Min 11/05/2013
CITY COUNCIL MINUTES
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CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
November 5, 2013
Item 1 - Call to Order
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
Tim Ingle - Councilors
Ben Hoover
Annetta Dotson -
Brian Hooker -
Michael Smith - Absent
Mary Ward - Absent
Darron Leiker - City Manager
Miles Risley - City Attorney
Tracy Norr - City Clerk
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Mayor Barham called the meeting to order.
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Item 2a - Invocation
Chaplain David Sapata, Disabled American Veterans, Texas Chapter 41, gave the invocation.
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Item 2b - Pledge of Allegiance
The Disabled American Veterans, Texas Chapter 41, led in the Pledge of Allegiance.
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Item 3a – Presentation – Proclamation – National Home Care Month
Mayor Barham read a proclamation establishing November 2013 as National Home Care and
Hospice Month.
Robin Merino, North Texas Home Health, said home health is one of the venues where health
care dollars can wisely be used.
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Item 3b – Presentation – Proclamation – National Radiologic Technology Week
Mayor Barham read a proclamation establishing November 3-9, 2013 as National Radiologic
Technology Week.
Christopher Wertz said radiologic technicians and therapists are an integral part of the medical
community.
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Item 3d – Presentation – Proclamation – Community Garden Day
Mayor Barham read a proclamation establishing November 5, 2013 as Community Garden Day.
Arthur Bea Williams thanked the city for participating in this project which was the result of the
2007 flood. She said plots will be available for everybody and she hopes additional vacant lots will be
donated.
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Item 3e – Presentation – Employee of the Month – Janna Starbuck
Mayor Barham recognized Janna Starbuck, Utility Collections, as Employee of the Month for
November 2013. He presented a plaque, a letter of appreciation, restaurant tickets, and a check to Ms.
Starbuck and thanked her for her service.
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Item 4 - Comments from the Public to Members of the City Council Concerning Items That
Are Not on the City Council Agenda.
Mike Kaspar, 3002 Cumberland Avenue, asked about the path the water reuse pipeline will take.
He also said there is drug activity in his area and he has talked to the police chief about it.
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Item 5 - Approval of Minutes of the October 15, 2013 Regular Meeting of the Mayor and City
Council
Minutes of the October 15, 2013 City Council Meeting were approved as distributed.
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Item 6a – 7g – Consent Items
City Manager Darron Leiker 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 Hoover and carried by the following vote:
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Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, and Ingle.
Nays: None
Item 6a – Council Bill #179
RESOLUTION NO. 115-2013
Resolution Awarding Bid For The 2014 Crack Seal Project (CWF14-100-04)
To Kuntz Contracting, In An Estimated Amount Of $100,240.00
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Item 6b – Council Bill #180
RESOLUTION NO. 116-2013
Resolution Authorizing The City Manager To Execute A Contract With
Work Services Corporation For Services Provided By Vocationally Handicapped Persons,
In A Total Amount Not To Exceed $83,200
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Item 6c – Council Bill #181
RESOLUTION NO. 117-2013
Resolution Authorizing A Conflict Of Interest Waiver For A City Employee In
The City’s Department Of Public Works (Streets Division) Qualifying For
Various U.S. Department Of Housing And Urban Development Funded Programs
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Item 7a- 7g
Minutes of the following boards and commissions were received.
(a) Firefighters and Police Officers’ Civil Service Commission, February 25, 2013
(b) Planning and Zoning Commission, August 14, 2013
(c) 4A Wichita Falls Economic Development Corporation, September 10, 2013
(d) Planning and Zoning Commission, September 11, 2013
(e) Planning and Zoning Commission, September 18, 2013
(f) Zoning Board of Adjustment, September 18, 2013
(g) Landmark Commission, September 24, 2013
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Item 8– Council Bill #182
ORDINANCE NO. 63-2013
Ordinance Amending Article II of Chapter 34 of the Code of Ordinances of
the City of Wichita Falls to Add Section 34-31 Thereto to Add a Collection Fee for
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Cases That Are More Than 60 Days Past Due; Authorizing the City
Manager to Execute a Contract with Perdue, Brandon, Fielder, Collins & Mott, L.L.P.
for Collection of Municipal Court Fines, Fees, and Court Costs; and
Providing for Codification of Section 34-31
Moved by Councilor Hooker that Ordinance No. 63-2013 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, and Ingle.
