Min 11/02/2010 152
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
November 2, 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.
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Glenn Barham - Mayor
Dorothy Roberts-Burns - Mayor Pro Tern
Linda Ammons - Councilors
Michael Smith -
Rick Hatcher -
Timothy Ingle -
Mary Ward -
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Rev. Paul Goodrich, Pastor First United Methodist Church, gave the invocation.
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Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed November 5, 2010 and the month of November as
"Homeless'Awareness Month" in Wichita Falls. November 5, 2010 begins their
Capital Campaign with their"Night in the Box" event. Mayor encouraged
everyone to support the Faith Mission efforts by donating what they can. John
Welter and staff accepted the proclamation.
Item 3b
Mayor recognized Ms. Melodie Whitley, Code Enforcement Senior
Administrative Clerk, as Employee of the Month for November 2010. Mayor
presented Ms. Whitley with a plaque, a letter of appreciation, restaurant tickets,
' and a check.
Item 4
Valerie Rhodes, 1706 Avalon. Provided information on the Falls Ball being held
November 13 at MPEC and invited everyone to attend this event titled "A Night of
Champions" honoring champions of our community. Those being honored this year will be
Dan Gray, Phyllis Hiraki, Paul Rodriguez, Lindsey Walker, Josie Roberts, Miriam Mas and in
memoriam Charlye O. Farris. This event will benefit the East of the Falls Community
Development Corporation.
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Item 5
Minutes of the October 19, 2010 City Council meeting were approved as
distributed.
Items 6a-6d
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 Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 6a-6d
Minutes of the following boards and commissions were received.
a) Employee Benefit trust, August 16, 2010
b) City-County Public Health Board, August 27, 2010
c) Planning g& Zoning commission, September 8, 2010
d) Library Board, September 21, 2010
Mayor requested that Item 9c be moved up and considered at this time.
Item 9c
RESOLUTION NO.123-2010
Resolution Authorizing A Reduced Fee Or Fee Waiver For
Rental Of The Mobile Stage By The Wichita Falls Independent
School District For An Event November 4, 2010 At The Rider
High School
Moved by Councilor Roberts-Burns that Resolution No. 123-2010 be passed.
Motion seconded by Councilor Ammons.
Moved by Councilor Hatcher to amend the proposed resolution by inserting the
reduced fee of$216.00 in the blank.
Motion seconded by Councilor Roberts-Burns and carried by the following vote
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
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 7a
A pubic hearing was held on an Ordinance amending Article IX
of Chapter 106 on the Code of Ordinances which governs the City's
Storm Drainage Utility System.
Mayor declared the public hearing open.
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Item 7a continued
Public Works Director gave background on the storm drainage utility system as well
as the fee structure.
Councilor Hatcher is aware that improvements to drainage situations have to be
made, and everything we have done is good. In referring to the 60 projects on the list, he
commented that a good portion of these projects are things that will never happen because
over time things change. The list of projects will eliminate street flooding but many will not do
anything for home flooding. The proposed fee is more than doubling a fee that did not exist
l prior to 2001 and he has a concern with that. He asked if funds generated by these fees can
be used to address the problems we have in the flow of the river.
Mr. Schreiber replied that those funds can be used for that. The 60 projects on the
list date back to the 80's; he concurred with Councilor Hatcher that if development and land
uses change some of these projects do not become a high a priority and some will go off the
list. Some are small projects and some are enormous. Storm drainage was not given a lot of
consideration in the 60's and 70's. It is more expensive to go back in now that they are
developed than prior to putting in a development. He believes it is a service expected from
the public and expected to be provided by the City. The costs of these projects have just
outpaced what we are charging for this monthly fee. This fee is well below what other cities
are charging.
City Manager stated that we are now correcting problems from way back when these
developments first started. Good news is that our ordinances have changed so that any new
development has to address the drainage problems that the new development will create.
Eventually we will catch up and eliminate flooding in these areas.
