Min 05/18/2010 75
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CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
May 18, 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
Rick Hatcher - Mayor Pro Tern
Michael Smith - Councilors
Dorothy Roberts-Burns -
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
Pastor Craig Lile, Faith Baptist Church, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3
Mr. Murphy Davis, Sentry Management, Inc., City's Financial Advisor, gave a
presentation on the final pricing and bond sales results on the Combination Tax and
Revenue Refunding Bonds, Series 2010. Mr. Davis also gave a Credit Rating Report
noting that Moody's Investors Services and Standard & Poor's gave the City a AA rating;
the highest rating is AAA. A copy of Mr. Davis presentations are on file in the Office of
the City Clerk.
Item 4
Andy Lee, 1410 Grant, serves on the Downtown Development Board and they,
along with 2020 Vision, would like to have the 2009 Building Code pushed forward for
adoption. Mr. Lee expressed concerns about the numerous delays caused by Building
Inspection Department on the projects at Quail Creek Crossing and Pasquals
Restaurant. They work on old buildings downtown and he mentioned that Rick Graham
who refurbishes old buildings downtown has not been able to pull a permit because the
Building Administrator is not available. There are keen issues that need to be addressed.
City Manager will prepare a comprehensive memo on the issues brought up by
Mr. Lee. City Manager stated that there is another side to that story.
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Item 4 continued
Rick Graham, 1340 N. Saratoga, home, and 537 7th Street, business, informed
that he and his wife work on old brick structures and he would like to speed up the
adoption of the 2009 Building Code, which will be very helpful in renovating old
structures. He also expressed concerns with delays stemming probably from the conflict
from the 2006 and 2009 Building Code. The 2009 Code will give the City and contractors
greater guidance.
Mr. Graham stated that he would like to see the graffiti abatement program
continue and offered $2,000 to $3,000 to assist with this program.
Item 5a
Minutes of the May 4, 2010 City Council Meeting were approved as distributed.
Item 5b
Minutes of the May 11, 2010 City Council Meeting were approved as distributed.
Items 6a-7e
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 Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors, Smith, Roberts-Burns, Hatcher, Ingle, and Ward
Nays: None
Item 6a
RESOLUTION NO. 63-2010
Resolution Awarding Bid for the City's Estimated Annual Requirement Of
Automotive Lubricating Oils And Grease To North American Lubricants
Company In The Amount Of$104,360.25
Item 6b
RESOLUTION No. 64-2010
Resolution Awarding Bid For The Construction Of 5,000 Linear Feet Of
Fencing At The City Landfill To Central Oklahoma Fence In The Amount
Of$69,895.00
Items 7a-7e
Minutes of the following boards and commissioners were received.
(a) Landmark Commission, December 15, 2009
(b) Landmark Commission, January 26, 2010
(c) Landmark Commission, March 16, 2010
(d) MPO —Technical Advisory Committee, January 13, 2010
(e) Traffic Safety Commission, April 7, 2010
Item 8
A public hearing was held to discuss local incentives that may be offered by the City
of Wichita Falls to Qualified Businesses being considered for nomination for Texas Enterprise
Project Designations.
Mayor declared the public hearing open.
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Item 8 continued
Mrs. Karen Montgomery provided an overview, noting the City's last public
hearing to seek input regarding potential incentives for Enterprise projects was in 2004
and since that time the former North & East Enterprise Zones have expired; and the
Office of the Governor has significantly revised the program, thus triggering the need for
today's public hearing.
Staff explained the public hearing is required by the Texas Enterprise Zone Act,
in order to seek public input regarding both local and tax incentives which were detailed
in Exhibit 'A'; this is a lengthy list of proposed incentives. Mrs. Montgomery noted the
City of Wichita Falls may offer these incentives on a case-by-case basis to qualified
businesses being considered for nomination for a Texas Enterprise Project designation.
