Ordinance No. 09-2013
Authorizing The Issuance Of City Of Wichita Falls, Texas General Obligation
Refunding Bonds, Series 2013; Establishing Procedures And Delegating Authority
For The Sale And Delivery Of The Bonds; Levying An Annual Ad Valorem Tax And
Providing For The Security For And Payment Of Such Bonds, Declaring An
Emergency; Declaring An Effective Date And Authorizing And Enacting Other
Matters And Provisions Relating To The Subject
Moved by Councilor Ward that Ordinance No.09-2013. be passed.
Motion seconded by Councilor Smith carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
City Council recessed at 9:28 a.m. and reconvened at 10:00 a.m.
Item 8c
ORDINANCE NO. 10-2013
Ordinance Amending Sections 110-27, 110-32, 110-55, and 110-117 Of The Code Of
Ordinances of the City of Wichita Falls To Modify The Regulation Of Vehicles For Hire;
Providing A Penalty Of Up To $500 Upon Conviction; And Providing for Codification
Moved by Councilor Roberts-Burns that Ordinance No.10 -2013 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. 15-2013
Resolution Authorizing The City Manager To Execute A Five-Year Towing And Impound
Service Contract and Commercial Lease For Property At 3101 Armory Road With Jody
Wade Enterprises, LLC and Collins Motor Company, LLC.
Moved by Councilor Roberts-Burns that Resolution No. 15-2013 be passed.
Motion seconded by Councilor Ward.
Police Chief Borrego explained that they have storage issues with vehicles, crowded personnel
area and issues in the evidence and property area.
The following persons spoke against allowing this ordinance.
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Item 9a continued
Robert Mitchell, 2144 Ave E, stated that in February he came before Council regarding what the
court had determined as illegal activity without probable cause by Big Daddy's Donnie's Wrecker
Service which is owned by Jody Wade. He requested that Council review before making a decision with
a business that does not have "clean hands".
Ricardo Cantu, 1403 301" St., expressed concern about the contract not being clear and that is
how they bid. There was a lack of communication regarding the bids. This proposal will put other wrecker
companies out of business. He asked that Council allow some time to discuss this; he asked them to think
about this and do the right thing; do not put other companies out of business and create a monopoly.
Al Palmatary, 5300 Summit Drive, agreed with Mr. Cantu. He was not aware Mr. Wade would get
the wrecks and impound vehicles. He asked the Council to continue with the rotation system.
Daniel Bell, 300 East, Burkburnett, has no affiliation with any wrecker service. He believes this
whole contract situation is unfair to independent wrecker services.
John Vasquez, 4542 Wendover, spoke in favor of the ordinance.
Marilyn Scott, 2404 Polk, agrees with Mr. Mitchell and Mr. Palmatary.
Jody Wade, 7712 Hwy 79, informed how his proposal will work and the benefits.
George Beverly, Jr., 5601 Central Freeway does not feel that neither the selection board nor the
ones who contacted the tow businesses gave them enough time to react.
Mike Freeman, 145 S. Huntington Lane, stated that this will hurt his business. He is unaware of
fighting between wrecker companies.
Johnnie Freeman, 145 S. Huntington Lane was unaware that the contract covered wrecks and
impound vehicles and asked the Council to keep them on rotation for wrecks.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker and Ward.
Nays: Councilor Ingle
Item 9b
RESOLUTION NO. 16-2013
Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic
Development Corporation (WFEDC) And Amending The Budget As Appropriate To
Include Up To $216,000 For the Nocona Transport, Inc. Retention Project
Moved by Councilor Roberts-Burns that Resolution No. 16-2013 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Marilyn Scott, 2404 Polk, is concerned about sales tax monies going into private companies, the
lack of accountability of job creation or retention. Mayor took issue with her statement and commented
that the projects done by the 4A and 4B are worthy projects supported by this and previous Councils.
Mrs. Scott asked what and where is Nocona Transport? Jeff Lawrence, CEO of Nocona
Transport, responded that they are located in Wichita Falls but began in Nocona. They transport real
high end audio video and trade show materials.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward
Nays: None
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Item 9c
RESOLUTION NO. 17-2013
Resolution Awarding Bid For The Purchase Of Six 1/2-Ton Pickups To Wichita Falls Ford
Lincoln Mercury In The Amount Of$91,346.58
Moved by Councilor Ingle that Resolution No.17 -2013 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 9d
RESOLUTION NO. 18-2013
Resolution Authorizing The Purchase Of A Slope Mower From Kut Kwick Corporation, In
The Amount Of$57,824.00
Moved by Councilor Roberts-Burns that Resolution No.18 -2013 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 9e
RESOLUTION NO. 19-2013
Resolution To Approve Change Order No. 3 For The Phase I Parking Lot/Entry Road Project At
Wichita Falls Municipal Airport, which will to provide additional utility work and paving and
increase the price of the project from $4,544,852.80 to $4,695,658.80 (90% paid by FAA)
Moved by Councilor Roberts-Burns that Resolution No.19 -2013 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 11:40 a.m. and reconvened at 12 p.m. Councilor Hooker did not return
to City Council meeting from the recess.
Item 10a.
