Min 08/16/2011 281
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
August 16, 2011
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
Annetta Pope -
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
Councilor Rick Hatcher, District 3, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
No one signed up under Public Comments.
Item 4
Minutes of the August 2, 2011 Council meeting were approved as distributed.
Items 5a-5c
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Roberts-Burns that the Consent Agenda be approved.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
282
Items 5a-5c continued
Minutes of the following boards and commissions were received.
(a) MPO, Technical Advisory Committee, April 6, 2011
(b) MPO, Transportation Policy Committee, April 20, 2011
(c) Traffic Safety Commission, June 1, 2011
Item 6a
A redistricting discussion and public hearing was held for redistricting of City
Councils and Voting Precincts.
Mayor declared the public hearing open.
City Attorney provided information on the proposed redistricting plan. He
informed that the Redistricting Committee and City Council reviewed the boundaries
established initially by Redistricting Attorney Bob Bass. Changes were mainly in four
locations. Mr. Bass believes the proposed plan meets constitutional muster in that it
complies with the 1965 Civil Rights Act in that it provides minority representation in the
districts to the extent reasonably possible.
Councilor Smith informed District 1 residents about specific changes in his
District 1 noting that there were some large geographic areas but not densely
populated.
Councilor Hatcher bid farewell to all those residents being moved from District 3
to District 1, as well as most of the Country Club people that have been moved from
District 3 to District 4, commenting that we still have plenty of great people left to
support our City.
Councilor Ward thanked those who were moved into District 5 from District 1;
she welcomed them.
Mayor thanked the Redistricting Committee for their time and service.
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
Item 6b
ORDINANCE NO. 40-2011
Ordinance Of The City Council Of The City Of Wichita Falls, Texas, Adopting A
Redistricting Plan To Change The Municipal Council District Boundaries;
Providing For Submission Of The Adopted Redistricting Plan To The U.S.
Department Of Justice; And Providing For Incorporation Of The Redistricting
Plan Map In Accordance With Section 2-26 Of The Code Of Ordinances Of The
City Of Wichita Falls
Moved by Councilor Roberts-Burns that Ordinance No. 40-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 7a
ORDINANCE NO. 41-2011
Ordinance Suspending The Application Of The Dangerous Building Order Of
Ordinance No. 27-2011 to 713 Jalonick To Grant Additional Time For Its
Restoration
Moved by Councilor Hatcher that Resolution No. 41 -2011 be passed
283
Item 7a continued
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 7b
ORDINANCE NO. 42-2011
Ordinance Amending Chapter 46 Of The Code Of Ordinances Of The City Of
Wichita Falls, Texas To Amend Article IV Of Said Chapter, "Weeds, Rubbish
And Unsanitary Matter'; Providing For A Penalty Not To Exceed $2,000 Per
Violation; And Providing For Codification
Moved by Councilor Roberts-Burns that Ordinance No 42-2011 be passed
Motion seconded by Councilor Smith.
David Brock, 320 Hilltop, expressed concern that Sec. 46-126 exempts Council from
that requirement.
Councilor Hatcher stepped out of Council Chambers.
City Attorney explained that tax obligations are addressed in Section 46-127.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Ingle, and Ward
Nays: None
Item 7c
ORDINANCE NO. 43-2011
Ordinance Closing and Abandoning An Approximately 8,000 Square Foot Alley
Behind 2515 Kemp Avenue, Subject To The Retention Or Dedication And
Relocation Of All Utilities And Easements In The Alley
Moved by Councilor Ward that Ordinance No. 43-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Ingle, and Ward
Nays: None
Item 7d
ORDINANCE NO. 44-2011
Ordinance Amending Section 14-381 Of The Code Of Ordinances Of The City
Of Wichita Falls To Require Shade For Animals In Addition To Shelters,
Providing For A Penalty Not To Exceed $500 Per Violation; Providing For
Codification; and Declaring an Emergency and Immediate Effective Date
Moved by Councilor Ward that Ordinance No 44-2011 be passed.
Motion seconded by Councilor Smith.
Councilor Hatcher returned to Council Chambers.