Councilor Hatcher commented that cities would rather choose to take this approach
than increase the tax rate and it is something we will need to do. Mr. Schreiber informed that
this is an Enterprise Fund so that all these funds collected go to storm drainage problems.
Councilor Ammons asked if Tanglewood flooding will ever be addressed. Mr.
Schreiber responded that they will look at it with the USGS Study and River Study.
Tanglewood has always been in the flood plane and will always remain. We will do what we
can to prevent any additional flooding in that area but water goes to the lowest place and
Tanglewood is in the lowest place. If there is a solution we will find it.
Councilor Roberts-Bums asked if 7�'Street, M.L.K and Duncan Street will be included
in the study. Mr. Russell replied that they will.
Councilor Smith commented that this has been a problem for a long time and it takes
time to get this done because it is a long process. The process involves many entities that
have to sign off in various areas. There will be a meeting on this next week and he hopes
there are options the City can work with. Mr. Schreiber agreed with Councilor Smith adding
that this project is the scope of the Holiday Creek Project.
. Mayor mentioned a lady that lives on McNiel and every time there is significant rainfall
she has water in her front door, and if there is something we can do to alleviate that it would
behoove us to do that.
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
Item 7b
ORDINANCE NO. 58-2010
``- Ordinance Of The City Council Of The City Of Wichita Falls,
Texas, Amending Article IX Of Chapter 106 Of The Code Of
Ordinances Of The City Of Wichita Falls, Which Governs The
City's Storm Drainage Utility System, Providing For
Codification, And Declaring An Emergency And Effective Date
Moved by Councilor Ammons that Ordinance No. 58-2010 be passed.
Motion seconded by Councilor Ward and carried by the following vote
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle,
and Ward
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Item 7b continued
Nays: None
Item 8a
ORDINANCE NO. 59-2010
Ordinance Accepting $60,372.00 Of Grant Funds Pursuant To
The 2010 Edward Byrne Memorial Justice Assistance Grant
Program (Local Solicitation Award #2010-DJ-BX-0575),
Appropriating Said Funds To The Special Revenue Fund, And
Authorizing The City Manager To Execute All Documents
Necessary To Accept Said Funds And Share One-Half Of The
Amount Unused For Administrative Costs With Wichita County
Moved by Councilor Roberts-Burns that Ordinance No. 59-2010 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8b
ORDINANCE NO. 60-2010
Ordinance Appropriating $16,945 Of Grant Funds Received
From The Texas State Library And Archives Commission
(Loan Star Libraries Program) And Authorizing The City
Manager To Execute All Documents Necessary To Accept Said
Funds
Moved by Councilor Roberts-Burns that Ordinance No. 60-2010 be passed.
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 8c
ORDINANCE NO. 61-2010
Ordinance Accepting Grant Funds Through The Texas
Historical Commission In The Amount Of $5,625 To Research,
Revise, Collaborate And Produce Updated Design Review
Guidelines For Locally Designated Historic Districts And
Buildings, Directing The Use Of $5,625 Of Funds For City
Matching Requirements, Authorizing The Mayor And City
Manager To Execute All Documents Necessary To Accept This
Grant, And Authorizing The City Manager To Execute A
Consultant Services Contract With Hardy-Heck-Moore, Inc. To
Provide Said Guidelines
Moved by Councilor Robert-Burns that Ordinance No. 61-2010 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
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Item 8c continued
Nays: None
Item 8d
ORDINANCE NO. 62-2010
Ordinance Authorizing The City Manager To Execute
Professional Services Agreements With URS Corporation for
Terminal Area Design Services For the Wichita Falls Municipal
Airport And Appropriating $350,000 In Airport Equity Funds
and $402,654 in General Funds To Cover The Unbudgeted
Amount For This Project
Moved by Councilor Ammons that Ordinance No.62-2010 be passed.
Motion seconded by Councilor Smith.
