Min 12/21/2010 176
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
December 21, 2010
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 -
Kevin Hugman - Assistant City Manager
Miles Risley City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Pastor Mike Rucker, Bible Baptist Church, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
The following three persons spoke about the attack by twp pit bulls against
a citizen last week. The victim is still being treated at Parkland Hospital in Dallas.
They requested that the vicious dog situation be looked into and that stiffer
penalties be applied in the animal ordinance; something needs to be done before
someone else is mauled and does not survive.
James Havens, 2603 Grant, friend of the victim's family
Roosevelt and Linda Gildon, 1403 New Haven, parents of the victim.
Mayor expressed sympathy to Mr. and Mrs. Gildon. He explained that the
Health Department, Police Department, and the Legal Department are doing
everything possible under the law and this incident is being investigated.
Items 4a -4b
Minutes of the following Council meetings were approved as distributed.
(a) December 7, 2010 Regular City Council Meeting
(b) December 14, 2010 Special City Council Meeting
177
Items 5-6e
Assistant 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 Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 5
RESOLUTION NO. 134-2010
Resolution Authorizing The Purchase of 2,000 Roll-Out Refuse Carts And 1,000
Yard Waste Carts Through The Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program From Schaefer Systems International, Inc., In
The Amount of$141,910.00
Items 6a-6e
Minutes of the following boards and commissions were received.
(a) Animal Shelter Advisory Committee, June 22, 2010
(b) Planning & Zoning Commission, August 11, 2010
(c) Planning & Zoning Commission, October 13, 2010
(d) Planning & Zoning Commission, November 10, 2010
(e) Park Board, October 28, 2010
Item 7a
ORDINANCE NO. 71 -2010
Ordinance Amending Chapter 110 Of The Code Of Ordinances
Of Wichita Falls To Modify The Regulation Of Taxicabs And
Other Regulation Of Vehicles For Hire, Repealing Conflicting
Ordinances, And Providing A Penalty of up to $500 Upon
Conviction
Moved by Councilor Ammons that Ordinance No. 71-2010 be passed.
Motion seconded by Councilor Roberts-Burns.
Following a lengthy discussion, Mayor called for a break in the discussion in order to
allow Boy Scout representatives to make a presentation.
Mr. Larry Petrash, member of the Boys Scout Board, gave a presentation on Boy
Scouts of America 1 W'Anniversary Celebration and reported on their accomplishments.
Matthew Otto, 2"d Class Scout, reported on previous year's events; and his father Mr. Aaron
Otto, District Executive for N.W. Texas Council of Boy Scouts, provided information on Boy
Scouts of America and the benefits of Boy Scouts. He thanked the organizations and
individuals who support Boy Scouts.
City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m.
Item 7a was continued at this time.
Moved by Councilor Hatcher to amend Section 110-75(a) and (b) of the proposed
ordinance by increasing the taxi vehicle age limits from 96 months to 120 months (a) for
regular vehicles and from 120 months to 144 months (b) for hybrids. Those two paragraphs
would read as follows:
178
Item 7a continued
(a) A franchise holder or driver shall not operate any vehicle as a permitted taxicab in
the City that is more than 120 months old, unless said vehicle is a hybrid electric
vehicle.
(b) A franchise holder or driver shall not operate any hybrid electric vehicle as a
permitted taxicab in the City that is more than 144 months old.
Motion seconded by Councilor Smith and carried by the following vote
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle,
I
and Ward
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8a was moved up and considered at this time.
Item 8a
RESOLUTION NO. 135-2010
Resolution Authorizing The City Manager To Execute A Contract With
The Humane Society Of Wichita County For Animal Adoption Services.
Moved by Councilor Hatcher that Resolution No. 135-2010 be passed.
r
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 7b
A proposed ordinance was presented amending Chapter 110,
Vehicles For Hire, to add Article III, "Prearranged Vehicles," and providing
a penalty of up to $500 upon conviction.
Moved by Councilor Hatcher that proposed ordinance be passed.
Motion seconded by Councilor Ammons.