284
Item 7d continued
Josie Rose, 1525 Harding, mentioned an issue involving her dogs. Health Director
Lou Franklin will get with Mrs. Rose to discuss her concerns.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 7e
ORDINANCE NO. 45-2011
Ordinance Appropriating $120,200 To The Special Revenue Fund For The
Public Health Emergency Grant Received From The Texas Department of
State Health Services and Authorizing The City Manager to Execute All
Documents Necessary To Accept Said Grant
Moved by Councilor Hatcher that Ordinance No 45-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 8a
RESOLUTION NO. 70-2011
Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B
Sales Tax Corporation Board Of Directors, Including A Public Viewing Area
Project At Wild Bird Rescue In The Amount Of $20,000 And The Kell House
Museum Renovations Phase I Project In The Amount Of$40,000
Moved by Councilor Hatcher that Resolution No 70-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
City Council recessed at 9:15 a.m. and reconvened at 9:35 a.m.
Councilor Ward was not in Council Chambers.
Item 8b
RESOLUTION NO. 71-2011
Resolution Authorizing The City Manager To Execute A Cooperative
Purchasing Agreement With The City Of Fort Worth, Texas For The Purchase
Of Certain Supplies, Equipment And Services.
Moved by Councilor Hatcher that Resolution No 71-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, and Ingle
285
Item 8b continued
Nays: None
Councilor Ward returned to Council Chambers.
Item 8c
RESOLUTION NO. 72-2011
Resolution Approving A Third Generation Non-Annexation Agreement With
Nustar Logistics, Limited Partnership, Guaranteeing Its Immunity From
Annexation For A Period Of Fourteen Years Beginning Retroactively To
January 1, 2007
Moved by Councilor Hatcher that Resolution No 72-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 8d
RESOLUTION NO. 73-2011
Resolution Approving A Third Generation Non-Annexation Agreement With
Plains Pipeline, Limited Partnership, Guaranteeing Its Immunity From
Annexation For A Period Of 13 Years Beginning Retroactively To January 1,
2008
Moved by Councilor Hatcher that Resolution No 73-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 9a
There were no Staff reports.
Item 9b
Council members brought up the following matters.
Councilor Hatcher:
a) Asked Council to keep the current water and tax rates in mind during
budget, and reminded them about the savings in Fire Chief's restructuring
proposal.
Councilor Smith:
a) Make sure everything possible has been done to make downtown look
good for the Hotter' N Hell weekend
b) Stage 1 Drought in effect
c) Code infractions in area off Beverly Drive and Cherry Street.
d) Update on 1804 Cedar
286
Item 9b continued
Councilor Ingle:
a) Demolition bids will go out this week.
b) Enjoyed Firefighters Academy Graduation ceremony.
c) Appreciates repainting of lines on 11th Street.
d) Missed trash in alley dumpsters during windy days; no one's fault.
e) Appreciates everyone's work
Councilor Roberts-Burns:
a) Trash between Brook and Lawrence Streets on expressway.
b) Meningitis shots offered to MSU students for less than $14.
Councilor Ward:
a) Thanked Larry Krugle and street crew for promptly repairing rough area on
City View Drive.
Mayor Barham:
a) Thanked John Burrus for getting the sign up on the Scott Street property
where the old motel was demolished.
b) Ranch Roundup this weekend
c) Proposed budget does not have a tax increase.
Item 10
City Council went into Executive Session at 10:08 a.m. in accordance with Texas
Government Code 551.071.
City Council reconvened at 10:45 a.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 11
A Work Session was held to consider the proposed Fiscal Year 2011-2012 Budget.
Item 12
It was not necessary to reconvene on Wednesday, August 17, 2011 or Thursday,
August 18, 2011.
Item 13
Council consensus was not to raise the tax rate; therefore there was no action on proposed
resolution relating to placing a proposal on a future Council agenda approving a property tax rate that
exceeds the notice and public hearing limit.
Item 14
City Council adjourned at 2:25 p.m.
PASSED AND APPROVED this 6th day of _Setpember 2011.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, Mayor Pro Tern
Michael Smith, District 1
Annetta Pope, District 2
`r Rick Hatcher, District 3
�� Tim Ingle, District 4
of
A S Mary Ward, District 5
T E X A S
B/u�S,�ie,C�/de�0�yo-rtun�7'ie, Darron Leiker, City Manager -
Miles Risley, Y
Cit 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 16, 2011 Beginning At 8:30 A.M.
