Min 08/02/2011 274
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
August 2, 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
Reverend Cheryl Murray, Wesley United Methodist Church gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed August 8-12, 2011 as "Health Center Week in Wichita Falls".
Item 3b
Mayor recognized Sgt. John Spragins, Police Department Patrol Supervisor, as Employee of the
Month for August 2011. Mayor presented Sgt. Spragins with a plaque, a letter of appreciation, restaurant
tickets, and a check.
Item 4
Charles Elmore, 1133 Crescent, stated that funds were available to purchase the 108 acres/Hawk
Ridge property, and he would like to the City to purchase these property for park land. He will go before the
Park Board and see what they want to do.
Loyd Alexander, 4100 Wrangler, also spoke in favor of purchasing the 108 acres property
275
Item 4 continued
The following persons requested that Council review the Animal Ordinance to address humane
treatment of animals, in particular during the hot summer heat; need to refine and reform this ordinance with
enforcement authority:
Jan Herzog, 3703 Seymour Rd., Lisa Goldberg, 1528 Mesquite, and Kelly Mestas, 5235 Kingston
Staff was directed to look into this as an emergency situation to refine the ordinance and place on
Council's August 16 meeting, if possible.
Item 5a
Minutes of the June 22, 2011 special Council meeting were approved as distributed.
Item 5a
Minutes of the July 19, 2011 regular Council meeting were approved as distributed.
Items 6a-6b
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ingle that the Consent Agenda be approved.
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
Items 6a-6b
Minutes of the following boards and commissions were received.
(a) City County Public Health Board, May 20, 2011
(b) Board of Adjustment, June 15, 2011
Item 7a
A public hearing was held to receive public comments concerning the proposed PY 2011 Action
Plan of the Consolidated Plan to allocate HOME Investment Partnership Program (HOME) funds in the
amount of$487,069, Community Development Block Grant (CDBG) funds in the amount of$1,285,144
and re-allocate $448, 908.50 in PY 2010 CDBG Funds.
Mayor declared the public hearing open.
Community Development Director Norm Standerfer informed that this was the second required
public hearing. The Outside Agency Committee has had a difficult year in trying to come to a
recommendation for the Council and it is going to get more difficult each year. We had a diminution of
about !6% in CDBG Funds this year and probably will see more of that as the Federal government
continues their budget cutting at the National level. The issue facing the Outside Agency Committee
was the diminution of$180,000 over the prior year. 19 individual grant requests were received
exceeding actual funds by $1.2 million, and the Committee was only able to recommend 13 precise
projects. Mr. Standerfer enumerated the recommendations from the Committee, which are as follows:
CDBG: Non-Profit Agencies
Senior Citizens Services of North Texas/Meals On Wheels Program $ 57,000.00
Child Care, Inc/Child Care Subsidies for Low-Income Working Families $135,771.60
Christmas in Action/Home Repair for Low-Income Elderly and Disabled $ 30,000.00
Senior Citizens/Vent-A-Hood for Meals on Wheels Kitchen $ 15,000.00
Early Head Start/Circular Driveway, Sidewalk, Fence $ 40,000.00
276
Item 7a continued
CDBG: City Departments
Building & Code Enforcement/Demolition and Clearance of Structures $250,000.00
Building & Code Enforcement/Code Enforcement Administration & Operational costs $105,000.00
Public Works/Replacement of Failing Waterlines $557,252.10
Building Maintenance / Handicapped Ramp for Memorial Auditorium $ 52,000.00
Public Works / CDBG Concrete Training Crew $100,000.00
Grant Administration/Operational &Administrative Costs for CDBG-eligible activities $257,028.80
Minor Repair Program/Minor Home Repair for Low-Income Homeowners $ 85,000.00
Emergency Repair Program/Immediate Need Home Repair for Low-Income $ 50,000.00
Households
HOME Program
First-Time Homebuyer Program with Minor Repair/Acquisition costs for Down
Payment, Closing Costs, Principle Buy-down, Minor Repair $263,801.75
CHDO Affordable Housing Program / Mortgage Buy-Down for Habitat Buyers $101,500.00
CHDO Set-Aside/Statutory 15% of Entitlement Amount $ 73,060.35
HOME Administration / Operational &Administrative Costs for HOME-eligible Activities $ 48,706.90
David Brock, 320 Hill Top, expressed concern about the Administrative Costs, Training Crew costs,
demolition of houses and not spend anything to build up that district nor helping small businesses. .