According to State guidelines, the qualified business may either be situated in or outside
of an enterprise zone.
Staff further explained that an enterprise zone is any Census block group, as of
the most recent decennial Census, with a poverty rate of 20% or more. The program's
focus is economic development therefore projects may be designated outside of an
enterprise zone, as long as the company commits to hiring a higher threshold of
economically disadvantaged or enterprise zone residents. Mrs. Montgomery highlighted
State program benefits for a nominated business may include a sales and use tax
reimbursement based on the company's level of capital investment and jobs created
during the 5-year designation period.
Mayor called for additional public comments, there being none, Mayor declared
the public hearing officially closed.
Item 9a
ORDINANCE NO. 29-2010
Ordinance Of The City Council Of Wichita Falls, Texas, Ordaining The
City's Participation In The Texas Enterprise Zone Program Pursuant To
The Texas Enterprise Zone Act, Chapter 2303, TEXAS GOVERNMENT CODE
(Act), Providing And Describing Tax Incentives, Designating A Liaison For
Communication With Interested Parties, And Nominating Natura World
USA, LLC. To The Office Of The Governor Economic Development &
Tourism Through The Economic Development Bank (Bank) As An
Enterprise Project (Project)
Moved by Councilor Hatcher that Ordinance No. 29-2010 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 9b
ORDINANCE NO. 30-2010
Ordinance Of The City Council Of Wichita Falls, Texas, Ordaining The
City's Participation In The Texas Enterprise Zone Program Pursuant To
The Texas Enterprise Zone Act, Chapter 2303, Texas Government Code
(Act), Providing And Describing Tax Incentives, Designating A Liaison For
Communication With Interested Parties, And Nominating WDS Global —
Texas, Inc. To The Office Of The Governor Economic Development &
Tourism Through The Economic Development Bank (Bank) As An
Enterprise Project (Project)
Moved by Councilor Hatcher that Ordinance No. 30-2010 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
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Item 9c
ORDINANCE NO. 31-2010
Ordinance Appropriating $9,978.00 To The Special Revenue Fund For
Additional Grant Revenue From The State Of Texas For The Texas
Department Of Transportation Selective Traffic Enforcement Program
(Click It Or Ticket) Wave Grant FY 2010 For Traffic Enforcement And
Authorizing The City Manager To Execute All Documents Necessary To
Accept Said Grant
Moved by Councilor Roberts-Burns that Ordinance No. 31-2010 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 10a
RESOLUTION NO. 65-2010
Resolution Authorizing The City Manager To Execute All Documents
Necessary To Apply For Grant Funds From The Edward Byrne Memorial
Justice Assistance Grant Program In The Amount Of $60,372.00 With
Co-Applicant, Wichita County, Texas
Moved by Councilor Hatcher that Resolution No. 65 -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 10b
RESOLUTION No. 66-2010
Resolution Awarding Bid For The Purchase Of One 25,500 GVW Crew
Cab And One 25,500 GVW Dump Truck, With An Option To Purchase
Two Additional Units In FY 2010-2011, To Wichita Falls Freightliner In
The Amount Of$148,576.00
Moved by Councilor Hatcher that Resolution No. 66 -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 10c
RESOLUTION NO. 67-2010
Resolution Approving Change Order No. 1 For The Faith Village Drainage
Improvements Project — Phase II & III (CWF05-552-03), In The Amount
Of$55,419, To Provide For Stamped & Dyed Concrete Medians
Moved by Councilor Hatcher that Resolution No. 67 -2010 be passed.
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Item 10c continued
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 11 a
There were no staff reports
Item 11 b
Councilor Smith asked for an update on the Lake Diversion spillway. Mr.
Schreiber reported that the contractor is progressing and the project is moving along
well.
Councilor Smith challenged the public to assist with the Animal Control
Project to purchase microchip scanners for animal control vehicles. He started
the drive by donating $350 to purchase the first microchip.
