Min 05/17/2011 236
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
May 17, 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
Councilors
Michael Smith -
Rick Hatcher -
Tim Ingle -
Mary Ward -
Linda Ammons - Absent
Darron Leiker - City Manager
Miles Risley City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Reverend Linda Marcum, Pastor Beverly Drive United Methodist Church, gave the
invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
Mayor Barham and City Clerk Lydia Ozuna canvassed the returns of the
Municipal Election held in the City of Wichita Falls, Texas on May 14, 2011. Precinct by
precinct returns were canvassed for Mail Ballots, Early Voting by Personal Appearance
and Election Day, followed by final cumulative for each.
After the canvassing of the returns, Council considered the following ordinance.
Item 4
ORDINANCE NO 25 - 2011
Ordinance Canvassing The Returns Of The Municipal Election Held In The City
Of Wichita Falls, Texas On May 14, 2011.
Moved by Councilor Hatcher that Ordinance No 25-2011 be passed with the following
returns being inserted in the blanks.
2940 voters voted in said election.
237
Item 4 continued
COUNCILOR AT LARGE
Dorothy Roberts-Burns received 1721 votes.
Robert Seabury received 1187 votes
COUNCILOR DISTRICT 1
Michael Smith received 506 votes.
Chris Ballard received 302 votes
COUNCILOR DISTRICT 2:
Dennis Rivard received 30 votes.
Annetta Pope received 380 votes.
David Brock received 45 votes.
The City Council officially finds, determines and declares the results of said election to
be that Dorothy Roberts-Burns was duly and legally elected Councilor At Large; that
Michael Lewis Smith was duly and legally elected Councilor District 1; and that Annetta
Pope was duly and legally elected Councilor District 2.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
Item 5
No action was taken on this item.
Item 6
City Clerk administered the Oath of Office to Dorothy Roberts-Burns, Councilor
at Large, Michael Lewis Smith, Councilor District 1, and Annetta Pope, Councilor
District 2.
Mayor presented Certificates of Election to the newly elected officials.
City Council recessed to a reception honoring the newly elected officials.
City Council reconvened at 9:35 a.m.
At this time the newly elected officials took their place on the dais.
Item 7
Mayor called the meeting back to order at 9:35 a.m.
Item 8
Roy Horn, 5019 Bonny Drive, President Commercial and Electronics, Inc. wanted to
present solutions and be proactive in regards to the issues of door to door alarm sales. He
recommended a work session with the City Attorney, City Clerk, Police and Fire Departments to
come up with ways to resolve this.
Mayor will try to get a meeting together,
Mary Cannedy Seigler, 8707 Hwy. 79, Ray Cannedy Services, expressed concerns about
door to door alarm sales tactics and equipment.
238
Item 8 continued
Laura Nix, 1512 Britain, requested June as pride month for lesbians, gays, bisexuals, and
transvestites.
Monica Horton, 4614 Spring Shadow, Better Business Bureau, expressed concern about
the door to door alarm sales.
Murray Sallis, 2501 N. Elmwood Circle, expressed concern about the cost to demolish and
asbestos abatement at 306 Scott Street.
Item 9
Minutes of the May 3, 2011 Council meeting were approved as distributed.
Item 10
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.
Mayor declared the public hearing open.
Norm Standifer, Community Development Director informed that this was the second
public hearing which will be on Council agenda June 7 for consideration.
Mayor called for additional comments. There being none, Mayor declared the public
hearing closed.
Item 11
ORDINANCE NO 26-2011
Ordinance Suspending The Application Of The Dangerous Building Order Of
Ordinance No. 16-2011 to 1219 N. 2"d To Grant Additional Time For Its
Restoration
Moved by Councilor Roberts-Burns that Ordinance No 26-2011 be passed.
Motion seconded by Councilor Ingle.
Mr. Standifer informed that Mr. Diltz will not be eligible to apply for this if he is not the
legal owner.
Robert Harold, 2812 Old Iowa Park Road, informed that the property was owner-
financed with Stephanie Wiley's name on the Deed of Trust, but it has not been filed.
Moved by Councilor Smith that Ordinance No 26-2011 be amended to require that
within seven days from today the owner produce a viable deed to the Legal Department.
Motion seconded by Councilor Hatcher and carried by the following vote:
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Owner has thirty days to obtain a Restoration Permit and ninety days for substantial
completion.
