Min 07/20/2010 100
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
July 20, 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
Linda Ammons - Councilors
Michael Smith -
Rick Hatcher -
Tim Ingle -
Mary Ward -
Dorothy Roberts-Burns - Absent
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Reverend Bob Rogers, Pastor, First Assembly of God Church, gave the
invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
No one signed up under public comments.
Item 4
City Council Minutes of July 6, 2010 were approved as distributed.
Items 5a-5b
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ward that the Consent Agenda be approved.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Hatcher, Ingle, and Ward
Nays: None
101
Items 5a-5b continued
Minutes of the following boards and commissions were received.
(a) Employee Benefit Trust, April 21, 2010
(b) Landmark Commission, May 25, 2010
Item 6a
A final Public Hearing was held to receive public comments concerning
the proposed 2010-2015 Consolidated Plan and the 2010-2011 Annual Action
Plan to allocate HOME Investment Partnership Program (HOME) Funds in the
amount of $552,275 Community Development Block Grant (CDBG) Funds in the
amount of$1,531,250, and re-allocate $400,000 in FY 2009 CDBG Funds.
Mayor declared the public hearing open.
Mr. Michael Uriniak, CDBG/HOME Administrator, informed that the Annual Action
Plan and the Five Year Consolidated Plan was being presented for Council's
consideration. The Five-Year Plan is required by HUD and it outlines the needs of the
community and priorities of our community and establishes the categories that can be
funded in the coming years.
Mr. Urinak introduced Mr. James Gilliland, Consultant for JQuad Planning Group.
Mr. Gilliland gave a power point presentation on the background of the Consolidated
Plan and its purpose. A copy of this presentation is on file in the Office of the City Clerk.
Councilor Smith commented on the issue that the figures used throughout the
handout were based on the 2000 Census figures, and based on that; it seems like we
are doomed every 5 years.
Mr. Gilliland explained that it is a HUD requirement that the most recent census
data be used in the development of the plan. There are many areas where they
supplemented the 2000 censuses with annual census updates through 2008 on things
like income, poverty, housing conditions, and other facts. You can adjust throughout the
year with any census update; however the 2010 Census data will not be available until
2013.
Mayor called for additional public comments. There being none, Mayor
declared the public hearing closed.
Item 6b
RESOLUTION No. 85-2010
Resolution Approving The 2010-2015 Consolidated Plan And 2010-2011
Annual Action Plan Of The City Of Wichita Falls, Including Any And All
Revisions To The Plans Approved By U.S. Department Of Housing And
Urban Development (HUD), Which Allocate Community Development
Block Grant (CDBG) Funds In The Amount Of $1,531,250 and HOME
Investment Partnership Program (HOME) Funds In The Amount Of
$552,275, And Re-allocate $400,000 In FY 2009 CDBG Funds;
Authorizing Submission Of These Plans To HUD; And Authorizing The
City Manager To Execute All Documents Necessary To Implement The
Approved Plans
Moved by Councilor Hatcher that Resolution No. 86-2010 be passed.
Motion seconded by Councilor Smith.
Mark Masmon, Executive Director for Christmas in Action, expressed
appreciation for placing Christmas in Action to receive CDBG Funds.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Hatcher, Ingle, and Ward
Nays: None
102
Item 8a was moved up and considered at this time.
Item 8a
RESOLUTION NO. 86-2010
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. 87-2010 be passed
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Hatcher, Ingle, and Ward
Nays: None
Item 10a was moved up and considered at this time.
Item 10a
City Council went into Executive Session at 9:21 a.m. in accordance with
Texas Government Code § 551.071, § 551.072, and § 551.087.
City Council reconvened at 9:54 a.m.
Mayor announced that no polls or votes were taken during Executive
Session.
Councilor Ammons was not in attendance throughout the rest of the
meeting.
Item 7a
ORDINANCE No 36-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Article VIII, Wrecker Businesses, of Chapter 26 Of The Code
Of Ordinances; and Providing For A Penalty Not To Exceed $500 Per
Violation
Moved by Councilor Hatcher that Ordinance No. 37-2010 be passed.
Motion seconded by Councilor Smith.
Gene Douglas, Attorney for USA Towing & Recovery, L.L.C. owned by
Gary Mills, provided background information regarding Mr. Mills' application to be
placed on the City's rotation list. He noted that Mr. Mills had complied with all the
City's requirements and that his application should be grandfathered under the
current Wrecker Ordinance, not this one being considered today.
