Min 01/06/2015
CITY COUNCIL MINUTES
January 6, 2015
Page 1
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
January 6, 2015
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 -
Tom Quintero -
Darron Leiker - City Manager
Kinley Hegglund - City Attorney
Tracy Norr - City Clerk
Mayor Barham called the meeting to order at 8:30 a.m.
- - - - - - - -
Item 2a - Invocation
Larry Shields, Administrator/Senior Adult Minister, Faith Baptist Church, gave the
invocation.
- - - - - - - -
Item 2b - Pledge of Allegiance
Mayor Barham led the Pledge of Allegiance.
- - - - - - - -
Item 3a – Proclamation – Wichita Falls Police Department’s 125th Anniversary
10:33:57 AM
Mayor Barham read a proclamation recognizing the 125th anniversary of the Wichita
Falls Police Department and encouraged citizens to express appreciation to the Police
Department.
Chief Borrego said this is an exciting time for the Police Department. He noted the
officers are wearing a commemorative badge which includes a tribute to the fallen officers. He
thanked everyone for their support. He presented a commemorative badge to the Mayor and
CITY COUNCIL MINUTES
January 6, 2015
Page 2
City Manager. Mayor Barham noted he had worked for the department for 33 years and he
misses the people he worked with.
- - - - - - - -
Item 3b -Employee of the Month
8:37:58 AM
Chief Borrego recognized Officer John Chesar, as the Employee of the Month. Mayor
Barham presented a plaque, a letter of appreciation, restaurant tickets, and a check to Officer
Chesar and thanked him for his service.
- - - - - - - -
Item 4- Comments from the Public to Members of the City Council Concerning Items That
Are Not on the City Council Agenda.
8:42:02 AM
There were no citizen comments.
- - - - - - - -
Item 5 – 6c– Consent Items
8:42:08 AM
City Manager Darron 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 Hooker and carried by the following vote:
Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Smith, Quintero, and Ingle.
Nays: None
Item 5 - Approval of Minutes of the December 16, 2014 Regular Meeting of the Mayor and
City Council
Item 6a-c –Receive Minutes
Minutes of the following boards and commissions were received:
(a) Wichita Falls – Wichita County Public Health Board, August 22, 2014
(b) Wichita Falls Park Board, September 25, 2014
(c) Landmark Commission, October 28, 2014
- - - - - - - -
Item 7 – Public Hearing for the FY 2014 Transit Grant for Capital Planning and Operating
Assistance for the Wichita Falls Transit System
8:42:43 AM
Mayor Barham opened the public hearing.
CITY COUNCIL MINUTES
January 6, 2015
Page 3
John Burrus explained this is an annual grant for FTA funds. He said the second of
three payments for the travel center is scheduled. A general fund subsidy is approved in the
budget as a local match. The goal is to not use the subsidy.
Councilor Smith asked about future planning for new routes or additional services. Mr.
Burrus replied the grant does not reflect that but two routes are under consideration. He said
transportation from the base to the airport or to the travel center are being considered.
Councilor Ingle asked if funds in the general fund will be used. Mr. Burrus explained a
local match is required. The full amount of the 2013 grant was not used. City Manager Darron
Leiker said money is included in the budget because the amount of the grant is not known when
the budget is prepared. The goal is to not use the subsidy.
The public hearing was closed at 8:49:06 AM .
Item 8a –Ordinance No. 01-2015
8:49:15 AM
ORDINANCE NO. 01-2015
Ordinance Appropriating $1,452,589 in Federal Funds and $338,171 in State Funds for the FY
2014 Section 5307 Transit System and Authorizing the City Manager to Execute All Necessary
Funding Agreements Related Hereto
Moved by Councilor Hooker that Ordinance No. 01-2015 be passed.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover.
Nays: None
- - - - - - - -
Item 8b – Ordinance No. 02-2015
8:50:14 AM
ORDINANCE NO. 02-2015
Ordinance Rezoning Approximately 0.48 Acres of Land at 1106 and 1108 Indiana Avenue from
Light Industrial (LI) to Central Business District (CBD)
Moved by Councilor Dotson that Ordinance No. 02-2015 be passed.
Motion seconded by Councilor Ingle.