Councilor Ingle gave reasons why he would vote against this proposed
ordinance. He felt that from a strategic perspective it would benefit the community and
SAFB to look at the idea of constructing a new regional airport with all the cargo capacity
and all the economic development away from SAFB. This would move us away from
SAFB and allow them to do their mission, allow us unlimited expansion and give us an
airport that could really take this City and this region in another direction.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, and
Ward
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Nays: Councilor Ingle
City Council recessed at 9:15 a.m. and reconvened at 9:35 a.m.
Item 9a
RESOLUTION NO. 121-2010
Resolution Approving A 20-Year Raw Water Purchase Contract
With The Wichita Valley Water Supply Corporation
Moved by Councilor Roberts-Burns that Resolution No. 121-2010 be passed.
Motion seconded by Councilor Smith and carried by the following vote
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Bums, Hatcher, Ingle,
and Ward
Nays: None
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�--• Item 9b
RESOLUTION NO. 122-2010
Resolution Approving Change Order No. 3 To The Cypress
Water Treatment Plant 2010 10MGD Conventional Treatment
Plant Project (CWF07-544-06) To Increase The Project's Scope
And Time, In An Amount Of$195,379.30
Moved by Councilor Roberts-Burns that Resolution No. 122-2010 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
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Item 9b continued
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 9d
RESOLUTION NO. 124-2010
Resolution Waiving The City's Allocation Of Volume Cap Authority
To Issue Recovery Zone Bonds Pursuant To The American Recovery
And Investment Act Of 2009.
Moved by Councilor Ammons that Resolution No. 124-2010 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
Councilor Ingle stepped out of Council Chambers.
Item 9e
RESOLUTION No. 125-2010
Resolution Awarding Bid For Installation Of The J.S. Bridwell
Agricultural Center Fire Protection System To Anthony Inman
Construction, Inc., In The Amount Of$290,000.00
Moved by Councilor Ammons that Resolution No. 125-2010 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher,
and Ward
Nays: None
Councilor Ingle returned to Council Chambers.
Item 10a
A Staff-Council discussion was held on the regulation of taxicabs,
Limousines, and Special Service Vehicles, Chapter 110 Vehicles for Hire.
Assistant City Manager Kevin Hugman began the discussion by detailing
items on a memo previously submitted to Council relating to changes that will be
included in the modified vehicle for hire ordinance.
Mr. Hugman continued by requesting Council input on questions included
in that memo. Following are the questions and Council consensus.
Limousine & Special service Vehicle Regulations
1. Should the City continue to franchise limousine services?
Consensus - Remove this requirement from the Ordinance.
2. If we stop franchising limos, do we wish to regulate minimum
standards for limos that are not related to safety and financial
responsibility (i.e. Provide for minimum appearance and operation
standards)?
Consensus - No
158
Item 10a continued
3. If we stop franchising limos, should we continue to have minimum City
insurance requirements?
Consensus I - Draft a permitting process with options of insurance
requirements and chauffeur permits.
4. If we stop franchising limos, should we continue to require a
chauffeur's license issued by the City to drive a limo?
Consensus - Provide options (See 3 above).
5. Should we continue to franchise and/or regulate "special service
vehicles"?
Consensus— Discontinue
Taxicab Regulations
1. Should we continue to franchise taxi companies?
Consensus - Continue to franchise.
2. If we continue franchising taxi companies, should we continue to limit a
person from having a pecuniary interest in more than one taxi
company?
Consensus— No
3. Should we continue to regulate the number of taxis that a franchised
company can operate if you decide to continue such regulation, should
the ordinance authorize some number of vehicles that can be added
administratively without modifying the franchise itself.
Consensus— No limit
4. Should we increase fees for taxi franchise/permits to a level that
provides for the enforcement requested by the taxicab operations?
Consensus—Yes
5. Should we create a civil penalty for taxicab regulation violations by
franchise/permit holder to provide a third option for enforcement that
reduce enforcement cost and pay for the cost of enforcement.