It was noted that the "Prearranged Vehicles" section in the newly adopted
Vehicles for Hire Ordinance in Item 7a was removed from the Ordinance and if this
proposed ordinance is adopted it would place this section back in the Ordinance.
Motion failed by the following vote.
Ayes: None
Nays: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle,
and Ward
179
Item 7c
ORDINANCE NO. 72-2010
Ordinance Appropriating $116,000 To The Special Revenue Fund
For HIV Prevention Services, Received From The Texas
Department Of State Health Services HIV Prevention Grant, And
Authorizing The City Manager To Execute All Documents
Necessary To Accept Said Grant
Moved by Councilor Roberts-Burns that Resolution No. 72-2010 be passed. r
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8b
RESOLUTION NO. 136-2010
Resolution Approving The Transfer Of Various Aged Receivable
Accounts To Dormant Status As Part Of The City's Fiscal Year End
Closing Process and Authorize Collection Activities Thereon
Moved by Councilor Roberts-Burns that Resolution No. 135-2010 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8c
RESOLUTION NO. 137-2010
Resolution Authorizing The City Manager To Execute A
Professional Services Agreement With Biggs & Mathews, Inc For
Engineering Services For The City Of Wichita Falls Landfill For
Fiscal Year 2010-2011 In An Amount Of$70,000
Moved by Councilor Hatcher that Resolution No. 136-2010 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 9a
Thee were no Staff reports
Item 9b
Council members brought up the following matters.
180
Councilor Ammons:
a) Asked if the Humane Society adopts out pit bulls. Mrs. Lou Franklin
replied that she did not know but they adopt all breeds. Councilor
Ammons asked several questions regarding the pit bull incident and
expressed concern about vicious dogs; There is something wrong with
this issue. City Attorney informed that the State prohibits the City from
establishing a breed specific ordinance with requirements specific to pit
bulls. Mrs. Franklin explained the process used by the City and what
is/or is not allowed.
b) Thanked Kevin Hugman and Mickey Urinak who went above and
beyond on an issue; she appreciates their time and effort. She also
i` thanked Pat Hoffman
i
c) Wished everyone a Merry Christmas; enjoy the holidays.
Councilor Ingle:
a) Merry Christmas to everyone
b) Looking forward to riding with the Police.
c) Was encouraged to see the Boy Scout representatives here today and to
see that it is an expanding and growing program. Regrets not being able
to be more involved in the Scouts.
d) Thanked Kevin Hugman and staff for the work they have done for him.
e) Thanked Staff for all their work this year and wished everyone a great
Christmas
Councilor Hatcher:
a) Referred to the proposed ordinance on "Pre-arranged Vehicles" and
asked if a limousine chauffeur is required to have a special license? No.
b) Sympathized with Mr. and Mrs. Gildon and their son. He asked for
prayers for their son. He hopes those responsible for those dogs are held
accountable.
c) Mannheim Steamroller will be at Memorial Auditorium December 28.
Encouraged everyone to attend, you will not be disappointed.
d) Left turn on red at Arby's
Councilor Smith:
a) Merry Christmas and Happy New Year, Be safe and be careful
ul
Councilor Ward:
a) Wished everyone a Merry Christmas; looking forward to a family
Christmas
b) TXDOT is replacing lights on 1-44 and she hopes the City can use those
light poles to put them in along Beverly Dr. to the City limits.
Councilor Roberts-Burns:
a) Requested that Code Enforcement check on the abandoned gas station
at Rosewood and Harding.
b) Merry Christmas and a Happy New Year, Be safe.
Mayor Barham:
a) He has seen Mannheim Steamroller in concert and you will be very
pleased with the results.
b) Sympathized with the Gildon family. It is a tragic situation We have had
more than our share of vicious dog incidents, and we seem to be having a
lot of that lately. Hopefully that will turn the tide.
c) Merry Christmas and a Happy New Year to the entire community and our
City Staff, from the senior staff to the non-senior staff. We appreciate
your work, especially those of you who work on the front lines 24/7 365
days of the year; your efforts and work are appreciated. Be safe for those
of you who will be traveling.