Kathryn McGregor, 3604 Glenwood, said Straight Street has been in operation for 20 years
and is a ministry designed for at-risk youth. Half of the property will be used for administration and
activities; the other part will be meeting rooms and game rooms. Addition of a basketball court and
astroturf sports field require the new zoning because of setback requirements. They intend to build a
workshop for some welding or mechanics classes. The project is $1.5 million. They want to fence
the property along Indiana, 12th Street, and the alley. She complimented the Planning and Zoning
Commission and the staff for the work they have done on this project.
CITY COUNCIL MINUTES
January 6, 2015
Page 4
The motion carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero and Hoover.
Nays: None
- - - - - - - -
Item 8c – Ordinance No. 03-2015
8:57:33 AM
ORDINANCE NO. 03-2015
Ordinance Amending the Code of Ordinances, Appendix B Zoning, in Several Sections, to
Establish Regulations for Outdoor Food Courts
Moved by Councilor Hooker that Ordinance No. 03-2015 be passed.
Motion seconded by Councilor Dotson and carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero and Hoover.
Nays: None
- - - - - - - -
Item 8d – Ordinance No. 04-2015
9:13:04 AM
ORDINANCE NO. 04-2015
Ordinance Amending the Code Of Ordinances of the City of Wichita Falls to Update Article VI of
Chapter 26 to Conform to Updated State Laws & Regulations and to Update and Clarify
Regulations Applicable to Mobile Food Vendors; Providing a Penalty Not to Exceed $500 upon
Conviction; and Providing for Codification
Moved by Councilor Ho oker that Ordinance No. 04-2015 be passed.
Motion seconded by Councilor Dotson and carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, and Hoover.
Nays: Quintero
- - - - - - - -
Item 8e – Ordinance No. 05-2015
9:41:45 AM
ORDINANCE NO. 05-2015
Ordinance Making an Appropriation to the Special Revenue Fund for the Women Infants and
Children’s (WIC) Program in the Amount of $54,598 Received from the Department of State
Health Services and Authorizing the City Manager to Execute Contract Accepting Same
CITY COUNCIL MINUTES
January 6, 2015
Page 5
Moved by Councilor Hoover that Ordinance No. 05-2015 be passed.
Motion seconded by Councilor Dotson and carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero and Hoover.
Nays: None
- - - - - - - -
Item 9a – Resolution #01-2015
9:57:48 AM
RESOLUTION NO. 01-2015
Resolution Authorizing the City Manager to Execute an Amended Potable Water Purchase
Contract with the City of Scotland Texas
Moved by Councilor Hooker that Resolution No. 01-2015 be passed.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover.
Nays: None
- - - - - - - -
Item 9b – Resolution #02-2015
10:02:44 AM
RESOLUTION NO. 02-2015
Resolution Approving the Programs and Expenditures of the Wichita Falls Economic
Development Corporation (WFEDC) and Amending the Budget to Include up to $300,000 for the
Sealed Air Corporation, Cryovac Division -- Iowa Park Water Reuse Project
Moved by Councilor Ingle that Resolution No. 02-2015 be passed.
Motion seconded by Councilor Hooker.
Barry Hardin, Cryovac, said this is an outstanding example of communities and industry
coming together in the face of the drought. The project can save a significant amount of water.
The motion carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover.
Nays: None
- - - - - - - -
CITY COUNCIL MINUTES
January 6, 2015
Page 6
Item 9c – Resolution #03-2015
10:09:09 AM
RESOLUTION NO. 03-2015
Resolution Authorizing the City Manager to Execute an Agreement with Felix Lister Lodge
#1217 Elks I.B.P.O.E of W. d.b.a. The Kitchen at Wichita Falls Regional Airport for Food,
Beverage and Gift Shop Concessions at Wichita Falls Regional Airport
Moved by Councilor Smith that Resolution No. 03-2015 be passed.
Motion seconded by Councilor Ingle.
John Burrus explained the agreement and also a concern about the name of the
restaurant. He suggested waiting to execute the agreement until a name can be selected that
will not cause confusion with the local non-profit agreement with a similar name.
Gene Buchanan, 106 N. Oriole, said the problem with the name has been solved. The
new name would be the “Buck’s and Doe’s Cafe.” He said the profits would be shared among
three charities.
Motion by Mayor Barham to amend the resolution to read “Resolution Authorizing the
City Manager to Execute an Agreement with Felix Lister Lodge #1217 Elks I.B.P.O.E of W.
d.b.a. any name that excludes the word ‘kitchen’” at Wichita Falls Regional Airport for Food,
Beverage and Gift Shop Concessions at Wichita Falls Regional Airport .
