Min 07/05/2011 260
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
July 05, 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
Michael Smith - Councilors
Annetta Pope -
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
Brother John Fernandez, Faith Village Church of Christ, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed July 5, 2011 as "Wild Bird Rescue Day." Elizabeth Holly, president,
accepted the proclamation for their organization.
Item 3c
Mayor recognized Mr. Michael Jensen, Senior Engineering Technician, Public Works-
Engineering, as Employee of the Month for July 2011. Mayor presented Mr. Jensen with a
plaque, a letter of appreciation, restaurant tickets, and a check.
Item 4
Charles Elmore, 1133 Crescent, requested that Council schedule an executive session at their
July 19, 2011 council meeting to acquire 107+ acres at Hawk Ridge for park land. Park Board has
voted to recommend this purchase.
261
David Brock, 320 Hilltop, spoke about problems he has had with the Police Department
where a police officer did not know the law regarding a stolen trailer. Also his wife and a semi trailer
were involved in an accident at Love's Truck Stop but there was an issue with the police report and in
trying to have the report rewritten the officers did not know the law. He is concerned that officers do not
take the time to read the law. There is an ongoing problem with the trucks out there and he asked
anyone who has problems with the trucks in front of Love's and Flying J, to call the Mayor. He asked
that Council look into how reports are written and the arrogance of the officers when people out there
know the law and the officers do not.
Item 5a
Minutes of the June 21, 2011 Council meeting were approved as corrected.
Item 5b
Minutes of the June 22, 2011 Special Council meeting will be considered for approval on July 19,
2011.
Items 6a-6b
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Roberts-Burns that the Consent Agenda be approved.
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 6a
RESOLUTION NO. 58-2011
Resolution Awarding The Bid For The Rehabilitation Of Lift Station No. 2
(CWF11-550-02) To Wichita Contractors, Inc., In An Estimated Total Amount Of
$78,410.00.
Item 6b
RESOLUTION NO. 59-2011
Resolution Awarding Bid For The City's Estimated Annual Requirement Of
Automotive Lubricating Oils And Grease To Western Marketing, Inc., In The
Amount Of Approximately $138,332.25
Items 7a-7b
Minutes of the following boards/commissioners were received.
a) Board of Adjustment, March 16, 2011
b) Landmark Commission, May 24, 2011
Item 8a
ORDINANCE NO. 32-2011
Ordinance Repealing Section 82-103 Of The Code Of Ordinances, Which
Currently Restricts Fishing In Ponds In South Weeks Park To Catch And Release
262
Moved by Councilor Hatcher that proposed Ordinance No. 32-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Pope, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8b
ORDINANCE NO. 33-2011
Ordinance Amending Chapters 22 And 50 Of The Code Of Ordinances Of The
City Of Wichita Falls To Adopt And Amend Portions Of The 2009 International
Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code, Residential
Code, Existing Building Code, Fire Code, And The 2006 International Energy
Conservation Code; Providing For A Penalty Not To Exceed $2,000 Per
Violation; And Providing For Codification
Item 8b continued
Moved by Councilor Roberts-Burns that proposed Ordinance No. 33-2011 be amended.
Motion seconded by Councilor Smith.
David Brock, 320 Hilltop, requested Section 104 be expanded to include commercial and allow
property owners to work on their rental property.
Moved by Councilor Ingle that proposed Ordinance No. 33-2011 be amended as follows:
a) Remove requirement for general liability insurance from the table (Section 104.3).
b) Modify the first sentence of Section 104.3 to read — "Section 104.3 Bond and insurance
requirements. Any person or entity required to be registered as a contractor who seeks to
acquire any building permit for a type of work identified in the table below shall first furnish
the building official with a compliance bond, a statement of whether or not said contractor
maintains general liability insurance, and if so, a copy of the certificate of insurance, as
well as proof of any bond and insurance that is required by state law. The aforementioned
documents will be publicly available in response to a citizen inquiry. ".
c) Delete Section 104.3.2. "Insurance Standards".
d) Section 104.2 (3.) Delete"and insurance".
e) Section 104.2 (5) Delete"and insurance".
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Pope, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Barham, Councilors Pope, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
City Council recessed at 9:30 a.m. and reconvened at 9:45 a.m.
