Min 08/17/2010 113
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
August 17, 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 -
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Chaplain Perfecto Sevilla, Disabled American Veterans, Chapter 41, gave the
invocation.
Item 2b
Joel Jimenez, Commander Chapter 41 Disabled American Veterans, led in the
Pledge of Allegiance.
Commander Jimenez invited everyone to attend one of the events sponsored by
Mr. Harold White and Mr. Steve Briley honoring the veterans which will be held August
24 at the Red Door at noon.
Item 3
Steve Dixon, 1029 Harris Lane spoke on the Wrecker Ordinance; a copy of his
statement is on file in the City Clerk's Office.
Al Palmatary, 5300 Summit Drive requested individual meetings with the City
Council members to discuss the wrecker service.
Item 4
City Council Minutes of August 3, 2010 were approved as distributed.
Items 5a-5c
City Manager gave a briefing on the items listed under the Consent Agenda.
t
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Items 5a-5c continued
Moved by Councilor Ward that the Consent Agenda be approved.
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
Minutes of the following boards and commissions were received.
(a) MPO Transportation Policy Committee, May 5, 2010
(b) Employee Benefits Trust Board, June 22, 2010
(c) Wichita Falls Economic Development Corp. (4A), July 20, 2010
Item 6a
A Public Hearing was held on a request from Claudio Ramirez, Jr. DBA
Wichita Star Taxi for a taxicab franchise with 15 vehicle permits.
Mayor declared the public hearing open.
City Clerk provided information on Mr. Ramirez, Jr.'s request; Mr. John
Burrus presented his traffic- transportation report.
Mr. Ramirez, Jr., 2401 McNiel stated his request to Council. Council
questioned Mr. Ramirez, Jr. on various areas of his application and proposed
operation.
The following persons spoke against issuing a franchise.
Charles Elmore, 1133 Crescent
Kirk Darnell, 1909 Ardath
Lee Weaver, 1569 Mesquite
The following persons spoke in favor of issuing a franchise.
Ambrosio Barboza, 1711 Elizabeth
Art Sutterly, 4305 Craigmont
Richard Self, Montague County
Minnie Ramirez, 2401 McNiel
Mayor called for additional public comments. There being none, Mayor
declared the public hearing closed.
Item 6b
ORDINANCE NO. 42-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Granting A Franchise For A Taxicab Service To Claudio Ramirez, Jr. dba
Wichita Star Taxi
Moved by Councilor Ward that Resolution No. 42-010 be passed.
Motion seconded by Councilor Roberts-Burns.
Moved by Councilor Smith to mend the proposed resolution to
authorize a taxi franchise to Mr. Claudio Ramirez, Jr. dba Wichita Star Taxi
vehicles for six months and that City staff assess, analyze and evaluate the
current Vehicle for Hire Ordinance and come back to Council with a new
ordinance before six months from this date. In addition that the phrase "to expire
August 17, 2017" be removed from the proposed ordinance. Councilor Smith
included the franchise expiration date as February 17, 2011 for 15 vehicles.
Councilor Hatcher asked if this ordinance would go into effect thirty days
from today. City Attorney informed that it would so the expiration date would be
March 17, 2011. Councilor Smith concurred to change the franchise expiration
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Item 6b continued
date to March 17, 2011.
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
Mr. Ramirez, Jr. requested that they be allowed to begin operating
immediately in order to provide cab transportation to S.A.F.B. personnel.
City Attorney informed that an emergency can be declared for public
safety or health reasons but the emergency has to be stated.
Moved by Councilor Ward to amend the motion declaring an emergency
in the health and welfare of the citizens of Wichita Falls; being important for the
purpose of insuring sufficient transportation in an immediate fashion this
ordinance would be effective immediately upon adoption.
Councilor Smith stated that being the case he suggested changing the
expiration date to February 17, 2011. Councilor Ward agreed to that modification
to her motion.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: Mayor Barham
Main motion as amended carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
City Council recessed at 10:10 a.m. and reconvened at 10:30 a.m.
Item 10b was moved up and considered at this time.