Mayor called for additional comments. There being none, Mayor declared the public hearing closed.
Item 7b
RESOLUTION NO. 66-2011
Resolution Approving The PY 2011 Action Plan Of The Consolidated Plan Of The City Of
Wichita Falls To Allocate PY 2011 HOME Investment Partnership Program (HOME) Funds In
The Amount Of $487,069 and Community Development Block Grant (CDBG) Funds In The
Amount Of $1,285,144, and Re-allocate $448,908.50 In PY 2010 CDBG Funds Received As
Entitlement Grants From The U.S. Department Of Housing And Urban Development (HUD)
Moved by Councilor Roberts-Burns that Resolution No. 66-2011 be passed.
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
City Council recessed at 9:30 a.m. and reconvened at 9:45 a.m.
Item 8a
ORDINANCE NO. 37-2011
Ordinance Amending Chapters 42 And 48 Of The Code Of Ordinances Of The City Of Wichita
Falls, Relating To Ambulances; Providing For A Penalty Not To Exceed $2,000 Per Violation;
And Providing For Codification
Moved by Councilor Roberts-Burns that Ordinance No. 37-2011 be passed.
Motion seconded by Councilor Hatcher.
Health Director Lou Franklin submitted the following corrections to the proposed ordinance:
Definitions— "Primary facility: change Wichita County to Wichita Falls
Section 42-3 (1): Change "its" to "a".
Section 42-21(a): Remove "following" and "as"
Moved by Councilor Hatcher to amend the proposed ordinance as follows:
Definitions — "Primary facility: change Wichita County to Wichita Falls. Sentence would read: "
Primary facility means a fixed facility from which the primary administrative operations of the ambulance
service in Wichita Falls are conducted and at which ambulances are parked, stored, repaired, or maintained."
277
Item 8a continued
Section 42-3 (1): Change "its" to "a". Sentence would read: "Have a primary facility located in the
territorial limits of Wichita Falls."
Section 42-21(a): Remove "following" and "as". Sentence would read: "Before an ambulance permit is
issued to operate an ambulance service in the city, the franchise holder shall procure and furnish to the
Director and shall thereafter keep in full force and effect the insurance coverage required by the State of
Texas."
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
Main motion as amended carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 8b
ORDINANCE NO. 38-2011
An Ordinance Of The City Council Of The City Of Wichita Falls, Texas, ("City") Approving A
Negotiated Resolution Between The Atmos Cities Steering Committee ("ACSC" Or "Steering
Committee") And Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" Or "Company")
Regarding The Company's Fourth Annual Rate Review Mechanism ("RRM") Filing In All Cities
Exercising Original Jurisdiction; Declaring Existing Rates To Be Unreasonable; Adopting Tariffs
That Reflect Rate Adjustments Consistent With The Negotiated Settlement And Finding The
Rates To Be Set By The Attached Tariffs To Be Just And Reasonable; Requiring The Company
To Reimburse Cities' Reasonable Ratemaking Expenses; Repealing Conflicting Resolutions Or
Ordinances; Determining That This Ordinance Was Passed In Accordance With The
Requirements Of The Texas Open Meetings Act; Adopting A Savings Clause; Declaring An
Effective Date; And Requiring Delivery Of This Ordinance To The Company And The Steering
Committee's Legal Counsel
Moved by Councilor Hatcher that Ordinance No. 38-2011 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 8c
ORDINANCE NO. 39-2011
Ordinance Amending Article VIII, "Stormwater Management," Of Chapter 106 Of The Code Of
Ordinances Of The City Of Wichita Falls; Adopting A Stormwater Design Manual; Providing For
Severability; Providing A Penalty Not To Exceed $2,000 Per Violation; And Providing For
Codification.
Moved by Councilor Roberts-Burns that Ordinance No. 39-2011 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
278
Item 9a
RESOLUTION NO. 67-2011
Resolution Awarding Bid For The Purchase Of Five Ford Focus Sedans To Sam Pack's Five
Star Ford In The Amount Of$72,170.00
Moved by Councilor Hatcher that Resolution No. 67-2011 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 9b
Resolution No. 68-2011
Resolution Authorizing And Approving The Appointment And Reappointment Of Individuals To
The Board Of Directors Of The Nortex Housing Finance Corporation.