E
Item 10
City Council went into Executive Session at 10:55 a.m, in accordance with
Section 551.074 of the Texas Government Code.
City Council reconvened at 11:00 a.m.
Mayor announced that no votes or polls were taken during Executive
Session.
181
Item 110
Moved by Councilor Hatcher that Mr. Trey Sralla be appointed to Place 9 of the
Construction Board of Adjustment and Appeals, with the term to expire December 31,
2013; and that Mr. Jose Garcia be placed in Place 13, term expires December 31, 2013.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
City Council adjourned at 11:01 a. m.
PASSED AND APPROVED this day of 2011.
MAYOR
ATTEST:
i
r
Lydia Ozuna
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Linda Ammons, Councilor At Large
Michael Smith, District 1
�r Dorothy Roberts-Burns, Mayor Pro Tern•/rL !� Rick Hatcher, District 3
icNf a Q Tim Ingle, District 4
��-tttt T E X A S Mary Ward, District 5
S/u�Skir�,.Cfelde�O��ettun��ie,.
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, December 21, 2010 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Pastor Mike Rucker
Bible Baptist Church
(b) Pledge Of Allegiance
3. 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.
4. Approval Of Minutes:
(a) December 7, 2010 Regular Meeting Of The Mayor And City Council
(b) December 14, 2010 Special Meeting Of The Mayor And City Council
CONSENT AGENDA
5. Resolution Authorizing The Purchase Of 2,000 Roll-Out Refuse #205
Carts And 1,000 Yard Waste Carts Through The Houston-
Galveston Area Council (H-GAC) Cooperative Purchasing
Program From Schaefer Systems International, Inc., In The
Amount Of$141,910.00
6. Receive Minutes
(a) Animal shelter Advisory Committee, June 22, 2010
(b) Planning & Zoning Commission, August 11, 2010
(c) Planning & Zoning Commission, October 13, 2010
(d) Planning & Zoning Commission, November 10, 2010
(e) Park Board, October 28, 2010
City Council Agenda
Tuesday, December 21, 2010
Page 2
REGULAR AGENDA
7. Ordinances
(a) Ordinance Amending Chapter 110 Of The Code Of #206
Ordinances Of The City Of Wichita Falls To Modify The
Regulation Of Taxicabs And Other Regulation Of
Vehicles For Hire, Repealing Conflicting Ordinances,
And Providing A Penalty Of Up To $500 Upon Conviction
(b) Ordinance Amending Chapter 110, Vehicles For Hire, Of #207
The Code Of Ordinances Of The City Of Wichita Falls, To
Add Article III, "Prearranged Vehicles", And Providing A
Penalty Of Up To $500 Upon Conviction
(c) Ordinance Appropriating $116,000 To The Special #208
Revenue Fund For HIV Prevention Services, Received
From The Texas Department Of State Health Services
HIV Prevention Grant, And Authorizing The City
Manager To Execute All Documents Necessary To
Accept Said Grant
8. Resolutions
(a) Resolution Authorizing The City Manager To Execute a #209
Contract With The Humane Society Of Wichita County
For Animal Adoption Services.
(b) Resolution Approving The Transfer Of Various Aged #210
Receivable Accounts To Dormant Status As Part Of The
City's Fiscal Year End Closing Process and Authorize
Collection Activities Thereon
(c) Resolution Authorizing The City Manager To Execute A #211
Professional Services Agreement With Biggs &
Mathews, Inc For Engineering Services For The City Of
Wichita Falls Landfill For Fiscal Year 2010-2011 In An
Amount Of$70,000
9. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
10. Executive Session In Accordance With Texas Government Code § 551.074
To Deliberate The Appointment, Employment, Evaluation, Reassignment,
Duties, Discipline, Dismissal Of A Public Officer Or Employee (Including,
City Council Agenda
Tuesday, December 21, 2010
Page 3
But Not Limited To Members Of The Construction Board of Adjustment and
Appeals)
11. Open Session To Consider Appointments To The Construction Board of
Adjustment and Appeals
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
2010 at o'clock (a.m.)(p.m.).
City Clerk