Min 05/03/2011 229, .
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
May 03, 2011
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
Dorothy Roberts-Burns - Mayor Pro Tern
Linda Ammons - Councilors
Michael Smith -
Rick Hatcher -
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
Pastor Mark Graham, Overcoming Word Praise Center International, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed May 6-12, 3011 as "National Nurse's Week". Representatives from the MSU
Wilson School of Nursing accepted the proclamation.
Item 3b
Mayor proclaimed May 2011 as "Elder Abuse Awareness Month" in Wichita Falls. Several
members of Adult Protective Services Board/Area Agency on Aging accepted the proclamation.
Item 3c
Mayor proclaimed May 2011 as "Motorcycle Safety Awareness Month" in Wichita Falls.
Motorcycle Police Officers from the Wichita Falls Police Department accepted the proclamation.
230 -
Item 3d
Mayor proclaimed May 14, 2011 as "Letter Carrier's Food Drive Day" in Wichita Falls benefiting
the Wichita Falls Area Food Bank. Keith Deason, on behalf of the letter carriers', accepted the
proclamation.
Item 3e
Mayor recognized Mrs. Sylvia Fino, Clerk for Women, Infants, and Children Program (WIC),
Health Department, as Employee of the Month for May 2011. Mayor presented Mrs. Fino with a plaque,
a letter of appreciation, restaurant tickets, and a check.
Item 4
Gail Murphy, 2822 Lavell, and Laura Nix, 1512 Britain, requested a proclamation recognizing June as
Gay Pride Month.
Dan Diltz and Robbie Harrell, 2812 Old Iowa Park Road, requested an extension to rebuild the
structure at 1219 N. 2"d Street.
City Manager stated that if it is Council's desire, this can be placed on the next Council agenda for their
consideration. Council agreed.
Item 5
Minutes of the April 19, 2011 Council meeting were approved as distributed.
Items 6a-6f
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ammons that the Consent Agenda be approved.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and
Ward
Nays: None
Minutes of the following boards and commissions were received.
(a) Animal Shelter Advisory Committee, December 2, 2010
(b) MPO—Transportation Policy Committee, November 3, 2010
(c) MPO—Transportation Policy Committee, January 26, 2011
(d) MPO—Technical Advisory Committee, October 6, 2010
(e) MPO—Technical Advisory Committee, January 12, 2011
(f) Landmark Commission, March 22, 2011
Item 7
A Public Hearing was held regarding the proposed annexation of approximately 4.78 acres of land to the
south of the Parkstone Senior Village Apartments located at 1727 West Rathgeber Road.
Mayor declared the public hearing open.
Community Development Director Norm Standifer informed that this was the first of two authorized public
hearings on 1727 W. Rathgeber Road.
Councilor Smith was at Park Stone and was very impressed by the existing property and with the needs for
senior housing he would be in favor of this. It is a very nice facility for our seniors.
232
Item 8c
A proposed ordinance was considered amending Appendix B, "Zoning", of the Code of
Ordinances to amend Section 6740 and add 6788, relating to signs.
Moved by Councilor Ammons that proposed ordinance be passed.
Motion seconded by Councilor Smith.
Council discussed this item at length and expressed concerns about charging the non-profits an
"advertising fee"for their signs. The non-profits do a great job in our community.
Chris Ballard, 2402 Wenonah, commented that if the concern was commercial advertising, that
an amendment be added to exempt non-profits. City Attorney informed that with sign regulation we
cannot discriminate on the basis of content; it has to be content neutral. Can we establish a fee
exemption for non-profits? That might be considered discrimination on basis of content. We might be
allowed to do that but you cannot distinguish between non-profits and there are some non-profits that do
things you do not prefer
Moved by Councilor Roberts-Burns to table this item for further research and more options.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Ingle, and Ward
Nays: Councilor Hatcher
City Council recessed at 9:45 a.m. and reconvened at 10:10 a.m.