Clifford Bridwell, Attorney for Dolores and Al Palmatary, stated that he had
only received the information this morning and requested that this ordinance be
tabled until he has had ample time to review it.
John Vasquez, representing Big Daddy's Wrecker, addressed several
items and recommended several changes to the proposed ordinance.
Al Palmatary requested that this ordinance be tabled for further
discussion.
Gary Mills, USA Towing, 5907 Taft, stated that he had met all the City's
requirements and he should not be denied to be on the rotation list.
103
Item 7a continued
Norman Cochran, 4651 Sierra Madre, commented that all this should have
been resolved before bringing it before City Council. It sounds like one person
owns the majority of the wrecker service and is trying to eliminate the small
businesses; that is monopolizing.
Steve Dixon, 1029 Harris, stated that Jody Wade is monopolizing the
wrecker business. He requested a copy of Chapter 15, Business and Commerce.
After a lengthy discussion the following action was taken.
Moved by Councilor Hatcher that proposed ordinance be amended by
deleting the last two sentences in Section 26-764(b).
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Hatcher, Ingle, and Ward
Nays: None
Moved by Councilor Hatcher to call for the question on the original motion
as amended. Councilor Hatcher included correction to typos.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Hatcher, Ingle, and Ward
Nays: None
Item 7b
ORDINANCE NO. 37-2010
Ordinance Authorizing The City Manager To Execute All Documents
Necessary To Accept $40,496 From The U.S. Department Of Homeland
Security, Texas Division Of Emergency Management, As Part Of The
Federal Emergency Management Performance Grant (EMPG) Program,
And Appropriating Said Funds To The Special Revenue Fund For
Emergency Preparedness
Moved by Councilor Hatcher that Ordinance No. 38-2010 be passed
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Hatcher, Ingle, and Ward
Nays: None
Item 7c
ORDINANCE NO. 38-2010
Ordinance Appropriating $143,247 To The Special Revenue Fund For
The Public Health Emergency and Laboratory Preparedness Grant
Received From The Texas Department of State Health Services and
Authorizing The City Manager to Execute All Documents Necessary To
Accept Said Funds
Moved by Councilor Hatcher that Ordinance No. 39-2010 be passed
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Hatcher, Ingle, and Ward
Nays: None
104
Item 8b
RESOLUTION No. 87-2010
Resolution Authorizing the City Manager to execute all documents
necessary to accept the proposal of MCCi to provide for the Purchase
And Installation Of A Laserfiche Document And Records Management
System And One Year Of Support In The Amount Of $92,830.52, With
Options For Additional Services Up To $44,712.58
Moved by Councilor Ingle that Resolution No. 88 -2010 be passed
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Hatcher, Ingle, and Ward
Nays: None
Item 8c
RESOLUTION No. 88-2010
Resolution Authorizing The City Manager To Transfer Ownership Of A
WSR-74C Radar Unit Located At Wichita Falls Municipal Airport To The
National Oceanic And Atmospheric Administration Severe Storms
Laboratory in Norman, Oklahoma
Moved by Councilor Hatcher that Resolution No. 89-2010 be passed
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Smith, Hatcher, Ingle, and Ward
Nays: None
Item 9a
Mr. Jack Murphy gave a presentation on site selection for the Water Mill
Ornamental Structure. Following his presentation Council consensus was to place
the Structure at the Lawrence Road and Maplewood location.
Item 9b
Councilor Ingle referred to the wrecker service ordinance and commented
that he was sure staff coordinated but it appeared as though all parties did not
coordinate among themselves. City Manager stated that every time this and the
cab issues come up it always appears that way. Staff meets with the companies
and next day they will have a list of issues to bring up. I know how that showed up
today but staff spent months and months and many hours on this, and they met
with the wrecker companies.
Councilor Hatcher prefers not to regulate any business but it is something
we do.
Councilor Hatcher mentioned the 60/40 concept of how officers spend
their time. That is a recommendation from the International Association of Police
Chiefs. Chief Bachman replied that he doubts very many departments meet that
recommendation; that is the ideal but we cannot afford that.