Amendment seconded by Councilor Dotson.
The amendment carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover.
Nays: None
The amended motion carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover.
Nays: None
- - - - - - - -
Item 9d – Resolution #04-2015
10:20:42 AM
RESOLUTION NO. 04-2015
Resolution to Amend the Long-Term Parking Rate from $10.00 per Stay to $2.00 per Day at
Wichita Falls Regional Airport
Moved by Councilor Dotson that Resolution No. 04-2015 be passed.
Motion seconded by Councilor Smith and carried by the following vote:
CITY COUNCIL MINUTES
January 6, 2015
Page 7
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover.
Nays: None
- - - - - - - -
Item 11 – Executive Session
City Council went into Executive Session at 10:32:11 AM in accordance with Texas
Government Code §551.072 and §551.074.
City Council reconvened at 11:08:17 AM
Mayor Barham announced that no polls or votes were taken during Executive Session.
- - - - - - - -
Item 9e – Resolution #05-2015
11:08:38 AM
RESOLUTION NO. 05-2015
Resolution Determining the Public Necessity for Acquisition of Property for the Purpose of
Permanent and Temporary Utility Easements Necessary to Complete the Permanent Reuse
Pipeline North Project and Authorizing the Purchase or Condemnation. Possible Action W ill
Include the Consideration of the Use of Eminent Domain to Condemn the Property.
Moved by Councilor Ingle that the City of Wichita Falls approve item 9e as well as
authorize the use of the power of eminent domain to acquire the following property interests:
N2A 60’ wide utility easement across Janet C. Conley and Heath W. Conley tract,
Volume 3055, Page 482, O.P.R.W.C. Wichita County, Texas
N2B 60’ wide utility easement across Heath Conley and Janet Conley tract, Volume
3617, Page 399, O.P.R.W.C. Wichita County, Texas
N3 60’ wide utility easement across Richard W. and Marcella Humphrey tract,
Volume 2283, Page 255, O.P.R.W.C. Wichita County, Texas
N4 60’ wide utility easement across Julia P. Smith tract, Volume 2127, Page 543,
O.P.R.W.C. Wichita County, Texas
N5 60’ wide utility easement across Veterans Land Board of the State of Texas tract,
Volume 2215, Page 542, O.P.R.W.C. Wichita County
N6 60’ wide utility easement across Eugene and Dorene Shelby tract, Volume 1484,
Page 78, W.C.D.R. Wichita County, Texas
N7 60’ wide utility easement across Lot 2, Block 14, Irrigation Subdivision, Volume
25, Page 238, W.C. P. R. owned by Jean Stallc up, Volume 2619, Page 765,
O.P.R. W. C. Wichita County
N8 60’ wide utility easement across Brenda Carol Eidson tract, Volume 1585, Page
843, W.C.D.R. Wichita County
N9A 60’ wide utility easement across Stella Sue Yandell tract, Volume 3925, Page
691, O.P.R.W.C. Wichita County
N9B 60’ wide utility easement across Stella Sue Yandell tract, Volume 3925, Page
695, O.P.R.W.C. Wichita County, Texas
N10 60’ wide utility easement across Jaylyn Construction, Inc. tract, Volume 2742,
CITY COUNCIL MINUTES
January 6, 2015
Page 8
Page 417, O.P.R.W.C. Wichita Coun ty
N11A 60’ wide utility easement across Arthur J. Madden and Lori L. Madden tract,
Volume 2025, Page 598, O.P.R.W.C. Wichita County, Texas
N11B 60’ wide utility easement across Lot2, Block 37, Cherokee County School Land,
Volume 27, Page 235, W.C.P.R. owned by Arthur J. Madden and Lori Madden,
Volume 3483, Page 830, O.P.R.W.C. Wichita County
N11C 60’ wide utility easement across Arthur J. Madden and Lori Madden tract,
Volume 2132, Page 403, O.P.R.W.C. Wichita County
N13 60’ wide utility easement across S.B.P. Enterprises, Inc. tract, Volume 1917,
Page 694, W.C.D.R. Wichita County, Texas
N14 60’ wide utility easement across WPT Power Transmission Corporation tract,
Volume 3083, Page 792, O.P.R.W.C. Wichita County, Texas
N16 60’ wide utility easement across W ichita Falls Chamber of Commerce And
Industry tract, Volume 941, Page 469, W.C.D.R. Wichita County, Texas
N17 60’ wide utility easement across Tract 4, Unit One, Expressway East Industrial
District, Volume 24, Pages 139 -140, W.C.P.R. owned by B.B. & I. Investments
LLC, Volume 3078, Page 662, O.P.R.W.C. Wichita County, Texas
for providing potable water to the citizens of Wichita Falls via the Permanent Reuse Pipeline
Project. This record vote applies to all units of property to be condemned.”