Councilor Smith mentioned the Police Memorial ceremony in honor of
those police officers who have given their lives in the line of duty. He thanked
Police Chief Bachman and his staff for putting on a wonderful ceremony.
Councilor Hatcher welcomed the new council members and Mayor
Barham.
Councilor Hatcher stated that he had made comments in the past that
may have been taken wrong about how developers seem to run into snags
trying to get projects done in our City. I may have alluded to it in a manner that
would seem I am slamming our staff. Again I do want to mention it because it
was brought up this morning and I again do not want to seem like I am
slamming our people because it is not our people; we have some great people.
However, I think there may be some ways to improve the speed of reviewing
plans. I am very concerned when I hear about the possibility of projects going
elsewhere because a contractor did not have the patience to make sure that
we could get to it. He asked that staff look to see if there are ways to expedite
some of those things and make this City as business friendly as we can.
Councilor Hatcher informed that some of the Council had an opportunity
to look at the Carter Copter and it was a great experience and he is excited
about the potential of that, as well as the mattress company, Natura, and the
call center, WDS Global. He is looking forward to all these new projects.
Councilor Hatcher commented that looking at our sales tax numbers, he
was happy that they were not a negative. He feels we have turned the corner
on that and hopes things continue to improve.
Councilor Ingle has also heard comments about the delays and would like
to speed up the building inspection process. He has not talked to that
Department but looks forward to doing that to get the whole picture.
Councilor Ingle is looking forward to meeting with staff as part of the new
council orientation the next two weeks. Everyone seems to work very well and it
is a real pleasure to be here; he looks forward to working with everyone.
Mayor Barham stated that he also has heard those things about delays in
the building process. He is not sure what happened with the building code
committee that was in effect about two years ago regarding the 2009 Code. City
Manager informed that what it came down to was the sprinkler ordinance and
Council adopted that, which made it easier for the developers to comply with that
portion of the Code. City Manager will have staff look at that and the adoption of
the 2009 Building Code and will provide Council with a report.
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Item 12
City Council went into Executive Session at 9:48 a.m. in accordance with Texas
Government Code Sections 551.074,
City Council reconvened at 10:08 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
Item 13
Moved by Councilor Ward that Councilor Roberts-Burns be appointed
Mayor Pro Tem.
Motion seconded by Councilor Hatcher.
Mayor Pro Tem Rick Hatcher was honored to have served as Mayor Pro
Tem this past year and thanked Council for the opportunity. Although he would
like to continue as Mayor Pro Tem, he commented that this has been a cohesive
Council with respect for one another; who can deny that Councilor Roberts-Burns
has not been a leader and well respected, and this possibly being her last year on
the Council he gave her his support. He volunteered to serve in her absence as
Mayor Pro Tem.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors, Smith, Roberts-Burns, Hatcher, Ingle and Ward
Nays: None
Item 14
City Council recessed at 10:15 a.m. to reconvene at the Cypress Water Treatment.
Item 15
City Council reconvened at 10:52 a.m. at the Cypress Water Treatment
Plant, 4801 Big Ed Neal Drive, to tour the plant and view the work In progress.
Mr. Russell Schreiber gave a brief overview of the Cypress Water
Treatment Plant projects leading up to the current project. As Council toured the
facility and project sites, Public Works Director and his Staff provided information
on the various aspects of the project.
City Council adjourned at 11:45 a.m. at the Cypress Water Treatment
Plan.
PASSED AND APPROVED this day o 2010.
e
GLENN BARHAM
MAYOR
TTEST:
Lydia 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, May 18, 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: Craig Lile, Pastor
Faith Baptist Church
(b) Pledge Of Allegiance
3. Presentation of Results of Recent Bond Refunding — Murphy Davis,
Sentry Management
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. (a) Approval Of Minutes Of May 4, 2010 Regular Meeting Of The
Mayor And City Council.
