Min 04/15/2014
CITY COUNCIL MINUTES
April 15, 2014
Page 1
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
April 15, 2014
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
Ben Hoover - Councilors
Annetta Dotson -
Brian Hooker -
Michael Smith -
Mary Ward -
Tim Ingle -
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
Misha Kurko, minister of the Faith Village Church of Christ, gave the invocation.
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Item 2b - Pledge of Allegiance
Mayor Barham led in the Pledge of Allegiance.
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Item 3a – Presentation – Falls Fest 2013
Tonya Gilling, representative of the Wichita Falls Junior League, presented a check for
the city’s portion of the proceeds from last year’s Falls Fest. She also presented a poster from
the activity. Mayor Barham complimented the organization for the work they do, noting that last
year the event was moved due to weather but will be at Lucy Park again this year.
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April 15, 2014
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Item 3b – Proclamation – Cancer Awareness Month
Mayor Barham read a proclamation establishing April 2014 as Cancer Awareness Month
in Wichita Falls. Laura McKeckney invited participation in Relay for Life in June. She said this is
a fund-raiser for cancer research as well as to honor cancer survivors.
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Item 3c – Proclamation – National Telecommunicator Week
Mayor Barham recognized the Wichita Falls Police Department communications section.
He noted he started his police career as a dispatcher. He then read a proclamation establishing
April 13-19, 2014 as Public Safety Telecommunicator Week in Wichita Falls.
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Item 3d – Presentation – American Ambulance Association’s National Star of Life Award
Mayor Barham read a proclamation recognizing Nicholas Long as the recipient of the
National Star of Life Award and establishing April 14, 2014 as Nicholas Long Star of Life Day in
Wichita Falls.
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Item 3e – Presentation – Comprehensive Annual Financial Report
Jim Dockery said the Comprehensive Annual Financial Report was available. He
introduced Paul Fleming of Edgin, Parkman, Fleming & Fleming, PC. Mr. Fleming said the
result of the audit was reviewed with the audit finance committee. It complies with state and
federal laws and there were no significant findings. There were no issues with the finances
presented by the finance staff and the audit received the award for excellence in financial
reporting. He thanked the staff for their help.
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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.
Donna Bradford, 1636 Hamlin, said the shed in question is a house that was platted to
her property four years ago. She was given 90 days for su bstantial completion. She did a lot of
work but did not have money to complete the project. She was given notice that the structure is
to be demolished on April 23. The pictures in the notice are not current. She explained the
work that has been done. She said she can now afford to finish the work and will have it done
before summer if the property is removed from the demolition list. Kevin Hugman said the
condition of the house is in worse condition than when the list was prepared four years ago. He
noted the demolition packet has not been presented to the council. He noted that council
authorization is needed to issue another restoration permit. Darron Leiker said this item will be
placed on the next agenda for council action.
Bonnie Murray, 1013 Roosevelt, accused the animal control and director of public health
of corruption. She said her animals are trained to protect her due to health issues. After
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April 15, 2014
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appearing at a council meeting, she meet with the city manager for five minutes and feels she
was not fairly heard. She requested a meeting with the city manager’s supervisor. Mayor
Barham said he would meet with her. Mr. Leiker said he has a full transcript of the meeting
which lasted more than five minutes.
Danny Glenn, 6705 Kit Carson, said he has crews hauling water and providing services
for the citizens of Wichita Falls. He said they are watering trees and shrubbery. People are
concerned about getting the water. He said he hears that the water from River Oaks will not be
available on May 1. He asked where water will be available if they cannot get effluent. He
asked if the city is going to shut down Castaway Cove. Mayor Barham said the water will not be
turned off until TCEQ approves the reuse project. After that, all effluent wi ll be going to the
reuse project.
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Item 5 – 6c – Consent Items
City Manager Darrin Leiker 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 Hoover, Dotson, Hooker, Smith, Ingle, and Ward.
Nays: None
Item 5 - Approval of Minutes of the April 1, 2014 Regular Meeting of the Mayor and City
Council
Item 6 – Receive Minutes
Minutes of the following boards and commissions were received:
(a) Tax Increment Financing Board, January 31, 2012
(b) Traffic Safety Commission, January 15, 2014
(c) Traffic Safety Commission, March 5, 2014
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Item 7a – Ordinance #15-2014
ORDINANCE NO. 15-2014
Ordinance Making an Appropriation to the Special Revenue Fund for Environmental
Health Services in the Amount of $20,000 from the Association of Food and Drug
Officials to Support the Implementation and Ongoing Cost of a Public Health Information
System and Data Collection and Analysis of Food Borne Disease Risk Factors and
Authorizing the City Manager to Execute a Contract Accepting Said Grant
Moved by Councilor Hoover that Ordinance No. 15-2014 be passed.
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April 15, 2014
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Motion seconded by Councilor Hooker and carried by the following vote:
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Ward, Ingle, and Smith.
Nays: None
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Item 7b – Ordinance #16-2014
ORDINANCE NO. 16-2014
Ordinance Making an Appropriation to the Special Revenue Fund for a Preparedness and
Community Prevention Grant in the Amount of $7,825 Received from the Texas
Department of State Health Services and Authorizing the City Manager to Execute a
Contract Accepting Said Grant
Moved by Councilor Ingle that Ordinance No. 16-2014 be passed.
Motion seconded by Councilor Dotson and carried by the following vote:
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Ward, Ingle, and Smith.