Item 8c
ORDINANCE NO. 34-2011
Ordinance Appropriating $1,330,000 From General Fund Reserves For The Cost
Of Acquiring Lot 1, Block 1, Thompkins Addition From Strategic Services, Inc.,
Ratifying The Purchase Contract With Said Corporation, Providing For Execution
263
Of Related Documents, Providing For Severability, Declaring An Emergency, And
Declaring An Effective Date
Moved by Councilor Roberts-Burns that Ordinance No. 34-2011 be passed.
Item 8c continued
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes:Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 9a
RESOLUTION NO. 60-2011
Resolution Authorizing The Wichita County Appraisal District To Reappraise
Property Damaged In Fires That Occurred In Wichita Falls On April 15, 2011, As
Declared In The Governor's Disaster Declaration
Moved by Councilor Hatcher that Resolution No. 60-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 9b
RESOLUTION NO. 61-2011
Resolution Authorizing The City Manager To Execute A Memorandum Of Understanding
With Noresco, LLC., To Conduct An Audit And Provide The City With A Report That
Details Potential Energy Conservation Measures And Related Equipment Modernization
With Implementation Costs That Can Be Repaid With Energy Savings, Rebates,
Incentives, And Grants, In An Amount Of$60,000
Moved by Councilor Roberts-Burns that Resolution No. 61-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 9c
RESOLUTION NO. 62-2011
Resolution Initiating The Process Of Redistricting City Council Districts And
Voting Precincts, Establishing Criteria For Redistricting, And Appointing A
Citizens Advisory Committee To Provide Advice And Public Input With Respect
To Said Redistricting Process
264
Moved by Councilor Ingle that Resolution No. 62-2011 be passed by inserting the following
names in the blanks for the Citizens Advisory Committee: Mark Lam, June O'Hare, Ted Buss, Troy
Farris, Jim Newsome, Joel Jimenez, and Robert Seabury.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
City Council recessed at 10: 25 a.m. and reconvened at 10:30 a.m.
Item 10a
Community Development Director Norm Standerfer gave an update on proposed revisions to
the Sidewalk Ordinance. Proposed changes are— 1) Exempt residential property (2 acres). 2) Interface
with the TXDOT on their right of ways regarding City putting in sidewalks; 3) Allow Director ability to
administratively exempt 200-200 ft. piece of sidewalk; and 4) Remove escrow requirement
City Manager informed that proposed changes will be on a future Council agenda.
Item 10b
Council members brought up the following matters.
Councilor Pope:
1) Constituent's letter requesting that the River Road Waste Water Treatment Plant Retrofit
Project be completed and consideration to include in 2012 Budget. Letter was from Ms.
Arthur Beatrice Williams but she was out of town and unable to be at today's meeting. City
Manager stated that it was on this morning's budget work session.
2) Handicap access to sidewalks beside churches and housing authorities— notify her.
3) Report trucks working on your property that have been left there for lengthy periods of time.
Obtain the name of the business and report to your councilor.
Councilor Ward:
1) Thanked Mrs. O'Hare for agreeing to serve on the Citizens Advisory Committee; appreciates
everyone in District 5.
Item 10b continued
Councilor Smith:
1) Our City is getting more litter by the day in particular Kell, 1-287, 1-281, 1-44. Do not know
who is doing that but let's see what we can do about it.
2) Hats off to Fire Department, Police Department, citizens of Wichita Falls and Wichita County
for cooperating on not setting off any fireworks during the July 4 holiday.
3) Have completed the City Hall window project and would like to see the savings we are going
to receive from that.
4) Would like to see how we are doing on Castaway Cove. Kevin Hugman informed that the
attendance has been running above budget; we are doing good.
5) Referred to the drought criteria; Stage 2 is where we stop watering City parks, I would like
for us to continue watering the trees because of the investment we have. As we get to
Stage 2, let's discuss that.
Councilor Hatcher:
1) Everybody water according to the drought criteria; we also sell water.
2) Troubled about the vandalism at the Skate Park and hope that can be resolved.
3) Street lights appear to be not working along Old Burk Road and on MLK. John Burrus
informed that there was a factory default in selection of LED fixtures and the company is
working with us on that.
4) Had a good time at Kell House 4th of July Celebration and the parade; good time and good
patriotic opportunity.
Councilor Ingle:
1) Commended all the crews working outside and thanked them for their work especially in this
heat.
265
2) Watering on the medians with water running onto the streets. City Manager asked that it
be reported to the City; most of the time it is broken sprinkler heads.
3) Request from citizen in Canyon Trails to check on speedsters.
Councilor Roberts-Burns:
1) Thanked the citizens for not using fireworks during July 4 holiday and for having such a safe
holiday.