(b) Approval of Minutes of May 11, 2010 Special Called Meeting Of
The Mayor And City Council.
CONSENT AGENDA
6. Resolutions
(a) Resolution Awarding Bid For The City's Estimated Annual
Requirement Of Automotive Lubricating Oils And Grease To
North American Lubricants Company In The Amount Of
$104,360.25 (Council Bill # 92)
City Council Agenda
Tuesday, May 18, 2010
Page 2
(b) Resolution Awarding Bid For The Construction Of 5,000 Linear
Feet Of Fencing At The City Landfill To Central Oklahoma
Fence In The Amount Of $69,895.00 (Council Bill # 93)
7. Receive Minutes
(a) Landmark Commission, December 15, 2009
(b) Landmark Commission, January 26, 2010
(c) Landmark Commission, March 16, 2010
(d) MPO — Technical Advisory Committee, January 13, 2010
(e) Traffic Safety Commission, April 7, 2010
REGULAR AGENDA
8. Public Hearing To Discuss Local Incentives That May Be Offered By
The City of Wichita Falls To Qualified Businesses (Named Under
Ordinances) Being Considered For Nomination For Texas Enterprise
Project Designations
9. Ordinances
(a) Ordinance of the City Council of Wichita Falls, Texas, Ordaining
the City's Participation in the Texas Enterprise Zone Program
Pursuant to the Texas Enterprise Zone Act, Chapter 2303,
Texas Government Code (Act), Providing and Describing Tax
Incentives, Designating a Liaison for Communication with
Interested Parties, and Nominating Natura World USA, LLC. To
The Office Of The Governor Economic Development & Tourism
Through The Economic Development Bank As An Enterprise
Project (Council Bill # 94)
(b) Ordinance of the City Council of Wichita Falls, Texas, Ordaining
the City's Participation in the Texas Enterprise Zone Program
Pursuant to the Texas Enterprise Zone Act, Chapter 2303,
Texas Government Code (Act), Providing and Describing Tax
Incentives, Designating a Liaison for Communication with
Interested Parties, and Nominating WDS Global — Texas, Inc.
To The Office Of The Governor Economic Development &
Tourism Through The Economic Development Bank As An
Enterprise Project (Council Bill # 95)
(c) Ordinance Appropriating $9,978.00 To The Special Revenue
Fund For Additional Grant Revenue From The State Of Texas
City Council Agenda
Tuesday, May 18, 2010
Page 3
For The Texas Department Of Transportation Selective Traffic
Enforcement Program (Click It Or Ticket) Wave Grant FY 2010
For Traffic Enforcement And Authorizing The City Manager To
Execute All Documents Necessary to Accept Said Grant
(Council Bill # 96)
10. Resolutions
(a) Resolution Authorizing The City Manager To Execute All
Documents Necessary To Apply For Grant Funds From The
Edward Byrne Memorial Justice Assistance Grant Program In
The Amount Of $60,372.00 With Co-Applicant, Wichita County,
Texas (Council Bill # 97)
(b) Resolution Awarding Bid For The Purchase Of One 25,500
GVW Crew Cab And One 25,500 GVW Dump Truck, With An
Option To Purchase Two Additional Units In FY 2010-2011 , To
Wichita Falls Freightliner In The Amount Of $148,576.00
(Council Bill # 98)
(c) Resolution Approving Change Order No. 1 for The Faith Village
Drainage Improvements Project — Phase II & III (CWF05-552-
03), In The Amount Of $55,419, To Provide For Stamped &
Dyed Concrete Medians (Council Bill # 99)
11 . Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City
Council
12. 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 and Mayor
Pro Tem)
13. Appointment Of Mayor Pro Tern
14. Recess
15. Reconvene (Weather Permitting) At Cypress Water Treatment Plant,
4801 Big Ed Neal Drive, To View Work In Progress.
City Council Agenda
Tuesday, May 18, 2010
Page 4
16. 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