239
Item 12a
RESOLUTION NO. 40-2011
Resolution Approving Program And Expenditure Of The Wichita Falls
Economic Development Corporation (WFEDC) And Amending The
WFEDC Budget As Appropriate In The Amount of $265,125 For The
Pratt & Whitney Canada CNC Milling Machine Project
Moved by Councilor Hatcher that Resolution No 40-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 12b
RESOLUTION NO. 41-2011
Resolution Awarding Bid For Asbestos Abatement And Demolition Of Property
Located At 306 Scott Avenue (Imperial Motel) To Empire Environmental In The
Amount Of $199,224.00
Moved by Councilor Roberts-Burns that Resolution No 41-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 12c
RESOLUTION NO. 42-2011
Resolution Endorsing An Application To The Wichita Falls Economic
Development Corporation For Expenditures Related To The Wichita Falls
Travel Center In The Amount of $211,815
Moved by Councilor Hatcher that Resolution No 42-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 12d
RESOLUTION NO. 43-2011
Resolution Of Support For The Proposed Oklaunion-Fisher Road 345 kV Transmission
Line Project To Allow Oncor To Move And Existing Electric Transmission Line
Approximately Two Miles North Of Sheppard Air Force Base
Moved by Councilor Hatcher that Resolution No 43-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
240
Item 12d continued
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 12e
RESOLUTION NO. 44-2011
Resolution Awarding Bid And Contract For The 2011 CDBG Waterline Replacement
Project (CWF11-204-08) To Bowles Construction Co., In An Estimated Total Amount
Of$385,054.50
Moved by Councilor Roberts-Burns that Resolution No 44-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 12f
RESOLUTION NO. 45-2011
Resolution Approving Change Order No. 5 To The Cypress Water Treatment Plant
2010 10MGD Conventional Treatment Plant Project (CWF07-544-06) To Authorize
The Inclusion Of The Pump Replacement And Rehabilitation Of The Secondary
Reservoir Pump Station Into The Contract And Increase The Contract Amount By
$45,060,224.46
Moved by Councilor Smith that Resolution No 45-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 12g
RESOLUTION NO. 46-2011
Resolution Authorizing The Purchase Of A Pak Mor 24 Cubic Yard Side Load
Sanitation Body Through The BuyBoard Purchasing Cooperative From Equipment
Southwest In The Amount Of $72, 516.00 And Authorizing Refurbishment Of A 1999
40,OOO1b GVWR Mack Cab & Chassis By Bruckner's Truck Sales In The Amount of
$30,000.00
Moved by Councilor Hatcher that Resolution No 46-2011 be passed.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
241
Item 13a
There were no staff reports.
Item 13b
Council members brought up the following matters.
Councilor Roberts-Burns:
a) Thanked everyone for letting her come back; she is looking forward to working with
the citizens, Council and City staff.
Councilor Ingle:
a) Congratulated returning Councilors Roberts-Burns, and Smith, and he welcomed
newly elected Councilor Pope.
b) Visited with Jack Murphy about the need for improvements at the remote control
model plane area, and he would like for that to be presented to the Park Board
c) Police Memorial was very well done; thanked District Attorney for great remarks
d) Requested that the pot holes on south bound ramp on Windthorst Road be looked
into. City Manager informed that was a TXDOT issue but we will follow up with
them.
e) Asked about the sewer line issue on Lakeshore. Public Works Director informed
that they are working on it and thinks it will be finished this week.
Councilor Hatcher:
a) Echoed everything said so far, and he welcomed Councilor Pope; congratulated
Councilors Roberts-Burns and Smith.
b) Amazed at our City and our people in the way we can get things done. We do a
great job of making things happen. All department heads and City Manager make
things happen with the best bang for our buck.
c) Police Memorial was excellent and very moving. Very proud to be a part of all this.
He encouraged everyone to have "Pride in the Falls".
Councilor Smith:
a) Thanked voters in District 1 for returning him and looks forward to serving you and
the citizens.
b) Dog Park opened yesterday and we had a good time. It is located off Fairway at
Lake Wichita Park. It is all a result of two young men who had a dream, worked
hard, asked questions, appeared before the right groups to follow up on their idea
to have a dog park. That kind of civic action can have really good results. For
those of you who have ideas that would make our City's quality of life better, ask
questions, find out who to talk to, and what committees to go before, and you too
can realize your dreams by following that path. He thanked the Borrego brothers
who did a great job of bringing that to life.
Councilor Ward:
a) District 5 town hall meeting will be at City View High School at 7 p.m. Thi{rsday;
come and express you concerns and desires.
b) Dog Park was a pleasant surprise.
c) Police Memorial was perfect and everything was A-1 top notch; thanked Chief
Bachman for that program.
d) Want to continue to commend the Police and Fire Departments. Attended a Fire
Fighters' dinner and that was a neat performance. Very pleased to have good staff
in our City. She thanked the Fire and Police Departments.
e) Welcomed Councilor Pope to the City Council; great group to work with. Welcomed
back Councilors Smith and Roberts-Burns.