Item 8d
ORDINANCE NO. 24-2011
Ordinance To Approve Change Order#1 with URS Corporation For The Design
And Engineering Activities Associated With Runway 17-35 At Wichita Falls
Municipal Airport And Appropriating $29,567.00 In Airport Equity Funds To
Cover The Unbudgeted Amount For This Project
Moved by Councilor Hatcher Ordinance No. 24-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and Ward
Nays: None
Item Be
ORDINANCE NO. 25-2011
Ordinance Authorizing The City Manager To Execute All Documents Necessary
To Apply For And Accept Up To $6 Million In Federal Aviation Administration
Grants For The Reconstruction Of Phase 11 Of The Runway 17/35 Project At
Wichita Falls Municipal Airport And Appropriating Said Funds To The FAA Airport
Improvement Grant 2011 Fund
Moved by Councilor Ammons that Ordinance No. 25-2011 be passed.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and
Ward
Nays: None
251
Item 7 continued
Mayor called for additional comments. There being none Mayor declared the Public Hearing closed.
Item 8a
An ordinance was considered to amend Section 106-129 of the Wichita Falls Code Of
Ordinances of the City of Wichita Falls by establishing a 40-cent per month surcharge for utility bills that
are delivered by the Postal Service.
Moved by Councilor Ammons that proposed ordinance be passed.
Motion seconded by Mayor Barham.
Finance Director Jim Dockery provided background on this item. The City delivers approximately
420,000 utility bills through the postal delivery service at an annual cost of$104,000, however, we have
beginning June of this year the Postal Service will enact new requirements for bar coding the bills that our
current printing equipment cannot accommodate. This change will cause our postage cost for utility bills to
increase by $26,500/year. Information Systems has been analyzing buying a new printer hardware and
software that can produce the new bar codes; evaluation of outsourcing utility bill printing to a third party
vendor has been done. After comparison of these options, staff is preparing to contract for these services
through Computech because cost is identical and we receive the benefit of producing E-Bills, which bypasses
postage costs altogether.
Once the new E-Billing capability is in place staff recommends implementing a $0.40 surcharge per bill
to customers who continue to request a bill delivered by the Postal Service. This surcharge will essentially
cover the cost to continue to mail the bill and encourage customers to consider the less expensive E-Billing
option.
Council expressed concerns they received from numerous citizens. It seems this surcharge will affect
services, the elderly and low income citizens who cannot and/or will not purchase computers. A better option
would be to offer them an incentive to sign up for E-Billing instead of implementing a surcharge. Council
believes that citizens will sign up; we should encourage not discourage.
John Vaughn, 401 Chester, stated that this cost was not budgeted and we, the elderly cannot budget
for it either; it is only $0.40 but a lot of people do not have the choice and it is not good citizenship to put this on
the people.
David Brock, 310 Hilltop, was opposed to the 25% penalty; if it costs $0.32 and you charge $0.40 that is
a 25% penalty to people who cannot afford the internet. He suggested offering an incentive of free compost to
sign up for E-Billing, not the $0.40 surcharge.
Motion failed by the following vote.
Ayes: None
Nays: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and
Ward
Item 8b
ORDINANCE NO. 23-2011
Ordinance Rezoning Approximately 1.13 Acres Of Land Within The Highland
West Side Subdivision From Single Family-2 Residential To Limited Commercial
And Amending The Land Use Plan By Changing The Area From Low Density
Residential To Light Commercial.
Moved by Councilor Roberts-Burns that Ordinance No. 23-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and
Ward
Nays: None
213
Item 9a
RESOLUTION NO. 37-2011
Resolution Awarding The Bid For The Jasper Water Treatment Plant High
Service Pump No. 4 Replacement Project (CWF10-550-06) And Performance Of
Ancillary Work On Pump No. 3, To J.S. Haren Company, In An Estimated Total
Amount Of$307,000
Moved by Councilor Hatcher that Resolution No. 37-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and
Ward
Nays: None
Item 9b
RESOLUTION NO. 38-2011
Resolution Reducing The Rental Fee Of The Mobile Stage For Rental To The
Founders Lions Club For Their T-0 Fair Event September 13-17, 2011
Moved by Councilor Roberts-Burns that Resolution No. 38-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and
Ward
Nays: None
Item 9c
RESOLUTION NO. 39-2011
Resolution Authorizing The City Manager To Execute A Professional Services
Agreement With URS Corporation For Engineering And Quality Assurance
Testing Services In Conjunction With Phase II Of The Runway 17-35
Reconstruction Project At Wichita Falls Municipal Airport, In An Estimated
Amount Of$229,956.21
Moved by Councilor Hatcher that Resolution No. 39-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle, and
Ward
Nays: None
Item 10
Council members brought up the following matters.