Item 10b
RESOLUTION NO. 94-2010
Resolution Nominating Howmet Castings & Services, Inc. To The Office
Of The Governor, Economic Development And Tourism Through The
Economic Development Bank For Designation As An Enterprise Project
(Project) Under The Texas Enterprise Zone Program Under The Texas
Enterprise Zone Act, Chapter 2303, Texas Government Code (Act)
Moved by Councilor Hatcher that Resolution No. 94-2010 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 10b continued
Nays: None
Item 10c
RESOLUTION NO. 95-2010
Resolution Nominating PPG Industries, Inc. To The Office Of The
Governor, Economic Development And Tourism Through The Economic
Development Bank For Designation As An Enterprise Project (Project)
Under The Texas Enterprise Zone Program Under The Texas Enterprise
Zone Act, Chapter 2303, TEXAS GOVERNMENT CODE (Act)
Moved by Councilor Roberts-Burns that Resolution No. 95-2010 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 10d
RESOLUTION NO. 96-2010
Resolution Nominating Latex Foam International, LLC. To The Office Of
The Governor, Economic Development And Tourism Through The
Economic Development Bank For Designation As An Enterprise Project
(Project) Under The Texas Enterprise Zone Program Under The Texas
Enterprise Zone Act, Chapter 2303, TEXAS GOVERNMENT CODE (Act)
Moved by Councilor Smith Resolution No. 96-2010 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 10a
RESOLUTION NO. 93-2010
Resolution Approving The Programs And Expenditures Of The Wichita
Falls Economic Development Corporation (WFEDC), And Amending The
Budget As Appropriate
Moved by Councilor Hatcher that Resolution No. 93-2010 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
117
Item 7
A Public Hearing was held on the proposed increase in Wichita Falls Transit
System Fares.
Mayor declared the public hearing open.
Mr. John Burrus provided background and detailed information on this
request.
Councilor Smith asked about considerations for MSU and VRJC employees. Mr.
Burrus will add this to this program. Councilor Smith suggested looking into this if there
is a demand.
Mr. Burrus informed that MSU has shuttle service on campus but will discontinue
off-campus shuttle service and we are looking into a route that the most any student
would have to wait is 20 minutes and that includes transfers. This is on the current
route; we are already providing a route to students who are living at the apartments.
They can be services without changing current routes.
Councilor Ammons asked about a route to loop Taft. Mr. Burrus commented that
they need to educate students on the current routes; we can drop them off on Taft in
time for them to catch the on-campus shuttle. If the demand, 100-150 students, is there
we can re-evaluate that area; we need the numbers and the funding.
Mayor called for additional public comments. There being none, Mayor
declared the public hearing closed.
Item 8a
A Public Hearing was held on the FY 2010-2011 Transit Grant for Capital,
Planning and Operating Assistance for the Wichita Falls Transit System.
Mayor declared the public hearing open.
Mr. John Burrus provided information on this grant.
Mayor called for additional public comments. There being none, Mayor
declared the public hearing closed.
Item 8b
ORDINANCE NO. 43-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Appropriating $1,370,576 In Federal Funds And $302,699 In State Funds
For The FY 2010 Budget Transit System Fund And Authorizing The City
Manager To Execute all documents necessary to accept Federal Transit
Administration and Texas Department of Transportation funding for said
System
Moved by Councilor Ward that Ordinance No. 43-2010 be passed.
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 9a
ORDINANCE NO. 44-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
118
Item 9a continued
Appropriating $24,634 To The Special Revenue Fund For The
Tuberculosis Program Of The Wichita Falls-Wichita County Public Health
District
Moved by Councilor Ammons that Ordinance No. 44-2010 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 9b
ORDINANCE NO. 45-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Appropriating A Texas Transportation Enhancement Program Grant From
TX DOT For Two Sections Of The Circle Trail Project Along Barnett Road
And Seymour Highway In An Amount Of $2,477,629 Into A Special
Revenue Account For Circle Trail Construction And Authorizing The City
Manager To Execute Other Documents Necessary To Accept Said Grant
And Commit The 20% Match
Moved by Councilor Ward that Ordinance No. 45-2010 be passed
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 10e
RESOLUTION NO. 97-2010
Resolution Awarding Bid and Contract For The 2010 CDBG Waterline
Replacement Project (CWF10-204-07) to Whitewater Construction, in an
estimated total amount of $600,762.00
Moved by Councilor Hatcher that Resolution No. 97-2010 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 11 a
There were no staff reports.