Nays: None
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Item 9a – Council Bill #183
RESOLUTION NO. 118-2013
Resolution Approving New Lake Rules and Regulations for City of Wichita
Falls Property at Lake Arrowhead and Lake Kickapoo and
Providing City Manager Authority in Relation Thereto
Moved by Councilor Ingle that Resolution No. 118-2013 be passed.
Motion seconded by Councilor Dotson.
Richard Byers, 9419 Highway 2606 (Lake Arrowhead) said he was on the committee and represents
the Lake Arrowhead Association. He invited anyone at the lake to join the association. He said the committee
gave the city their concerns and requests. He expressed appreciation for what the city has done and the
willingness of the staff to work with the lease holders. He said he understands the leases will be more in the
future. He asked about the city’s future vision for the lake. He asked that the council be diligent in looking at
the leases. He said the rules and regulations have many fees in there. He added that neighbors are turned
against in enforcement of the rules. Clay County is not willing to help.
Chad Taylor, 388 Pawnee Trail, expressed concern about fees for leaseholders pumping water out of
the lake. He said the property owners don’t have to pay the fee. Pat Hoffman said property owners do pay
some fees and the intention was to charge the fee to all.
Bill Combs, 114 Oneida Trail (Lake Arrowhead), said he has a number of concerns about the rules.
He said most of the concerns are with the old rules. He addressed six areas and suggested forming a work
group to address the concerns. He said he is organizing a clean-up at the lake and invited everyone to come
help.
Martha Hall, 5325 FM 2606 (Lake Arrowhead), has been told that they have nothing to say because
they have been de-annexed. She said she is worried about the future for the leases. She said she is the
treasurer of the volunteer fire department and is concerned about funding. She suggested considering funding
the fire department and emergency services in the future leases. She also said she feels the fee for pumping
from the lake is too high.
The motion carried by the following vote:
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, and Ingle.
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Nays: None
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Item 9b – Council Bill #184
RESOLUTION NO. 119-2013
Resolution Au thorizing the City Manager to Execute an Interlocal Cooperation
Agreement Between the City of Wichita Falls and Lakeside City for the
Management of Private Use of Bed of Lake Wichita; Adopting Relevant Fees, and
Repealing the Encroachment Policy Regarding the Boundary of Lake Wichita and
Adjacent Surrounding Property Owned by the City of Wichita Falls
Moved by Councilor Ingle that Resolution No. 119-2013 be passed.
Motion seconded by Councilor Hoover and carried by the following vote.
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, and Ingle.
Nays: None
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Item 9c – Council Bill #185
RESOLUTION NO. 120-2013
Resolution Approving Change Order No. 1 to the Temporary Water Reuse
Conveyance Facilities Project (CWF13-550-16) to Provide for Piping and
Modifications at the Cypress Water Treatment Plant at an Increased Cost of
$362,600
Moved by Councilor Hoover that Resolution No. 120-2013 be passed.
Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, and Ingle.
Nays: None
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Item 9d – Council Bill #186
RESOLUTION NO. 121-2013
Resolution Awarding Bid for the 2014 Budget Utility Improvement Project
(CWF14-550-03) to Bowles Construction Co. in an Amount of $723,173.80
Moved by Councilor Ingle that Resolution No. 121-2013 be passed.
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Motion seconded by Councilor Hooker and carried by the following vote.
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, and Ingle.
Nays: None
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Item 9e – Council Bill #187
RESOLUTION NO. 122-2013
Resolution Authorizing the City Manager to Approve Amendment 1 to Work Order
No. 25 to the City’s Agreement for Professional Services with URS Corporation to
Modify the Scope of Services for Professional Services Associated with the
Wichita Falls Regional Airport Terminal Area Project, in an Additional Amount Of
$229,388
Moved by Councilor Hoover that Resolution No. 122-2013 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, and Ingle.