Councilor Ammons:
a) It has been a great honor to serve the City of Wichita Falls. I am glad to see people running for the
Council seats; it is a great opportunity to learn about your City like those people who come and participate
every time we are here. Thank you for that opportunity. Mayor thanked Councilor Ammons for her service.
234
Item 10 continued
Councilor Ingle:
a) Thanked Councilor Ammons for all her advice over the years.
b) A lot of projects occurring on the south side of town; is there some sort of plan? City Manager
commented that is what the Zoning Ordinance is for; we do not steer construction in any direction.
We are seeing some construction on the north side of Kell and the one this morning on the south
side.
c) Citizen sent him a message regarding pigeon droppings and health hazard issues, in particular
around 8th & Broad. Is TXDOT responsible for anti-pigeon devices? City Manager mentioned that
the City has done a lot of that work as well as worked with TXDOT; it is a big problem on the back
side of City Hall as well. We have made numerous attempts to resolve that problem but
unsuccessfully. City Manager did not think TXDOT cleans up that area.
Councilor Hatcher:
a) Asked if the City is fast approaching saturation on Section 8 housing; that appears to deteriorate
faster. He receives correspondence from people who live out of town wanting to construct.
b) It has been an honor and a pleasure to serve with Councilor Ammons— both times.
Councilor Smith:
a) Thanked Councilor Ammons for her service, both times.
b) American Eagle plans to cut their flights from four to three and we need to work through John
Burrus and his staff to bring to American Eagle's attention that we need more flights out of Wichita
Falls; we are killing a lot of air service possibilities. Potential companies bringing new jobs or
industry look at air service in and out of cities. You cannot get out of here like you need to. We
need to get on the ball to work on this.
c) Election Day is May 14, Early Voting has already started here at Memorial Auditorium through May
10.
Councilor Ward:
a) Attended ground breaking for Faith Refuge; a program through Faith Mission. This is a place for
women and their children go once the mother is released from jail. Good turn out.
b) Prayer Rally at County Courthouse being held May 5 from 5p-7p; food and music; encouraged
everyone to attend.
c) Commended Pubic Works Director and his crew that cleaned up leaves and debris blocking the
road along Priscilla, which is an area that floods. They were there before she got there and worked
diligently to clean that out to prevent flooding. Those residents are elderly and cannot do the
cleanup. I appreciate your staff; they are attentive and the residents were very appreciative. All
City employees have been marvelous to take care of our citizens. Thank you
Councilor Roberts-Burns:
a) Thanked Councilor Ammons for her service, both times, and for her advice and all her help.
b) Thanked the Police and Fire Departments for putting out all these fires last week.
c) Encouraged voters to go vote.
Mayor Barham:
a) He was unable to attend Faith Refuge ground breaking because he was out of town; glad to hear it
was a successful event and a good crowd
b) Asked what was going on at the old Texas Electric building. Councilor Ammons informed that it is
being remodeled for rental
c) Received a lot of phone calls regarding Time Warner Cable's moving to digital. This Council had
nothing to do with that. We no longer have franchise control; the State has taken that on. It is
distressing that citizens and community cannot watch City Council live, however our Information
Systems Department is working on that to stream our meeting live on the internet.
d) He mentioned several events coming up in our City.
a. Dallas Zoo at Riverbend May 11, 2011
b. Castaway Cove opens May 14 at 10:30 a.m. prevent Children's Miracle Network at 9 a.m.
c. Cajun Fest May 14, downtown
d. Celtic Women May 15 at MPEC
e. Formal opening Dog Park at Lake Wichita Park May 16 at 8:45 a.m.
f. Police Memorial May 16 at Police Department at 10:00 a.m.
g. Town hall meeting May 19 at City View High School at 7:00 p.m.
Item 11
City Council adjourned at 10:45 a.m.
235
Item 12
Mayor announced that following adjournment, a quorum of City Council may meet at
Castaway Cove Water Park at 1000 Central Freeway East, and discuss issues described in this agenda,
including improvements and other issues involving Castaway Cove.
PASSED AND APPROVED this t day of 2011.