Item 11 b
Council brought up the following matters.
Councilor Ammons:
119 `
Item 11 b continued
a) Proposed night club and alcohol issue. City Manager provided an update.
b) Police monitoring dumpsters and grass in storm drains being a reality. Police
Chief explained the problems with this. If citizens know who is doing this, they should
contact the City and give the name and address and the staff will send that person a
letter.
c) Vote for Wichita Falls postcard on Texas Monthly web.
Councilor Ingle:
a) Warning siren on the southern alley of Brookdale and Catalina Drive.
Councilor Hatcher:
a) Are commercial dumpster tenants paying pro-rata? Public Works Director
informed that it was pro-rata.
b) Can turn left on red at Arby's. Mayor added Kell East and Broad.
Councilor Smith:
a) Ranch Roundup and Hotter'N Hell Hundred next two weekends. Put out the
welcome mat and be respectful and helpful.
Councilor Ward:
a) Complimented Code Enforcement, in particular Danny for doing a great job of
mowing in District 5.
b) Planning & Zoning approved request for Grace Church to build a new chapel.
c) Call complaining about the smell of dogs being atrocious. Health will check
into that.
Councilor Roberts—Burns:
a) Code Enforcement issues at 1400 block of Smith Street and at Woods
Street and Rosewood Street.
Mayor Barham:
a) Congratulated Legal for crossing a big hurdle on the Zarnow law suit
b) Congratulated Fire Chief Foster and his staff for a reduction in ISO rating
c) Kell West Freeway exit to Fairway, TXDOT to relocate exit back 500 feet to
the east. It is a TXDOT project.
Item 12
City Council went into executive session at 12:16 p.m. in accordance with
Texas Government Code §551.071, §551.072, and §551.087.
City Council reconvened at 1:15 p.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 13
Moved by Councilor Hatcher that the following persons be appointed to the
Traffic Safety Commission with terms as noted.
Mr. Glen Eickman, Place 16, Term to expire December 31, 2010
Mr. Charles Grady, Place 17, No term expiration.
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
120
Item 14
A work session was conducted to consider Proposed FY 2010-2011 Budget.
Following City Manager comments, presentation by Mr. Jim Dockery and
questions from Council, the following resolution was considered.
Item 15
RESOLUTION NO. 98-2010
Resolution Expressing The City Council's Intent To Place A Proposal On A
Future Council Agenda Approving A Property Tax Rate That Exceeds The Notice
And Public Hearing Limit; Scheduling Two Public Hearings, And Establishing The
Date To Vote On Same
Moved by Councilor Roberts-Burns that Resolution No. 98-2010 be
passed with the insertion of the figure $0.62526 per $100 valuation, in the blank.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Ingle, and
Ward
Nays: Councilor Hatcher
It was noted that this Resolution calls for two public hearings on the FY
2010-2011 Budget to be held at 8:30 a.m. September 7, 2010 and September 14,
2010.
Item 16
Work session concluded on this date without the need to reconvene on
Wednesday or Thursday.
City Manager expressed appreciation to the Council for the work they put into
this budget and made himself available to answer any questions.
Item 17
City Council adjourned at 3:00 p.m.
PASSED AND APPROVED this day of_� d c e.� 2010.
GLENN BARHAM
MAYOR
ATTEST:
ydia Oauna
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 Tern
Rick Hatcher, District 3
Tim Ingle, District 4
T E X A S Mary Ward, District 5
S/u�Skie,C/o/denO��e�tun�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, August 17, 2010 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Chaplain Perfecto Sevilla
Disabled American Veterans, Chapter 41
(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 Of August 3, 2010 Regular Meeting Of The Mayor And
City Council.
CONSENT AGENDA
5. Receive Minutes
(a) MPO Transportation Policy Committee, May 5, 2010
(b) Employee Benefits Trust Board, June 22, 2010
(c) Wichita Falls Economic Development Corp. (4A), July 20, 2010
REGULAR AGENDA
6. (a) Public Hearing On Request From Claudio Ramirez, Jr.