John Burrus, Director of Transportation, gave a presentation on Transit Oriented Development
(TOD) which is a mixed-use residential and commercial area designed to maximize access to public
transportation with a potential to positively impact economic development through the use of Federal
Transit dollars and often encourages features to influence transit ridership.
Item 10b
Council members brought up the following matters:
Item 10b continued
20
Councilor Pope:
a) Thanked everyone who is getting involved in the City.
Councilor Smith:
a) Appreciates the good efforts of the Communication Department; the call volume in January
handled was 10568.
b) Pray for rain.
Councilor Roberts-Burns:
a) Congratulations to the Police Department, outstanding job.
b) Pray for rain.
Councilor Ingle:
a) Congratulated Chief of Police & Department for the Best Practices Award.
b) Inquiry about readings and surcharges of water meters
c) Asks Mayor to consider an initiative to develop and explore a veteran retiree commission
Councilor Ward:
a) Excited about the possibility that something could be done for Sheppard.
Mayor Barham:
a) Congratulations to the Police Department. It's hard work for this accreditation.
Item 12
Moved by Councilor Smith that Kay Story be appointed to the Library Advisory Board,
Place 8, 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, Ingle, and Ward
Nays: None
Item 13
City Council adjourned at 12:38 p.m.
PASSED AND APPROVED this 51" day of March 2013.
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 Tem .
Annetta Pope-Dotson, District 2
• Brian Hooker, District 3
Tim Ingle, District 4
TEXAS Mary Ward, District 5
V
B/ts�Skies Gf�/de�Oyyo�tun�tie, - -
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, February 19, 2013 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Pastor Kile Bateman
Evangel Temple
(b) Pledge Of Allegiance
3. Presentations — Recognition of Wichita Falls Police Department by Texas Best
Practices Commission
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 February 5, 2013 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
6. Resolutions
(a) Resolution Awarding the Bid For The City's Estimated # 21
Annual Requirement Of Class S, Curb & Gutter, And
Class C-C, Ready Mix To OK Concrete In The Amount Of
$241,725.00; And For Class A Ready Mix And Flowable
Fill To Pitts Ready Mix In The Amount Of$67,800.00
CITY COUNCIL AGENDA
PAGE 1 OF 4
(b) Resolution Awarding Bid For The Purchase Of Roll-Out # 22
Refuse And Yard Waste Carts To Cascade Engineering
In The Amount Of$114,929.50.
7. Receive Minutes
(a) Wichita Falls Economic Development Corp., (4A), November 30, 2012
(b) Landmark Commission, November 11, 2012
REGULAR AGENDA
8. Ordinances
(a) Ordinance Authorizing The Issuance And Sale Of City Of #23
Wichita Falls, Texas Combination Tax And Revenue
Certificates Of Obligation, Series 2013 (Amt); Levying
An Annual Ad Valorem Tax And Providing For The
Security For And Payment Of Such Certificates;
Approving An Official Statement; Declaring An
Emergency; Declaring An Effective Date; And
Authorizing And Enacting Other Matters And Provisions
Relating To The Subject
(b) Ordinance Authorizing The Issuance Of City Of Wichita #24
Falls, Texas General Obligation Refunding Bonds,
Series 2013; Establishing Procedures And Delegating
Authority For The Sale And Delivery Of The Bonds;
Levying An Annual Ad Valorem Tax And Providing For
The Security For And Payment Of Such Bonds,
Declaring An Emergency; Declaring An Effective Date
And Authorizing And Enacting Other Matters And
Provisions Relating To The Subject
(c) Ordinance Amending Sections 110-27, 110-32, 110-55, #25
and 110-117 Of The Code Of Ordinances of the City of
Wichita Falls To Modify The Regulation Of Vehicles For
Hire; Providing A Penalty Of Up To $500 Upon
Conviction; And Providing for Codification
9. Resolutions
(a) Resolution Authorizing The City Manager To Execute A #26
Five-Year Towing And Impound Service Contract For
Property At 3101 Armory Road With Jody Wade
Enterprises, LLC and Collins Motor Company, LLC
CITY COUNCIL AGENDA
PAGE 2OF4
(b) Resolution Approving The Programs And Expenditures #27
Of The Wichita Falls Economic Development
Corporation (WFEDC) And Amending The Budget As
Appropriate To Include Up To $216,000 For the Nocona
Transport, Inc. Retention Project
(c) Resolution Awarding Bid For The Purchase Of Six #28
1/2-Ton Pickups To Wichita Falls Ford Lincoln Mercury In
The Amount Of$91,346.58
(d) Resolution Authorizing The Purchase Of A Slope Mower #29
From Kut Kwick Corporation, In The Amount Of
$57,824.00
(e) Resolution To Approve Change Order No. 3 For The #30
Phase I Parking Lot/Entry Road Project At Wichita Falls
Municipal Airport, which will to provide additional utility
work and paving and increase the price of the project
from $4,544,852.80 to $4,695,658.80 (90% paid by FAA)
10. Other Council Matters
(a) Staff Council Discussion
• Transit Oriented Development
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. Executive Sessions:
12. Open Session To Consider Appointments To The Following Boards And
Commissions:
• Library Advisory Board
13. 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 3 OF 4
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
2013 at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
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