1 U
MAYOR
ATTEST:
0 Lydia Ozuna
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Linda Ammons, Councilor At Large
Michael Smith, District 1 r
r`` Dorothy Roberts-Burns, Mayor Pro Tern
• •� �/c Rick Hatcher, District 3
a A
(7 Tim Ingle, District 4
T e x A s Mary Ward, District 5
B/u�S/cie,Cfolde�O��orturtities:
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, May 3, 2011 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Pastor Mark Graham
Overcoming Word Praise Center International
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation — National Nurse's Week, MSU Wilson School of
Nursing
(b) Proclamation — Elder Abuse Awareness Month - Adult Protective
Services Board/Area Agency on Aging
(c) Proclamation - Motorcycle Safety Awareness Month — Tracy Hennan
(d) Proclamation - Letter Carrier's Food Drive - Wendell Griffin,
WF Area Food Bank
(e) Presentation — Employee of the Month - Sylvia Fino, WIC
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 April 19, 2011 Regular Meeting Of The Mayor
And City Council
CONSENT AGENDA
6. Receive Minutes
(a) Animal Shelter Advisory Committee, December 2, 2010
(b) MPO — Transportation Policy Committee, November 3, 2010
(c) MPO — Transportation Policy Committee, January 26, 2011
(d) MPO — Technical Advisory Committee, October 6, 2010
(e) MPO — Technical Advisory Committee, January 12, 2011
(f) Landmark Commission, March 22, 2011
REGULAR AGENDA
7. Public Hearing Regarding The Proposed Annexation Of Approximately 4.78
Acres Of Land To The South Of The Parkstone Senior Village Apartments
Located At 1727 West Rathgeber Road
8. Ordinances
(a) Ordinance Amending Section 106-129 Of The Code Of #62
Ordinances Of The City Of Wichita Falls By Establishing
A 40-Cent Per Month Surcharge For Utility Bills That Are
Delivered By The Postal Service; Providing For
Codification; And Providing An Effective Date
(b) Ordinance Rezoning Approximately 1.13 Acres Of Land #63
Within The Highland West Side Subdivision From Single
Family-2 Residential To Limited Commercial And
Amending The Land Use Plan By Changing The Area
From Low Density Residential To Light Commercial
(c) Ordinance Amending Appendix B, "Zoning", Of The #64
Code Of Ordinances Of The City Of Wichita Falls To
Amend Section 6740 And Add 6768, Relating To Signs;
Providing For Codification; And Providing A Penalty In
An Amount Not To Exceed $2,000
(d) Ordinance To Approve Change Order #1 For The Design #65
And Engineering Activities Associated With Runway 17-
35 At Wichita Falls Municipal Airport And Appropriating
$29,567.00 In Airport Equity Funds To Cover The
Unbudgeted Amount For This Project
CITY COUNCIL AGENDA
PAGE 2 OF 4 PAGES
(e) Ordinance Authorizing The City Manager To Apply For #66
And Accept Up To $6 Million In Federal Aviation
Administration Grants For The Reconstruction Of Phase
II Of The Runway 17/35 Project At Wichita Falls
Municipal Airport And Appropriating Said Funds To The
FAA Airport Improvement Project Grant 2011 Fund
9. Resolutions
(a) Resolution Awarding The Bid For The Jasper Water #67
Treatment Plant High Service Pump No. 4 Replacement
Project (CWF10-550-06) And Performance Of Ancillary
Work On Pump No. 3 At The Jasper Water Treatment
Plant, To J.S. Haren Company, In An Estimated Total
Amount Of$307,000
(b) Resolution Reducing The Rental Fee Of The Mobile #68
Stage For Rental To The Founders Lions Club For Their
T-O Fair Event September 13-17, 2011
(c) Resolution Authorizing The City Manager To Execute An #69
Agreement With URS Corporation For Engineering And
Quality Assurance Testing Services In Conjunction With
Phase II Of The Runway 17-35 Reconstruction Project At
Wichita Falls Municipal Airport
10. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. Adjourn
12. Following Adjournment, A Quorum Of City Council May Meet At Castaway
Cove Water Park At 1000 Central Freeway East, Wichita Falls, Texas And
Discuss Issues Described In This Agenda, Including Improvements And
Other Issues Involving Castaway Cove.
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 Sixth Street 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 PAGES
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
2011 at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
PAGE 4 OF 4 PAGES