Consensus -Yes
6. Should we continue to allow"owner operators"?
Consensus— Franchise holder will be responsible for operation of
franchise and they are going to be responsible for meeting
ordinance requirements.
7. Should vehicle qualifications be strengthened or reduced?
Consensus - Remove 5 year age limit and make it 8 year age limit,
and 10 years on a hybrid
8. Should we continue to require a local insurance agent for out of state
insurance polices?
Consensus— No
9. Should we allow for alternative non-taximeter trip specific rates to be
charged?
Consensus -Yes
Council made the following suggestions.
a) Streamline vehicle permitting process.
b) Central location; 24/7 call and respond ability.
c) Placard inside cab with cab number, company phone number,
and regulatory agency with information on how to reach the City for
unresolved complaints
Item 10b
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Council presented the following concerns.
Councilor Roberts-Burns
a) Encouraged everyone to get out and vote today.
Councilor Ward
a) Mentioned the Pearlie Drive resurfacing and thanked the staff for all
they do.
Councilor Smith
a) Informed that the decision to move the bus service to Jolly was not a
City decision and it is not the City's bus service. The City is planning
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Item 10b continued
b.) to build a new transit center on Scott Street to bring that service back
into town.
c)Commended the Landmark Commission for the great job they do; have
been working on the brochure for about a year entitled "Touring Wichita
Falls History a Journey Through Time". The media kick off will be
November 18, at 10 a.m. at the Museum of North Texas History. He
thanked the Landmark Commission members who worked on that
brochure.
Councilor Hatcher r
a) Commended retiring Police Deputy Chief Gerald Todd and
congratulated incoming Police Deputy Chief Manuel Borrego. Several
others were recognized who manned the 9-1-1 calls when the
Hastings shootings occurred. Officer Joe Lemond received the
Certificate of Life for saving a one year old baby who was drowning.
They all did a great job.
b) Annual rival football game this weekend between Wichita Falls High
School and Rider High School; safety should be paramount. Police
Department will have zero tolerance.
c) Legal left turn on Arby's at red light.
Councilor Ingle
a) Congratulated the Taxi Oversight Committee for doing a great job on
the proposed recommendations.
b) District 4 Mayor's Town Hall meeting will be at Southern Hills
Elementary Thursday, November 11 at 7 p.m. He encouraged
everyone to attend, in particular District 4 residents.
Councilor Ammons
a) Mentioned that Officer Lemond and his wife are expecting a baby.
She enjoyed listening to Gerald Todd talk about his family, and when
you are police and fire not only are you a part of it your family is a part
of it and a big part of it.
b) She expressed appreciation to Cheryl Elliott for always getting here
through to the appropriate departments. She also expressed
appreciation to Kevin Hugman, Richard Garza, Pat Hoffman, and
Connie Kisner for helping her.
c) Wichita Falls was selected as one of the top ten most affordable
places to live in the U.S. We are fortunate to have a prudent Council,
County Commissioners, and School Districts who work together.
Hooray for us.
Mayor Barham
a) He worked with Gerald Todd for 28 years and they have had a good
relationship; wish him well with his new cigar endeavor.
b) Veteran's Day is November 11 and there will be a ceremony at 11 a.m.
at Memorial Stadium.
c) Trisha Golding, Joe Golding's wife, commended Library employee
Lana Horner for doing a great job and going the extra step to help
customers.
Items 10
City Council adjourned at 11:45 a.m.
PASSED AND APPROVED this A�,-day of �Abg..401 .