Moved by Councilor Hatcher that Resolution No. 68-2011 be passed.
Motion seconded by Councilor Ingle 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. 69-2011
Resolution To Request Funding From The Wichita Falls 4B Sales Tax Corporation For Park
Improvements In City Council District 5 In An Amount Of Up To $318,000
Moved by Councilor Ward that Ordinance No. 69-2011 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 10
Moved by Councilor Hatcher that Sgt. Toby Catlin be appointed to Place 5 of the Traffic Safety
Commission with no expiration date. Sgt. Catlin will be the Texas Department of Public Safety representative
replacing Trooper Tony Fulton. .
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
279
Item 11 a
The following staff reports were presented.
Mr. Ignacio Cadena, P.E., Freese and Nichols, Inc. presented an update on the Sewer Digester Project.
A copy of his presentation is on file in the Office of the City Clerk.
Public Works Director Russell Schreiber presented a Review of the Drought Process. A copy of this
review is on file in the Office of the City Clerk.
Community Development Director Norm Standerfer presented a review of the Proposed Sign
Ordinance Amendment.
City Attorney Miles Risley presented information on the Redistricting Plan recommended by the
Redistricting Advisory Committee.
Item 11 b
Council members brought up the following matters.
Councilor Smith:
a.) Hotter "N Hell Hundred is coming up, is there anything we can do with the lot where the old
Imperial Motel was, possibly place a sign indicating what is coming to that location? City
Manager said they would do that.
b.) Drought Contingency Plan is something the citizens really need to be thinking about
especially the 11 a-6p restricitons.
c.) Referred to the Animal Ordinance about keeping animals shaded; and informed that Big Lots
has large umbrellas for$7; go check that out.
d.) Pray for rain.
Councilor Ward:
a) Stated that if it is available, she is in favor of the purchase of Hawk Ridge property
Councilor Hatcher:
a) We need to look at the park situation as to how it sits with the proposed redistricting plan to
make sure parks are balanced throughout the five districts..
b) He is concerned about the Police, Fire, and all City employees working outside in this heat.
c) Encouraged everyone to take care of their pets and keep them cool and watered.
d) Castaway Cove is doing great this year.
e) Was saddened about the passing of Mark Howell; he was a tremendous guy and
conservationist, marine biologist, and a significant individual in our community. He served on
the Parks Board and has done a lot of great things. A suggestion was made that he be
memorialized by naming a body of water after him, however, this ordinance restrictive. As an
alternative, name the proposed pavilion at the Southwest Parkway pond after Mark Howell.
Parks Director Jack Murphy agreed that was a suitable memorial project. Councilor Hatcher
would like to have this done, and encouraged supporters to donate so this project can be done.
Councilor Ingle:
a) Was in favor of expediting the review of the Animal Ordinance.
b) Expressed concern about the continued deterioration of a street section at the Windthorst exit;
probably needs to have concrete to fix it.
c) The bridge at Love's is getting very busy, probably another bridge or extension would be
worthwhile. Staff will pass this on to TXDOT
d) White stop lines at 111" and Brook Streets need to be repainted.
Mayor Barham:
a) Ranch Roundup and Blue Grass Festival coming up. Bob Sullivan added that the Gun & Knife
Show would be held this weekend at MPEC.
Item 12
City Council went into Executive Session at 11:52. a.m. in accordance with Texas Government
Code §551.071.
City Council reconvened at 12:31 p.m.
Mayor announced that no votes or polls were taken during Executive Session.
280
City Council adjourned at 12:32 p.m.
PASSED AND APPROVED this 16" day of August 2011.