Mayor Barham:
1) Cooperation of citizens of Wichita Falls, County and surrounding counties is appreciated.
2) Window retrofit comments are that there is no noise pollution and temperature is better.
3) Water situation -we do not get to Stage 1 until we hit 60% and we are still 7 weeks: away
from that. We are in good shape.
Item 11
Pre-Budget Workshop began at 11:00 a.m.
Council recessed for lunch at 12:00 p.m. and reconvened at 1:00 p.m.
Item 12
City Council adjourned at 2:55 p.m.
PASSED AND APPROVED this day of 2011.
MAYOR
ATTEST:
v
Lydia Ozuna
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, Mayor Pro Tern
Michael Smith, District 1 Po
Annetta Pope, District 2
~� Rick Hatcher, District 3
• Tim Ingle, District 4
�C ,4 �CJ' Mary Ward, District 5
T E X A S
P>/u�Ski�Cf�lde�0y�e�tun�7ie, 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, July 5, 2011 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Charlie Thomason, Pastor
Faith Village Church of Christ
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation —Wild Bird Rescue Day
(b) Employee of the Month — Michael Jensen - Engineering
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. (a) Approval Of Minutes Of The June 21, 2011 Regular Meeting Of The Mayor
And City Council
(b) Approval Of Minutes Of The June 22, 2011 Special Meeting Of The Mayor
And City Council
CONSENT AGENDA
6. Resolutions
(a) Resolution Awarding the Bid For The Rehabilitation Of #97
Lift Station No. 2 (CWF11-550-02) To Wichita
Contractors, Inc., In An Estimated Total Amount Of
$78,410.00
(b) Resolution Awarding Bid For The City's Estimated #98
Annual Requirement Of Automotive Lubricating Oils
And Grease To Western Marketing, Inc., In The Amount
Of Approximately $138,332.25
7. Receive Minutes
(a) Board of Adjustment, March 16, 2011
(b) Landmark Commission, May 24, 2011
REGULAR AGENDA
8. Ordinances
(a) Ordinance Repealing Section 82-103 Of The Code Of #99
Ordinances, Which Currently Restricts Fishing In Ponds
In South Weeks Park To Catch And Release
(b) Ordinance Amending Chapters 22 And 50 Of The Code #100
Of Ordinances Of The City Of Wichita Falls To Adopt
And Amend Portions Of The 2009 International Building
Code, Plumbing Code, Mechanical Code, Fuel Gas Code,
Residential Code, Existing Building Code, And Fire
Code, And The 2006 International Energy Conservation
Code
9. Resolutions
(a) Resolution Authorizing The Wichita County Appraisal #101
District To Reappraise Property Damaged In Fires That
Occurred In Wichita Falls On April 15, 2011, As Declared
In The Governor's Disaster Declaration
(b) Resolution Authorizing The City Manager To Execute A #102
Memorandum Of Understanding With Noresco, LLC., To
Conduct An Audit and Provide the City With A Report
That Details Potential Energy Conservation Measures
And Related Equipment Modernization with
implementation costs that can be repaid with energy
savings, rebates, incentives, and grants, in an amount of
$60,000
(c) Resolution Initiating The Process Of Redistricting City #103
Council Districts And Voting Precincts, Establishing
Criteria For Redistricting, And Appointing A Citizens
Advisory Committee To Provide Advice And Public Input
With Respect To Said Redistricting Process
CITY COUNCIL AGENDA
PAGE 2 OF 3 PAGES
10. Other Council Matters
(a) Staff Council Discussion
• Update on Proposed Revisions to Sidewalk Ordinance
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. Pre-Budget Workshop
12. 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 3 OF 3 PAGES
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Linda Ammons, Councilor At Large
Michael Smith, District 1
Dorothy Roberts-Burns, Mayor Pro Tern
Rick Hatcher, District 3
Tim Ingle, District 4
T E X A S Mary Ward, District 5
B/u�Skie,Cr�1de�0���rtun��ie,
Darron Leiker, City Manager
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
Supplemental 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, July 5, 2011 Beginning At 8:30 A.M.
Addendum to Regular Agenda
8. (c) Ordinance Appropriating $1,330,000 From General Fund #104
Reserves For The Cost Of Acquiring Lot 1, Block 1,
Thompkins Addition From Strategic Services, Inc.,
Ratifying The Purchase Contract With Said Corporation,
Providing For Execution Of Related Documents,
Providing For Severability, Declaring An Emergency,
And Declaring An Effective Date
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