Nays: None
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Item 10a – Staff Council Discussion
John Burrus updated the council on the airport construction project. He said 56% of the
construction piers have been poured. The basement floor has been poured. They are working on
retaining walls and the pier work will continue. The construction companies have worked professionally
through several problems. Landscaping has been removed from the project due to the drought.
Additional roadwork will be done. The project should be finished by Thanksgiving of 2014.
Russell Schrieber said the Lake Ringgold Reservoir Feasibility Report is now complete. Simone
Kiel, representing Freese and Nichols, was present to review the findings. She said the study began in
1957 for Wichita Falls water and again in 1958 for water for Tarr ant County District. In the 1960’s, the
city decided to go with the creation of Lake Arrowhead. In the 1970’s, the project was again evaluated
and the city began purchasing property within the reservoir footprint. In 2007 an assessment study was
done and the Lake Ringgold was designated as a unique reservoir designation. That designation
expires in 2015. The current study was a joint effort between the city and Tarrant Regional Water
District. The scope of work included hydraulics and conceptual dam design, environmental review, and
an updated cost estimate. The dam configuration and site layout were presented. Several conflicts,
including roadways, were noted. The project yield, environmental review, threatened and endangered
species, and archeological potential were reviewed. Project costs were estimated to be $228.5 million.
In summary, the lake is a viable project. She said the time frame is 15-20 years once the permit process
is initiated. Mayor Barham said he thinks staff needs to proceed with developing the project. City
Manager Leiker said a staff presentation will be made at an upcoming meeting.
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Walter Kane, 3101 Cumberland, asked what the cost on the water bill would be in the lake is built.
Mayor Barham said the city would have to partner with someone for the project. Without help he
expected the water bills would double.
Debra Clark, 578 North Bryan Evert Road, said a portion of the lake covers a portion of her ranch.
She expressed appreciation for the report but said the human impact was not addressed. She also
questioned the property values used for the property acquisition estimate. She also questioned the
hydrology of adding another lake in the same watershed where there are already two lakes. Mayor
Barham said there is additional watershed. Ms. Clark also said there is literature about the
ineffectiveness of surface water for urban needs.
Arnold Oliver, 2408 Merrimac Drive, asked if it would be possible to get copies of the report to the
Water Resource Commission prior to further council action.
Russell Shrieber gave an update on Drought Stage 4 restrictions. He said lake capacity is at 30.3
percent, and stage 4 restrictions begin at 30 percent. He reviewed the changes for stage 4 drought
restrictions, particularly noting there will be no outside irrigation with city water. He noted the surcharge
rates will triple. He said the water conservation restrictions are effective.
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Item 10b – Discussion of Items of Concern to Members of the City Council
Members of the City Council presented the following matters:
Councilor Ingle said he received e-mails about people not being able to use a credit card with the
city. City Manager Leiker said it is possible for most accounts. Jim Dockery said commercial accounts
cannot use credit cards because of the service charge.
Mayor Barham thanked the representatives from Freeze and Nichols.
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Item 11 – Executive Session
City Council went into Executive Session at 11:44 a.m. in accordance with Texas Government
Code §551.071, §551.072, and §551.074.
City Council reconvened at 12:06 p.m.
The Mayor announced that no polls or votes were taken during Executive Session.
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Item 12 – Appointments to the following boards and commissions:
Zoning Board of Adjustments
Moved by Councilor Hoover to appoint Steve Lane to the Zoning Board of Adjustments, with a
term to expire December 31, 2014.
Motion seconded by Councilor Dotson and carried by the following vote.
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Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, and Ingle.
Nays: None
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Item 13 - Adjourn
City Council adjourned at 12:07 a.m.
PASSED AND APPROVED this 19th day of November, 2013.
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Glenn Barham, Mayor
ATTEST:
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Tracy B. Norr, MMC, City Clerk