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover.
Nays: None
- - - - - - - -
Item 9f – Resolution #06-2015
11:16:31 AM
RESOLUTION NO. 06-2015
Resolution Determining the Necessity for Acquisition of Property for the Purpose of Permanent
and Temporary Utility Easements Necessary to Complete the Permanent Reuse Pipeline South
Project and Authorizing the Purchase.
Moved by Councilor Quintero that Resolution No. 06-2015 be passed.
Motion seconded by Councilor Dotson and carried by the following vote:
Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover.
Nays: None
- - - - - - - -
Item 12 – Appointment to the following Boards and Commissions
Lake Wichita Revitalization Committee
Moved by Mayor Barham to appoint Daniel Fitzwater to position #6 and Shannon Rutledge-
Hopkins to position #9, with terms to expire on December 31, 2016.
CITY COUNCIL MINUTES
January 6, 2015
Page 9
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, Quintero, and Hooker.
Nays: None
Landmark Commission
Moved by Councilor Smith to appoint Cindy Ramirez to position #2 for a term to expire
December 31, 2017, and to appoint Johnny Combs to position # 5 for a term to expire on
December 31, 2016.
Motion seconded by Councilor Dotson and carried by the following vote:
Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, Quintero, and Hooker.
Nays: None
Park Board
Moved by Mayor Barham to appoint James Ball to position #2 with term to expire
December 31, 2015, and to appoint Thomas Lang to position #11 with term to expire December
31, 2016.
Motion seconded by Councilor Ingle and carried by the following vote:
Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, Quintero, and Hooker.
Nays: None
Planning and Zoning Commission
Moved by Councilor Ingle to appoint Justin Jones to position #10 (alternate 1) with a
term to expire December 31, 2015.
Motion seconded by Councilor Hooker and carried by the following vote:
Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, Quintero, and Hooker.
Nays: None
Veteran’s Advisory Council
No action was taken on this item.
- - - - - - - -
Item 12 – Appoint Chairperson to the following Boards and Commissions
11:24:16 AM
Tax Increment Financing (TIF) District 2
Moved by Councilor Smith to reappoint Ben Filer as Chairman, with term to expire
December 31, 2015.
CITY COUNCIL MINUTES
January 6, 2015
Page 10
Motion seconded by Councilor Ingle and carried by the following vote:
Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, Quintero, and Hooker.
Nays: None
Tax Increment Financing (TIF) District 3
Moved by Councilor Dotson to reappoint Kenneth Haney as Chairman, with term to
expire December 31, 2015.
Motion seconded by Councilor Ingle and carried by the following vote:
Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, Quintero, and Hooker.
Nays: None
Zoning Board of Adjustment
Moved by Councilor Dotson to appoint Kerry Maroney, Jr. as Chairman, with term to
expire December 31, 2015.
Motion seconded by Councilor Smith and carried by the following vote:
Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, Quintero, and Hooker.
Nays: None
- - - - - - - -
Item 10a – Staff Council Discussion
There were no staff reports.
- - - - - - - -
Item 10b – Discussion of Items of Concern to Members of the City Council
11:25:09 AM
The following items of concern from members of the City Council were presented:
The councilors and mayor wished a happy new year to everyone.
Councilor Ingle said he appreciates the recognition given to the Public Works Department for
their hard work. He also congratulated the Police Department for 125 years.
Mayor Barham reminded everyone of the official ribbon cutting and “after hours” meeting at
the airport on January 15.
- - - - - - - -
Item 13 - Adjourn
City Council adjourned at 11:25:09 AM
CITY COUNCIL MINUTES
January 6, 2015
Page 11
PASSED AND APPROVED this 20th day of January, 2015.
_________________________________
Glenn Barham, Mayor
ATTEST:
____________________________________
Tracy B. Norr, MMC, City Clerk