Notificacion De La Junta Regular Del Alcalde Y El Consejal De La Ciudad De
Wichita Falls, Tejas, Que Se Llevara Acabo En La Camara Del Consejal, Edificio
Municipal, 1300 Calle Siete, El Martes 16 De Agosto 2011 Empiezo A Las 8:30 De
La Mariana.
Item # Bill #
1. Call To Order
2. (a) Invocation: Pastor John Gardner
Legacy Church of God
(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 The August 2, 2011 Regular Meeting Of The Mayor
And City Council.
CONSENT AGENDA
5. Receive Minutes
(a) MPO, Technical Advisory Committee, April 6, 2011
(b) MPO, Transportation Policy Committee, April 20, 2011
(c) Traffic Safety Commission, June 1, 2011
REGULAR AGENDA
6. (a) Redistricting Discussion and Public Hearing (Audiencia Publica y
Discusion de Redistribucion de los Distritos del Consejal)
• Redistricting of City Council Districts and Voting Precincts
• Redistribucion de los Distritos del Consejal y Precintos de
Votacion
(b) Ordinance Of The City Council Of The City Of Wichita #117
Falls, Texas, Adopting A Redistricting Plan To Change
The Municipal Council District Boundaries; Providing for
submission of the adopted redistricting plan to the U.S.
Department of Justice; and providing for incorporation
of the Redistricting Plan Map in accordance with Section
2-26 of the Code of Ordinances of the City of Wichita
Falls
7. Ordinances
(a) Ordinance Suspending The Application Of The #118
Dangerous Building Order Of Ordinance No. 27-2011 to
713 Jalonick To Grant Additional Time For Its
Restoration
(b) Ordinance Amending Chapter 46 Of The Code Of #119
Ordinances Of The City Of Wichita Falls, Texas To
Amend Article IV Of Said Chapter, "Weeds, Rubbish And
Unsanitary Matter"; Providing For A Penalty Not To
Exceed $2,000 Per Violation; And Providing For
Codification
(c) Ordinance Closing And Abandoning An Approximately #120
8,000 Square Foot Alley Behind 2515 Kemp Avenue,
Subject To The Retention Or Dedication And Relocation
Of All Utilities And Easements In The Alley
(d) Ordinance Amending Section 14-381 Of The Code Of #121
Ordinances Of The City Of Wichita Falls, To Require
Shade For Animals In Addition To Shelters, Providing
For A Penalty Not To Exceed $500 Per Violation;
Providing For Codification; and Declaring an Emergency
and Immediate Effective Date
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CITY COUNCIL AGENDA
(e) Ordinance Appropriating $120,200 To The Special #122
Revenue Fund For The Public Health Emergency Grant
Received From The Texas Department of State
HealthServices and Authorizing The City Manager to
Execute All Documents Necessary To Accept Said Grant
8. Resolutions
(a) Resolution Approving The Programs And Expenditures #123
Of The Wichita Falls 4B Sales Tax Corporation Board Of
Directors, Including A Public Viewing Area Project At
Wild Bird Rescue In The Amount Of $20,000 And The
Kell House Museum Renovations Phase I Project In The
Amount Of$40,000
(b) Resolution Authorizing The City Manager To Execute A #124
Cooperative Purchasing Agreement With The City Of
Fort Worth, Texas For The Purchase Of Certain
Supplies, Equipment And Services
(c) Resolution Approving A Third Generation Non- #125
Annexation Agreement With NuStar Logistics, Limited
Partnership, Guaranteeing Its Immunity From
Annexation For A Period Of 14 Years Beginning
Retroactively To January 1, 2007
(d) Resolution Approving A Third Generation Non- #126
Annexation Agreement With Plains Pipeline, Limited
Partnership, Guaranteeing Its Immunity From
Annexation For A Period Of 13 Years Beginning
Retroactively To January 1, 2009.
9. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
10. Executive Session in accordance with Texas Government Code
§551.071, 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 the
Fontenot case).
11. Work Session to Consider Proposed FY 2011-2012 Budget
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CITY COUNCIL AGENDA
12. Recess And Reconvene On Wednesday, August 17, 2011, At 8:30 A.M., And
Thursday, August 18, 2011, At 8:30 A.M., If Necessary.
13. Resolution Expressing The City Council's Intent To Place A #127
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.
14. 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
2011 at o'clock (a.m.)(p.m.).
City Clerk
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CITY COUNCIL AGENDA