DBA Wichita Star Taxi For A Taxicab Franchise With 15
Vehicle Permits
City Council Agenda
August 17, 2010
Page 2
(b) Ordinance Granting or Refusing a Franchise for a #135
Taxicab Service to Claudio Ramirez, Jr. dba Wichita Star
Taxi
7. Public Hearing For The Proposed Increase In Wichita Falls
Transit System Fares
8. (a) Public Hearing For The FY 2010-2011 Transit Grant For
Capital, Planning And Operating Assistance For The
Wichita Falls Transit System
(b) Ordinance Appropriating $1,370,576 In Federal Funds #136
And $302,699 In State Funds For The FY 2010 Budget
Transit System Fund And Authorizing The City Manager
To Execute All Documents Necessary To Accept Federal
Transit Administration And Texas Department Of
Transportation Funding For Said System
9. Ordinances
(a) Ordinance Appropriating $24,634 To The Special #137
Revenue Fund For The Tuberculosis Program Of The
Wichita Falls-Wichita County Public Health District
(b) Ordinance Appropriating A Texas Transportation #138
Enhancement Program Grant From TxDOT For Two
Sections Of The Circle Trail Project Along Barnett Road
And Along Seymour Highway In An Amount Of
$2,477,629 Into A Special Revenue Account For Circle
Trail Construction And Authorizing The City Manager To
Execute Other Documents Necessary To Accept Said
Grant And Commit The 20% Match
10. Resolutions
(a) Resolution Approving The Programs And Expenditures #139
Of The Wichita Falls Economic Development
Corporation (WFEDC), And Amending The Budget As
Appropriate
City Council Agenda
Tuesday, August 17, 2010
Page 3
(b) Resolution Nominating Howmet Castings & Services, #140
Inc. To The Office Of The Governor, Economic
Development And Tourism Through The Economic
Development Bank For Designation As An Enterprise
Project (Project) Under The Texas Enterprise Zone
Program Under The Texas Enterprise Zone Act, Chapter
2303, Texas Government Code (Act)
(c) Resolution Nominating PPG Industries, Inc. To The #141
Office Of The Governor, Economic Development And
Tourism Through The Economic Development Bank For
Designation As An Enterprise Project (Project) Under
The Texas Enterprise Zone Program Under The Texas
Enterprise Zone Act, Chapter 2303, Texas Government
Code (Act)
(d) Resolution Nominating Latex Foam International, LLC #142
To The Office Of The Governor, Economic Development
And Tourism Through The Economic Development Bank
For Designation As An Enterprise Project (Project)
Under The Texas Enterprise Zone Program Under The
Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code (Act)
(e) Resolution Awarding Bid And Contract For The 2010 #143
CDBG Waterline Replacement Project (CWF10-204-07)
To Whitewater Construction, In An Estimated Total
Amount Of$600,762
11. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
12. Executive Sessions:
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 Excalibur Paint & Coatings Retention and Expansion
Project and Bedding Manufacturer Project)
Executive Session in accordance with Texas Government Code § 551.072, to deliberate the
purchase, exchange, lease, or value of real property interests due to the fact that deliberation in
an open meeting would have a detrimental effect on the position of the City in negotiations with a
third party (including, but not limited to, the purchase and/or value of actual or potential real
City Council Agenda
Tuesday, August 17, 2010
Page 4
property security interests related to Excalibur Paint & Coatings Retention and Expansion Project
and Bedding Manufacturer Project)
Executive Session in accordance with Texas Government Code § 551.087, to discuss or
deliberate the offer of a financial or other incentive to a business prospect that the City Council
seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with
which the City and/or economic development corporations created by the City are conducting
economic development negotiations (including, but not limited to, proposed Excalibur Paint &
Coatings Retention and Expansion Project and Bedding Manufacturer Project)
13. Open Session to Appoint Members to the Traffic Safety Commission
14. Work Session to Consider Proposed FY 2010-2011 Budget
15. Resolution Expressing The City Council's Intent To Place A #144
Proposal On A Future Council Agenda Approving A Property
Tax Rate That Exceeds The Notice And Public Hearing Limit;
Scheduling Two Public Hearings, And Establishing The Date
To Vote On Same
16. Recess And Reconvene On Wednesday, August 18, 2010, At 8:30 A.M., And
Thursday, August 19, 2010, At 8:30 A.M., If Necessary.
17. 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.
City Council Agenda
Tuesday, August 17, 2010
Page 5
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