Min 02/02/2010 16
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
Item 1 February 2, 2010
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.
Lanham Lyne - Mayor
Rick Hatcher - Mayor Pro Tern
Glenn Barham - Councilors
Michael Smith -
Dorothy Roberts-Burns -
Jim Ginnings -
Charles Elmore -
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Lyne called the meeting to order.
Item 2a
Mayor Lyne gave the invocation.
Item 2b
Mayor Lyne led in the Pledge of Allegiance.
Item 3
Mayor Lyne recognized Mr. Johnny Chavez, as Employee of the Month for
February 2010. Mayor presented Mr. Chavez with a plaque, a letter of appreciation,
restaurant tickets, and a check.
Item 4
No one signed up to speak under public comments.
Item 5
Minutes of the January 19, 2010 Regular City Council Meeting were approved as
distributed.
Items 6a-7c
City Manager gave a briefing on the items listed under the Consent Agenda.
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Items 6a-7c continued
Moved by Councilor Roberts-Burns that the Consent Agenda be approved.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings,
and Elmore
Nays: None
Item 6a
RESOLUTION NO. 12-2010
Resolution Authorizing City Staff To Execute All Documents Necessary
To Purchase CASE Backhoe/Loader From Construction Agricultural
Supply Through Houston-Galveston Area Council Purchasing
Cooperative In The Amount Of$71,416.00
Items 7a-7c
Minutes of the following boards and commissions were received.
(a) Wichita Falls Wichita Co. Public Health Board, October 23, 2009
(b) Aviation Advisory Board, November 19, 2009
(c) Planning & Zoning Commission, December 9, 2009
Item 8a
ORDINANCE NO. 05-2010
Ordinance Appropriating To The Special Revenue Fund For Ryan White
Part C Grant Funding $84,900 For The Early Intervention Program And
Authorizing The City Manager To Execute A Contract And All Other
Documents. Necessary To Receive Said Funds From Tarrant County For
The Wichita Falls-Wichita County Health District Pursuant To The Ryan
White Part C Grant
Moved by Councilor Ginnings that Ordinance No. 05-2010 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
Item 8b
ORDINANCE NO. 06-2010
Ordinance Authorizing The City Manager To Apply For And Accept Up To
$5 Million In Federal Aviation Administration Grants For The
Reconstruction Of Phase I Of The Runway 17/35 Project At Wichita Falls
Municipal Airport and appropriating said funds and the City's 5% match
into the Special Revenue Fund
Moved by Councilor Barham that Ordinance No. 06-2010 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
l8
Item 9a
RESOLUTION NO. 13-2010
Resolution Authorizing The City Manager To Execute An Agreement With
The Wichita Falls Independent School District And City View independent
School District For A Joint Election On May 8, 2010.
Moved by Councilor Roberts-Burns that Resolution No. 13-2010 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
Item 9b
RESOLUTION NO. 14-2010
Resolution Approving The Acquisition Of Properties Necessary To
Complete The Beverly Drainage Improvements Project CWF08-552-12
And Authorizing Purchase Or Condemnation
Moved by Councilor Ginnings that Resolution No. 14-2010 be passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
Item 9c
RESOLUTION NO. 15-2010
Resolution Authorizing The City Manager To Execute A Contract With
Siemens Industry, Inc. And Other Documents Necessary To Provide For
The Rebuild Of Failing Cells And Subsequent Installation Of Rebuilt Cells
Within One Of The Variable Frequency Drives At Lake Arrowhead, In The
Amount Of$58,157.00
Moved by Councilor Elmore that Resolution No. 15-2010 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
Item 9d
RESOLUTION NO. 16-2010
Resolution Authorizing The City Manager To Execute A Joint Funding
Agreement With The U.S. Geological Survey Of The U.S. Department Of
The Interior For Assessment Of Stage Discharge Changes And Recent
Flooding For The Wichita River Phase III In The Amount Of 87,000 Of
City Funds
Moved by Councilor Elmore that Resolution No. 16-2010 be passed.