Councilor Hatcher asked about the incident at WFHS involving three boys
and the smoke stack. Chief Bachman reported that they were up there and one
thought it had a cover and it did not and he fell about five stories onto four or five
feet of ash.
105
Item 9b continued
Councilor Hatcher will get with Chief Bachman about the dumping
ordinance question around Barnett Road and Summit area. Chief Bachman
informed that they have talked to that person and will discuss that with Councilor
Hatcher.
Councilor Hatcher mentioned that Mannheim Steamroller will be at
Memorial Auditorium December 28 with their Christmas Show; Gary Allen is
possibly coming to MPEC.
Councilor Smith thanked Chief Bachman and Chief Foster for putting the
staff analysis together; it is good information for the budget.
Councilor Smith reported tall grass and weeds all over town; some of
those areas are private but many are along TXDOT responsible highways. We
are working with them to work out a plan where our City can be beautified along
our highways, however we are in a time where the money is not there.
Councilor Smith reminded everyone that the animal micro chip program
continues. Health Director Lou Franklin informed that they have purchased three
and have money for a fourth one. We are looking to see if we can get some
donated. Councilor Smith encouraged people to continue donating.
Councilor Smith mentioned that the Hotter `N Hell is coming up in August.
He asked City staff to do what they have dome in the past; make Scott Street look
as nice as possible, in particular the vacant hotel on that street; make our City
look great for our 10,000+ visitors.
Councilor Smith congratulated Sgt. Joe Snyder for being selected to serve
on the International Crime Free Association Board; it is a great honor.
Councilor Smith mentioned some letters to the Editor.
One letter referred to City workers at some location just standing
around. Councilor Smith informed that that was the concrete training group and
they were learning on the job.
Also, there was a letter about water rates and this person had done
a survey but current information shows that City water rates are at an average
compared to other cities. He encouraged citizens who had questions about water
rates to call their City Councilor, Councilor at Large or City Staff and we will get
you accurate information.
Lastly, there was a letter about a recent Planning & Zoning case
and the person mistakenly thought the Council had voted to approve a
recommendation on a nightclub at Southwest Parkway and Fairway. It was a
Planning & Zoning decision; the Council did not vote on that issue but that is not
to say it might not come before the Council in the future.
Councilor Ward mentioned a call from a very happy resident in Eden Hills
where the City put in a new curb.
Councilor Ward asked if insurance rates would go up with the Fire Cost
Recovery Program. Chief Foster explained the Fire Cost Recovery Program, and
added that if their insurance goes up it is because of a wreck they had.
Mayor Barham received a complaint involving an incident with one of our
departments' and he commended Kevin Hugman and staff for taking care of that
satisfactorily.
Mayor Barham asked if the pond on Southwest Parkway was going to
have guardrails. Mr. Russell Schreiber replied that there would be no guardrails.
Mayor Barham received emails from several folks in the downtown area
supporting the proposal to expand the MESA bus route into downtown. Mayor felt
this was a good opportunity for out visitors at SAFB to take part in downtown
activities.
Mayor Barham will visit with Health Director about some protected bird
problems.
106
Item 10a
City Council went into Executive Session at 12:45 p.m. in accordance with
Texas Government Code § 551.071, § 551.072, and § 551.087.
City Council reconvened at 1:31 p.m.
Mayor announced that no polls or votes were taken during Executive
Session.
Item 11 a
City Council adjourned at 1:32 p.m.
PASSED AND APPROVED this day of 2010.
akll
GLENN BARHAM
MAYOR
ATTEST:
ydia 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 Tern
Rick Hatcher, District 3
Tim Ingle, District
TEXAS Mary Ward, District 5
P>/t�Skie,Cro/de�t0��ot'tu�t�7'ies ___
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, July 20, 2010 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Reverend Bob Rogers, Pastor
First Assembly of God 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 Of July 6, 2010 Regular Meeting Of The Mayor And City
Council.