MAYOR
ATTEST:
Lydia Ozuna
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor '
Dorothy Roberts-Burns, Mayor Pro Tern !-f
Michael Smith, District 1
Annetta Pope, District 2
~r Rick Hatcher, District 3
• Tim Ingle, District 4
Mary Ward, District 5
T E X A S
S/rr�Ski�C��/de�0�yo-rtun�7ie5 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, August 2, 2011 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Reverend Cheryl Murray, Pastor
Wesley United Methodist Church
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation — Health Center Week
(b) Employee of the Month — John Spragins, Police
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 22, 2011 Special Meeting Of The
Mayor And City Council
(b) Approval Of Minutes Of The July 19, 2011 Regular Meeting Of The
Mayor And City Council
CONSENT AGENDA
6. Receive Minutes
(a) City County Public Health Board, May 20, 2011
(b) Board of Adjustment, June 15, 2011
REGULAR AGENDA
7. (a) Second and Final Public Hearing To Receive Public Comments
Concerning The Proposed PY 2011 Action Plan Of The Consolidated
Plan To Allocate HOME Investment Partnership Program (HOME)
Funds In The Amount Of $487,069, Community Development Block
Grant (CDBG) Funds In The Amount Of $1,285,144 And Re-allocate
$448,908.50 In PY 2010 CDBG Funds.
(b) Resolution Approving The PY 2011 Action Plan Of The #110
Consolidated Plan Of The City Of Wichita Falls To
Allocate HOME Investment Partnership Program (HOME)
Funds In The Amount Of $487,069 and Community
Development Block Grant (CDBG) Funds In The Amount
Of $1,285,144 And Re-allocate $448,908.50 In PY 2010
CDBG
8. Ordinances
(a) Ordinance Amending Chapters 42 And 48 Of The Code #111
Of Ordinances Of The City Of Wichita Falls, Relating To
Ambulances
(b) Ordinance Approving A Negotiated Resolution Between #112
The Atmos Cities Steering Committee And Atmos
Energy Regarding The Company's Fourth Annual Rate
Review Mechanism Filing
(c) Ordinance Amending Article Vill, "Stormwater #113
Management," Of Chapter 106 Of The Code Of
Ordinances Of The City Of Wichita Falls and Adopting a
Stormwater Design Manual With a 6-Year Phase-in for
Stormwater Detention Volumes
9. Resolutions
(a) Resolution Awarding Bid For The Purchase Of Five Ford #114
Focus Sedans To Sam Pack's Five Star Ford In The
Amount Of$72,170.00
(b) Resolution Authorizing And Approving The Appointment #115
And Reappointment Of Individuals To The Board Of
Directors Of The Nortex Housing Finance Corporation
(c) Resolution to request funding from the Wichita Falls 4B #116
Sales Tax Corporation for Park Improvements in City
Council District 5 in an amount of up to $318,000
PAGE 2 OF 4 PAGES
CITY COUNCIL AGENDA
10. Appoint Member to the Following Boards and Commissions:
• Traffic Safety Commission
11. Other Council Matters
(a) Staff Council Discussion
• Update on Sewer Digester Project (Public Works)
• Review of Stage 1 Drought Process (Public Works)
• Review of Proposed Sign Ordinance Amendment (Community
Development)
(b) Discussion Of Items Of Concern To Members Of The City Council.
12. Executive Session in accordance with Texas Government Code
§551.071, consultation with attorney on matter involving pending or
contemplated litigation or other matter in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Texas Open
Meetings Act (including, but not limited to, legal issues related to election
scheduling and claims and litigation).
13. 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.
PAGE 2 OF 3 PAGES
CITY COUNCIL AGENDA
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
PAGE 4 OF 4 PAGES
CITY COUNCIL AGENDA
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, Mayor Pro Tern
Michael Smith, District 1 L.
Annetta Pope, District 2 .'
Rick Hatcher, District 3
!/ Tim Ingle, District 4
�C , it 5' Mary Ward, District 5
T E X A S
B/ueSkiesCf�den0�w�tun��ie, Darron Leiker, City Manager -
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
SUPPLEMENTAL NOTICE
OF ADDITIONAL ITEM
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, August 2, 2011 Beginning At 8:30 A.M.
Notificacion De La Junta Regular Del Alcalde Y El Consejal De La Ciudad De Wichita
Falls, Tejas, Que Se Llevara Acabo En La Camara Del Consejal, Edificio Municipal, 1300
Calle Siete, El Martes 2 De Agosto 2011 Empiezo A Las 8:30 De La Mariana.
Item # Bill #
11. (a) Staff Council Discussion:
• Redistricting of City Council Districts and Voting Precincts
• Redistribucion de los Distritos del Consejal y Precintos de Votacion
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