19
Item 9d continued
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
Item 9e
RESOLUTION NO. 17-2010
Resolution Authorizing The City Manager To Execute A Professional
Services Agreement With Dynatest Consulting Inc. For A City-Wide
Micropaver Implementation And Pavement Condition Index Survey In The
Amount Of$168,450.00
Moved by Councilor Ginnings that Resolution No. 17-2010 be passed.
Motion seconded by Councilor Barham and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
Item 9f
RESOLUTION NO. 18-2010
Resolution Authorizing City Staff To Execute All Documents Necessary
To Apply For And Accept A Section 5309 Bus And Bus Facilities Livability
Initiative Program Grant From The U.S. Department Of Transportation
And The Federal Transit Administration For The Construction Of A New
Intermodal Downtown Bus Transfer Hub, Subject To A Local 20% Match
Of Up To $875,000
Moved by Councilor Barham that Resolution No. 18-2010 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
Item 9g
RESOLUTION NO. 19-2010
Resolution Awarding Bid For The City's Estimated Annual Requirement
Of Class S, Curb & Gutter, Class C-C, And Flowable Fill To Pitts Ready
Mix In The Estimated Amount Of $296,800 And For The City's Estimated
Annual Requirement Of Class A Ready Mix Concrete To OK Concrete In
The Estimated Amount Of$30,400
Moved by Councilor Roberts-Burns that Resolution No. 19-2010 be
passed.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
20
Item 9h
RESOLUTION NO. 20-2010
Resolution Awarding The Bid For The City's Estimated Annual Supply Of
Unleaded Gasoline And Diesel Fuel To BMH Oil Company In An
Estimated Amount Of$2,367,760
Moved by Councilor Roberts-Burns that Resolution No. 20-2010 be
passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
Item 9i
RESOLUTION NO. 21-2010
Resolution Authorizing City Staff To Execute All Documents
Necessary To Purchase 17 In-Car Digital Video Systems From L3
Communications Mobile-Vision, Inc., In The Amount Of$77,265.00
Moved by Councilor Barham that Resolution No. 21-2010 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings and
Elmore
Nays: None
City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m.
Item 10a
Assistant City Manager Kevin Hugman gave a presentation on the Sale or Reuse
of old Fire Station #8 located at 4415 Miller Road, which is a part of Wood Memorial
Park. A copy of this presentation is on file in the Office of the City Clerk.
Mr. Hugman presented background information, issues with the sale of property
and provided options. Mr. Hugman asked for direction from Council if they wanted to
place the sale of the old fire station on the May 8, 2010 ballot.
Council consensus, four-three, was not to place sale of this property on the May
8, 2010 Municipal Election ballot.
Item 10b
Councilor Roberts-Burns asked that staff check the property at 709
Harding street for code violations, as well as the 100 Block of Morgan Lane for
dumping violations.
Councilor Elmore commented that the Pancake Festival had a great
turnout in not so good weather. The Gun & Knife show also had a great turn out
and there were a lot of folks from out of town.
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Item 10b continued
Councilor Elmore mentioned the basketball court on Red Fox Lane that is
heavily used and the parking situation in the residential area there. It is difficult
for residents to get through and get to their driveways. He suggested looking at
putting a basketball facility in the same area as the Skate Park. He would like to
see more and more sports oriented facilities in that location.
Councilor Barham commended staff for the well prepared After Action
Blizzard report. It had good suggestions some of which were put into use last
week. He appreciates the effort that went into that report.
Councilor Hatcher referred to the attendance at the Pancake Festival and
commented that we would break that record next year and he will give
suggestions to do that.
Councilor Hatcher said that he swelled up with pride when he arrived at
the Pancake Festival; it was a great event and this is part of what Pride in the
Falls is about.