Councilor Pope:
a) Truly honored to be among this group of citizens; she thanked voters for placing
her on the Council. It is your seat; I am working for you. I ask a lot of questions
and I ask that you be patient with me.
b) Thanked Fire Fighters Association, Police Officers Association, the Air Force, and
Wichita Falls Realtors Association for helping to get here today.
Mayor Barham:
a) Welcomed Councilor Pope and congratulated Councilors Smith and Roberts-
Burns.
242
Item 13b continued
b) Referred to alarm systems situation and informed that the Council does not intend
outlawing outside warning systems; and the District Attorney is not looking into
that. Council has no intentions of changing the Alarm System Ordinance at this
time. He felt a meeting with the stakeholders was in order to see if we could come
up with some solutions.
c) Farmers Market opens today 7 a.m. — 5 p.m. Tuesday through Saturday.
d) Police Memorial was great; Fire Fighters event was also an excellent event.
Item 14
City Council went into Executive Session at 11:05 a.m. in accordance with Texas
Government Code 551.072.
City Council reconvened at 11:20 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
City Council adjourned at 11:25 a. m.
PASSED AND APPROVED this day of 2011.
MAYOR
ATTEST:
c�
Ci Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor r�
Linda Ammons, Councilor At Large
Michael Smith, District 1
Dorothy Roberts-Burns, Mayor Pro Tern • u1
• Rick Hatcher, District 3
Tim Ingle, District 4
T E x A s Mary Ward, District 5 '
S/u�Skie,C�/denO��vttun�/ies
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 17, 2011 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Reverend Linda Marcum, Pastor
Beverly Drive United Methodist Church
(b) Pledge Of Allegiance
3. Canvass The Returns Of The Municipal Election Held In The City Of Wichita
Falls, Texas On May 14, 2011
4. Ordinance Canvassing The Returns Of The Municipal Election #70
Held In The City Of Wichita Falls, Texas On May 14, 2011
5. Ordinance Ordering and Giving Notice of a Runoff Election #71
and Providing for a Runoff Election to be Held June 18, 2011
6. Administration Of Official Oath To Newly Elected Council Members.
RECESS
7. Call To Order.
8. 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.
9. Approval Of Minutes Of The May 3, 2011 Regular Meeting Of The Mayor
And City Council
REGULAR AGENDA
10. 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
11. Ordinance Suspending The Application Of The Dangerous #72
Building Order Of Ordinance No. 16-2011 to 1219 N. 2"d To
Grant Additional Time For Its Restoration
12. Resolutions
(a) Resolution Approving Program And Expenditure Of The #73
Wichita Falls Economic Development Corporation
(WFEDC) And Amending The WFEDC Budget As
Appropriate In The Amount Of $265,125 For The Pratt &
Whitney Canada CNC Milling Machine Project
(b) Resolution Awarding Bid For Asbestos Abatement And #74
Demolition Of Property Located At 306 Scott Avenue
(Imperial Motel) To Empire Environmental In The
Amount Of$199,224.00
(c) Resolution Endorsing An Application To The Wichita #75
Falls Economic Development Corporation For
Expenditures Related To The Wichita Falls Travel Center
in the amount of$211,815
(d) Resolution Of Support For The Proposed Oklaunion- #76
Fisher Road 345 kV Transmission Line Project To Allow
Oncor To Move An Existing Electric Transmission Line
Approximately Two Miles North Of Sheppard Air Force
Base
(e) Resolution Awarding Bid And Contract For The 2011 #77
CDBG Waterline Replacement Project (CWF11-204-08) to
Bowles Construction Co., in an estimated total amount
of$385,054.50
(f) Resolution Approving Change Order No. 5 To The #78
Cypress Water Treatment Plant 2010 10MGD
Conventional Treatment Plant Project (CWF07-544-06)
To Authorize The Inclusion Of The Pump Replacement
And Rehabilitation Of The Secondary Reservoir Pump
Station Into The Contract And Increase The Contract
Amount By $2,133,005.00, For A Revised Cost Of
$45,060,224.46
(g) Resolution Authorizing The Purchase Of A Pak Mor 24 #79
Cubic Yard Side Load Sanitation Body Through The
BuyBoard Purchasing Cooperative From Equipment
Southwest In The Amount Of $72,516.00 And
Authorizing Refurbishment of A 1999 40,0001b GVWR
Mack Cab & Chassis By Bruckner's Truck Sales in the
amount of approximately $30,000.00
13. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
14. Executive Session in accordance with Texas Government Code § 551.072,
to deliberate the purchase, exchange, lease, or value of real property
interests due to the fact that deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations with a third
party (including, but not limited to, the purchase and/or value of property
adjacent to Call Field Road)
15. 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 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.
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