CONSENT AGENDA
5. Receive Minutes
(a) Employee Benefit Trust, April 21, 2010
(b) Landmark Commission, May 25, 2010
REGULAR AGENDA
6. (a) Final Public Hearing To Receive Public Comments Concerning The
Proposed 2010-2015 Consolidated Plan And The 2010-2011 Annual
Action Plan To Allocate HOME Investment Partnership Program
(HOME) Funds In The Amount Of $552,275 Community Development
Block Grant (CDBG) Funds In The Amount Of $1,531,250, And Re-
allocate $400,000 In FY 2009 CDBG Funds
City Council Agenda
Tuesday, July 20, 2010
Page 2
(b) Resolution Approving The 2010-2015 Consolidated Plan #121
And 2010-2011 Annual Action Plan Of The City Of
Wichita Falls, Including Any And All Revisions To The
Plans Approved By U.S. Department Of Housing And
Urban Development (HUD), Which Allocate Community
Development Block Grant (CDBG) Funds In The Amount
Of $1,531,250 and HOME Investment Partnership
Program (HOME) Funds In The Amount Of$552,275, And
Re-allocate $400,000 In FY 2009 CDBG Funds;
Authorizing Submission Of These Plans To HUD; And
Authorizing The City Manager To Execute All
Documents Necessary To Implement The Approved
Plans
7. Ordinances
(a) Ordinance Of The City Council Of The City Of Wichita #122
Falls, Texas, Amending Article VIII, Wrecker Businesses,
of Chapter 26 Of The Code Of Ordinances; and
Providing For A Penalty Not To Exceed $500 Per
Violation
(b) Ordinance Authorizing The City Manager To Execute All #123
Documents Necessary To Accept $40,496 From The U.S.
Department Of Homeland Security, Texas Division Of
Emergency Management, As Part Of The Federal
Emergency Management Performance Grant (EMPG)
Program, And Appropriating Said Funds To The Special
Revenue Fund For Emergency Preparedness
(c) Ordinance Appropriating $143,247 To The Special #124
Revenue Fund For The Public Health Emergency and
Laboratory Preparedness Grant Received From The
Texas Department of State Health Services and
Authorizing The City Manager to Execute All Documents
Necessary To Accept Said Funds
8. Resolutions
(a) Resolution Approving The Programs And Expenditures #125
Of The Wichita Falls Economic Development
Corporation Board Of Directors, And Amending The
Budget Of Said Corporation To Account For These
Expenditures
City Council Agenda
Tuesday, July 20, 2010
Page 3
(b) Resolution Authorizing The City Manager To Execute All #126
Documents Necessary To Accept The Proposal Of MCCi
To Provide For The Purchase And Installation Of A
Laserfiche Document And Records Management System
And One Year Of Support In The Amount Of $92,830.52,
With Options For Additional Services Up To $44,712.58
(c) Resolution Authorizing The City Manager To Transfer #127
Ownership Of A WSR-74C Radar Unit Located At Wichita
Falls Municipal Airport To The National Oceanic And
Atmospheric Administration Severe Storms Laboratory
in Norman, Oklahoma
9. Other Council Matters
(a) Staff Council Discussion
• Presentation on Site Selection for the Water Mill Ornamental
Structure
(b) Discussion Of Items Of Concern To Members Of The City Council.
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, legal issues related to Section 5400, et. seq. of Appendix B of the
Wichita Falls Code of Ordinances, MW Builders v. City of Wichita Falls, et al, and
Chris Jones v. City of Wichita Falls).
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 proposed oil & gas lease covering 40
acres out of the Torebio Losoya Survey, Abstract-257, Archer County, and the
potential lease of approximately 2.64 acres property in South Weeks Park, next to
Southwest Parkway.)
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
City Council Agenda
Tuesday, July 20, 2010
Page 4
development negotiations (including, but not limited to, proposed Latex
International Project and MagicAire Retention Project of the Wichita Falls
Economic Development Corporation).
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
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Linda Ammons, Councilor At Large /.=~
Michael Smith, District 1 d
`r Dorothy Roberts-Burns, Mayor Pro Tern
• !� Rick Hatcher, District 3
Tim Ingle, District 4
T e x A s Mary Ward, District 5 ,;
B/u�Sk1e,Cr�1de�0��ettun�7ir�,.
Darron Leiker, City Manager ---
Miles Risley, City Attorney
Lydia Ozuna, City Clerk
Amended 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, July 20, 2010 Beginning At 8:30 A.M.
Addendum to Regular Agenda
10. Executive Sessions:
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 Latex
International Project and MagicAire Retention Project, and Coating Manufacturing
and Distribution Project of the Wichita Falls Economic Development Corporation).
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,
City Council Agenda
Tuesday, July 20, 2010
Page 2
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