Min 06/01/2010 81
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
June 1, 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
Michael Smith - Councilors
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
Reverend Charlie Thomason, Pastor of Faith Village Church of Christ, gave the
invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed June 5, 2010 as "Downtown Retail Merchants
Association Day in Wichita Falls". Marcia Bernhardt accepted the proclamation;
Glenda Tate, Dave Tracy, and Cynthia Laney were also in attendance.
Item 3b
Mrs. Carla Bolin, Ms. Lindsay Greer, and Mr. Kevin Hugman presented the
City with a City of Wichita Falls flag in recognition of the "Pride in the Falls
Campaign". Mayor Barham accepted the flag on behalf of the City and expressed
appreciation to all involved in this campaign.
Item 3c
Mayor recognized Dee VanWinkle, Convention Services Manager,
Convention & Visitors Bureau, as Employee of the Month for June 2010. Mayor
presented Ms. VanWinkle with a plaque, a letter of appreciation, restaurant
tickets, and a check.
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Item 4
No one signed up to speak under"Comments from the Public".
Item 5
Minutes of the May 18, 2010 City Council meeting were approved as distributed.
Items 6a-6e
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Hatcher that the Consent Agenda be approved.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
Items 6a-6d
Minutes of the following boards and commissions were received.
(a) Aviation Advisory Board, January 21, 2010
(b) MPO Transportation Policy Committee, January 27, 2010
(c) Planning & Zoning Commission, April 14, 2010
(d) 4B Sales Tax Corporation, February 19, 2010
Item 7
ORDINANCE NO. 32-2010
Ordinance Amending Appendix B, Zoning, Of The Wichita Falls Code Of
Ordinances To Amend Section 3010, Add Sections 3900 Through 3945,
And Amend Section 5420, Which Will Establish A Commercial Corridor
Zoning District And Provide Regulations To Govern Said District
Moved by Councilor Ingle that Ordinance No. 32-2010 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
Item 8a
RESOLUTION NO. 68-2010
Resolution Supporting AT&T Texting And Driving Awareness Campaign
And Joining AT&T In Its Efforts To Educate The Public Of The Dangers
Of Texting While Driving
Moved by Councilor Roberts-Burns that Resolution No. 68-2010 be passed.
Motion seconded by Councilor Hatcher.
Larry Drennan, AT&T representative spoke in favor of this resolution.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
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Item 8b
RESOLUTION NO. 69-2010
Resolution Approving The Programs And Expenditures Of The Wichita
Falls 4B Sales Tax Corporation Board Of Directors, And Amending The
Budget Of Said Corporation To Account For These Expenditures
Moved by Councilor Hatcher that Resolution No. 69-2010 be passed.
Motion seconded by Councilor Smith.
Carlana Fitch, #3 Flat Top Circle, spoke in favor of this resolution.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
Item 8c
RESOLUTION NO. 70-2010
Resolution Authorizing The City Manager To Apply For And Accept A
State Of Good Repair Initiative Grant From The Federal Transit
Administration Under The Fiscal Year 2010 Discretionary Bus And Bus
Facilities Program To Purchase Two 35-Foot, Low-Floor Transit Buses
Moved by Councilor Roberts-Burns that Resolution No. 70-2010 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
Item 8d
RESOLUTION NO. 71-2010
Resolution Authorizing The City Manager To Apply For And Accept A
National Infrastructure Investments Grant From The U.S. Department Of
Transportation Under The Fiscal Year 2010 Appropriations Act For The
Construction Of A New Passenger Terminal Facility At The Wichita Falls
Municipal Airport
Moved by Councilor Ward that Resolution No. 71-2010 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
Item 8e
RESOLUTION NO. 72-2010
Resolution Awarding the Bid For The 2010 Street Rehabilitation Project
(CWF10-100-06) to Bobby Bounds Excavation, in an estimated total
amount of$1,501,854
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Item 8e continued
Moved by Councilor Hatcher that Resolution No. 72-2010 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
Item 8f
RESOLUTION NO. 73-2010
Resolution Awarding The Bid For The 2010 Alley Rehabilitation Project
(CWF10-530-09) To McGrath Brothers Concrete In An Estimated Total
Amount Of $362,121.20
Moved by Councilor Hatcher that Resolution No. 73-2010 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
Mayor moved Item 10 to be considered at this time.
Item 10
City Council went into Executive Session at 9:55 a.m. in accordance with Texas
Government Code Sections 551.071 and 551.074,
City Council reconvened at 10:34 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 8g
RESOLUTION NO. 74-2010
Resolution Making An Appointment To The Position Of City Councilor At
Large
Moved by Councilor Hatcher that Resolution No. 74-2010 be passed.
Motion seconded by Councilor Ingle.
Moved by Councilor Smith that Mrs. Linda Ammons be appointed to the
position of Councilor at Large. The blank in the Resolution would be filled with
Mrs. Linda Ammons' name.
Motion seconded by Councilor Roberts-Burns and carried by the following
vote.
Ayes: Mayor Barham, Councilors Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
City Clerk will administer the Oath of Office to Mrs. Ammons immediately after
Council meeting.
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Item 9a
There were no staff reports.
Item 9b
Councilor Ingle mentioned the Wichita Cares Project, which involves
helping the families of military personnel deployed to combat locations; he is
going to discuss this further with the SAFB Military Affairs, but would like for the
City to be involved in this.
Councilor Hatcher welcomed Mrs. Ammons back to the Council. He
mentioned that there were 15 qualified persons who wanted to serve our City and
he encouraged them to get involved on City boards and commissions or any area
of interest to them. He thanked them for their interest.