Nays: None
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Item 7c – Ordinance #17-2014
ORDINANCE NO. 17-2014
Ordinance Amending Sections 106-185 and 106-186 of the Code of Ordinances of the
City of Wichita Falls to Establish Modified Water Conservation Drought Contingency
Rules; Providing a Penalty Not to Exceed $2,000 per Violation; Providing for Codification;
Declaring an Emergency; and Declaring an Immediate Effective Date
Moved by Councilor Dotson that Ordinance No. 17-2014 be passed.
Motion seconded by Councilor Smith.
Public Works Director Russell Schreiber gave an overview of the ordinance and the
restrictions it puts into place.
Katherine Smith, 2411A Lou Lane, asked if the units for surcharge could be lowered.
Mr. Schreiber the average homeowner was using 10 units, but that has come down to about 7
or 8 units. He also noted that the block rate structure in the billing system also works with the
10 units.
Paul Buckingham, 2817 Barrywood Drive, asked the council to consider giving portable
spas the same designation as indoor swimming pools. He said the average tub used about 300
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April 15, 2014
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gallons of water and that water can be reused for up to 12 months. He said portable spas do
not evaporate water and are generally covered.
Chuck Bradley, 3 Villa Court, said he has not problems with the two-day restrictions on
car washes. He said the hours are a concern for self-service car washes.
Jim Cadotte, 2609 Cherokee, thanked the council for meeting with those in the carwash
industry. He discussed water usage at car washes and the effect the restrictions would have on
the industry. He asked for continued dialogue with the Water Resources Commission and the
council before the next drought stage is put into place.
Arnold Oliver, 2408 Merrimac Drive, said he is chair of the Water Resource Commission.
He said stage 5 is a drought catastrophe. For nearly two years, the commission has made
recommendations for water conservation actions and has almost exhausted the options for
restrictions. Mr. Oliver suggested that the city offer incentives for people who install water
conservation measures. He addressed the comments made during the meeting about car
washes and spas.
Mr. Bradley added that there are only 17 carwashes and 150 restaurants.
Moved by Councilor Ingle to remove the hours for carwashes as listed in paragraph
(g)(3)(b)(ii)(b); to remove the word “prohibited” from the title in subsection (g)(3)(c); and to
remove “spas and hot tubs” from the restrictions in (g)(3)(e)(ii). The motion was seconded by
Councilor Hooker.
The amendment carried by the following vote:
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Ward, Ingle, and Smith.
Nays: None
The motion, as amended, carried by the following vote:
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Ward, Ingle, and Smith.
Nays: None
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Item 8c – Resolution #44-2014
RESOLUTION NO. 44-2014
Resolution Authorizing City Staff to Execute Daily Delivery Contracts with Proclean
Team, Inc. d/b/a Green Touch Lawn and Landscape to Provide Alternative Sources of
Water to Castaway Cove Water Park and other City Facilities
Moved by Councilor Hooker that Resolution No. 44-2014 be passed.
Motion seconded by Councilor Smith.
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April 15, 2014
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Rex Hendrix, 3095 Peggy Drive, said he though Castaway Cove was not going to open
in Stage 5. He asked who is paying for the water. Mayor Barham said he had made the
comment that Castaway Cove would not open. However, an outside vendor approached the
city about supplying water from an outside system. The water has been tested. The payment
for the water will come from park revenues. Kevin Hugman noted that ticket prices are not
being raised at this time. Darron Leiker added that if the park does not open, there will likely be
$300,000 loss, which would impact the tax payers.
The motion carried by the following vote:
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Ward, Ingle, and Smith.
Nays: None
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Item 8a – Resolution #42-2014
RESOLUTION NO. 42-2014
Resolution Approving Filing of an Application for Amendment of Water Right
Pursuant to Certificate of Adjudication No. 02-5150 to Allow the City’s
Reuse of Return Flows for the Permanent Reuse Project
Moved by Councilor Hooker that Resolution No. 42-2014 be passed.
Motion seconded by Councilor Hoover and carried by the following vote:
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Ward, Ingle, and Smith.
Nays: None
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Item 8b – Resolution #43-2014
RESOLUTION NO. 43-2014
Resolution to Approve Change Order No. 2 for the Completion of the 2013 Street
Rehabilitation Project to Decrease the Contract by $508,334.88 to Account for Area
Removed from the Project
Moved by Councilor Ingle that Resolution No. 43-2014 be passed.
Motion seconded by Councilor Dotson and carried by the following vote:
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Ward, Ingle, and Smith.
Nays: None
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April 15, 2014
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Item 9a – Staff Reports
There were no staff reports.
Item 9b – Items of Concern to Members of the City Council
Councilor Dotson thanked the Water Resource Commission and those involved with the
water conservation measures. Councilor Ward added her appreciation.
Councilor Ingle asked about landscape installation at a new business. Kevin Hugman said
the certificate of occupancy is not being held up due to the drought restrictions. The businesses must
acknowledge that they will put in the required landscaping at a future point. Councilor Ingle also
added thanks to the Water Resources Commission for their work.
Councilor Hoover said the drought restrictions are unprecedented. He thanked people who
are keeping the city on the forefront of the efforts.
Item 10 – Executive Session
City Council went into Executive Session at 10:54 a.m. in accordance with Texas
Government Code §551.071 and §551.087.
City Council reconvened at 12:19 p.m.
Mayor Barham announced that no polls or votes were taken during Executive Session.
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Item 12 - Adjourn
City Council adjourned at 12:19 p.m.
PASSED AND APPROVED this 6th day of May, 2014.
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Glenn Barham, Mayor
ATTEST:
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Tracy B. Norr, MMC, City Clerk