GLENN BARHAM
MAYOR
ST:
Lydia Ozuna
City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Linda Ammons, Councilor At Large
Michael Smith, District 1
Dorothy Roberts-Burns, Mayor Pro Temp
Uir
6
� Rick Hatcher, District 3
, S Tim Ingle, District 4
T E X A S Mary Ward, District 5
BkW'Skie,��/den 0��etfiun�tie,
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, November 2, 2010 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Reverend Paul Goodrich, Pastor
First United Methodist Church
(b) Pledge Of Allegiance
3. Presentations
(a) Homeless Awareness Day— Faith Mission, John Welter
(b) Employee of the Month - Melodie Whitley,
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. Approval Of Minutes Of The October 19, 2010 Regular Meeting Of The Mayor And
City Council
CONSENT AGENDA
6. Receive Minutes
(a) Employee Benefit Trust, August 16, 2010
(b) City-County Public Health Board, August 27, 2010
(c) Planning & Zoning Commission, September 8, 2010
(d) Library Board, September 21, 2010
City Council Agenda
Tuesday, November 2, 2010
Page 2
REGULAR AGENDA
7. (a) Public Hearing on an Ordinance Amending Article IX of Chapter 106
on the Code of Ordinances of the City of Wichita Falls Which
Governs the City's Storm Drainage Utility System
(b) Ordinance Amending Article IX Of Chapter 106 Of The #179
Code Of Ordinances Of The City Of Wichita Falls, Which
Governs The City's Storm Drainage Utility System,
Providing For Codification, And Declaring An
Emergency And Effective Date
8. Ordinances
(a) Ordinance Accepting $60,372 Of Grant Funds Pursuant #180
To The 2010 Edward Byrne Memorial Justice Assistance
Grant Program (Local Solicitation Award #2010-DJ-BX-
0575), Appropriating Said Funds To The Special
Revenue Fund, And Authorizing The City Manager To
Execute All Documents Necessary To Accept Said
Funds And Share '/2 Of The Amount Unused For
Administrative Costs With Wichita County
(b) Ordinance Appropriating $16,945 Of Grant Funds #181
Received From The Texas State Library And Archives
Commission (Loan Star Libraries Program) And
Authorizing The City Manager To Execute All
Documents Necessary To Accept Said Funds
(c) Ordinance Accepting Grant Funds Through The Texas #182
Historical Commission In The Amount Of $5,625 To
Update Design Review Guidelines For Locally
Designated Historic Districts And Buildings, Directing
The Use Of City Matching Funds, Authorizing City
Officials To Execute All Documents Necessary To
Accept This Grant and Execute A Consultant Services
Contract With Hardy-Heck-Moore, Inc. To Provide Said
Guidelines
(d) Ordinance Authorizing The City Manager To Execute #183
Professional Services Agreements With URS
Corporation for Terminal Area Design Services For the
Wichita Falls Municipal Airport And Appropriating
$350,000 In Airport Equity Funds and $402,654 in
General Funds For This Project
City Council Agenda
Tuesday, November 2, 2010
Page 3
9. Resolutions
(a) Resolution Approving A 20-Year Raw Water Purchase #184
Contract With The Wichita Valley Water Supply
Corporation
(b) Resolution Approving Change Order No. 3 To The #185
Cypress Water Treatment Plant 2010 10MGD
Conventional Treatment Plant Project (CWF07-544-06)
To Increase The Project's Scope And Time, In An
Amount Of$195,379.30
(c) Resolution Authorizing A Reduced Fee Or Fee Waiver #186
For Rental Of The Mobile Stage By The Wichita Falls
Independent School District For An Event November 4th
At The Rider High School
(d) Resolution Waiving The City's Allocation Of Volume Cap #187
Authority To Issue Recovery Zone Bonds Pursuant To
The American Recovery And Investment Act Of 2009
(e) Resolution Awarding Bid For Installation Of The J.S. #188
Bridwell Agricultural Center Fire Protection System To
Anthony Inman Construction, Inc., In The Amount Of
$290,000
10. Other Council Matters
(a) Staff Council Discussion:
Regulation of Taxicabs, Limousines, and Special Service Vehicles
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. 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
City Council Agenda
Tuesday, November 2, 2010
Page 4
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