Councilor Smith thanked General Mannon for his two years of service at
SAFB. Change of Command ceremony will take place June 16. He congratulated
him and wished him good luck in his new duty in Florida.
Councilor Smith requested a fire fighter staff and police officers' analysis
similar to the one Council received two years ago. He would like for Council to
have that information before they go into the budget work.
Councilor Smith mentioned an editorial in the May 17 Times Record News
titled "You Promised; Now it is Time to Deliver". He read several items mentioned
in the article referring to communication, collaboration, searching for new
companies, beautification of our City, things to do in our City, street repairs, and
the grain elevator eye sore. He responded to those items noting that City staff
does a good job of communicating to our citizens; he believes the Chamber does
an excellent job looking for new industry and new jobs, there is collaboration.
Council and staff have worked hard for many years to beautify our City, and staff
has given Council many options and opportunities to beautify our City; it is a work
in progress but it takes money. There are plenty of things to do in the form of
entertainment in Wichita Falls. He noted that the City does have a lot of road
maintenance to do. We have had many ways to get rid of the eye sore, the grain
elevator, but it takes money whatever we do with it. Councilor Smith feels that
we are delivering to our citizens.
Councilor Smith looks forward to having the Dog Park recommendation
come before Council for action.
Councilor Ward agreed with Councilor Ingle regarding our contact with
SAFB and appreciates what they contribute to our City and would like to see the
City contribute more to SAFB.
Councilor Ward heard that a film company was interested in coming in and
imploding the grain elevator to use in a film; that would be a good way to get rid of
it. It is an eye sore.
Councilor Ward feels there will be a lot of good things happening this year
in our City.
Councilor Roberts-Burns mentioned young males who wear their trousers
below their waist, especially at Sikes Senter, and she wanted to know what can
be done about that.
Mayor Barham congratulated Teresa Rose who was promoted to major in
the reserves. Mayor Barham wished John Burrus a happy birthday.
Mayor Barham thanked Terry Points, Parks Department, and Deputy Chief
Gerald Todd, Police Department, for representing their departments in Council
this morning.
City Council adjourned at 11:00 a.m.
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PASSED AND APPROVED this d5 day of 2010.
GLENN BARHAM
MAYOR
ATTEST:
ydia Ozuna
City Clerk
NOTICE OF MEETING
Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls,
Texas, To Be Held In The City Council Chambers Of The Memorial
Auditorium, 1300 Seventh Street, On Tuesday, June 1 , 2010 Beginning At
8:30 A.M.
City Council: Mayor Glenn Barham, Councilors Michael Smith, Dorothy
Roberts-Burns, Rick Hatcher, Tim Ingle, and Mary Ward
1. Call To Order
2. (a) Invocation: Charlie Thomason, Pastor
Faith Village Church of Christ
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation — Downtown Retail Merchants Association Day —
Marcia Bernhardt, Glenda Tate
(b) Presentation of City Flag — Pride in the Falls Campaign —
Carla Bolin
(b) Presentation of Employee of the Month — Dee VanWinkle,
Convention & Visitors Bureau
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 May 18, 2010 Regular Meeting Of The Mayor
And City Council.
CONSENT AGENDA
6. Receive Minutes
(a) Aviation Advisory Board, January 21 , 2010
(b) MPO Transportation Policy Committee, January 27, 2010
(c) Planning & Zoning Commission, April 14, 2010
(d) 4B Sales Tax Corporation, February 19, 2010
City Council Agenda
Tuesday, June 1, 2010
Page 2
REGULAR AGENDA
7. Ordinance Amending Appendix B, Zoning, Of The Wichita Falls Code
Of Ordinances To Amend Section 3010, Add Sections 3900 Through
3945, And Amend Section 5420, Which Will Establish A Commercial
Corridor Zoning District And Provide Regulations To Govern Said
District (Council Bill #100)
8. Resolutions
(a) Resolution Supporting AT&T Texting And Driving Awareness
Campaign And Joining AT&T In Its Efforts To Educate The Public
Of The Dangers Of Texting While Driving (Council Bill # 101)
(b) Resolution Approving The Programs And Expenditures Of The
Wichita Falls 4B Sales Tax Corporation Board Of Directors, And
Amending The Budget Of Said Corporation To Account For These
Expenditures (Council Bill # 102)
(c) Resolution Authorizing The City Manager To Apply For And
Accept A State Of Good Repair Initiative Grant From The Federal
Transit Administration Under The Fiscal Year 2010 Discretionary
Bus And Bus Facilities Program To Purchase Two 35-Foot, Low-
Floor Transit Buses (Council Bill # 103)
(d) Resolution Authorizing The City Manager To Apply For And
Accept A National Infrastructure Investments Grant From The
U.S. Department Of Transportation Under The Fiscal Year 2010
Appropriations Act For The Construction Of A New Passenger
Terminal Facility At The Wichita Falls Municipal Airport (Council
Bill # 104)
(e) Resolution Awarding the Bid For The 2010 Street Rehabilitation
Project (CWF10-100-06) to Bobby Bounds Excavation, in an
estimated total amount of $1 ,501 ,854 (Council Bill # 105)
(f) Resolution Awarding the Bid for the 2010 Alley Rehabilitation
Project (CWF10-530-09) to McGrath Brothers Concrete in an
estimated total amount of $362,121.20 (Council Bill # 106)
(g) Resolution Making An Appointment To The Position Of City
Councilor At Large (Council Bill # 107)
9. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City
Council.
City Council Agenda
Tuesday, June 1, 2010
Page 3
10. 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, contemplated
litigation involving vehicle accident at intersection of Midwestern
Parkway & Jacksboro Highway)
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, but not limited to, Councilor At Large)
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 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