Councilor Hatcher said he hears that it is hard to do business with the City
in particular the permitting and development plan approvals. He asked that this
process be reviewed for expediency to the customer. We have to streamline and
strive to make it easier for a developer or business person to do business in
Wichita Falls. He asked that staff look to see how we can do those things
smoother, better, faster, expedite.
City Manager said that we will take your comments and we will continue to
work and focus on those efforts. In defense of my staff, Wal-Mart builds all over
the world and they told us that they wish all their projects went as well as here in
Wichita Falls. We have automated permitting to streamline the process and we
continue to look at ways to streamline and have a "one stop shop". I invite any of
those folks who have a complaint to call me and talk specifics because we often
hear the undertone that the City is hard to deal with. Sometimes it is hard to get
specifics but we cannot make corrections without specifies. It only takes one bad
experience to forget about all the positive experiences. We have good people and
they work hard and it is an unfair statement that Wichita Fall is the hardest place
to get a permit and that is just not true. Sometimes they complain about the
Codes, Building and Residential, they have to comply with. It is a Uniform
Building Code in most places and I do not think we want to live in a community
that does not conform to those Codes. My staff is just enforcing the Code. We
should never let up and continue to do the training and make sure we put forth the
best customer service we can.
Councilor Hatcher stated that he did not mean to be negative about City
staff; my point was the need to continue to strive to make that even better and I
know you are doing that. So we can capture that, I love this community; lets
make it the best we can spirit. I am proud to be a part of this whole thing.
Councilor Hatcher referred to the tax rate list mentioned by Councilor
Smith at the previous Council meeting and pointed out that every tax dollar comes
from the profitably of some business and we need to be as business friendly as
possible.
Councilor Ginnings referred to a Times Record News article regarding the
wrapped buses and how ugly they look, and he wanted to know how the Council
feels about the wrapped buses. He thought they were ugly. He also asked if the
money was worth it.
City Manager said that he felt it was worth it; we receive $60,000 -
$100,000 revenue a year.
Councilor Ginnings asked if we could advertise below the windows and
City Manager said we could, it would come off the revenue.
Council members felt that the buses looked gaudy but felt the revenue
source was worth it.
Councilor Smith suggested washing the buses more frequently.
22
Item 10b continued
Councilor Smith mentioned the Animal Shelter Advisory Committee and
informed that they budgeted for electronic readers for all our animal control trucks,
which would on the spot identify animals with electronic chips. He encouraged
interested persons to donate to help purchase these readers. It is a very good
project.
Councilor Smith was at the Pancake Festival most of the day and he met a
lot of people. One family was from Canada stationed at SAFB and they love
Wichita Falls particularly the people, and they felt like this was their home. He felt
very good about that.
Mayor Lyne said that one of the Canadian instructor pilots last summer as
he was lying back in his pool talking to some friends in Canada about how great
the summer was and said he was "living the dream in Wichita Falls". Mayor Lyne
thought it was great that someone can look at Wichita Falls and say they are
living the dream. That is pride in the community and those are things we like to
hear. This is a great and unique City; it is a great place to live and be.
Mayor Lyne echoed that it was a great Pancake Festival.
John Burrus informed that they will be introducing the new buses into the
market the week of February 8 -12 by providing free bus rides; experience the
service we are providing.
Item 11
City Council went into Executive Session at 10:58 a.m. as authorized by Sections
551.071 and 551.072 of the Texas Government Code.
City Council reconvened at 11:16 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
City Council adjourned at.11:17 a.m.
PASSED AND APPROVED this_I�L day of 2010.
LA AM LY
MAYOR
ATTEST:
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, February 2, 2010 Beginning
At 8:30 A.M.
City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael
Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim
Ginnings, and Charles Elmore.
1 . Call To Order
2. (a) Invocation: Dr. David Hartman, Pastor
First Christian Church
(b) Pledge Of Allegiance
3. Presentation: Employee of the Month — Johnny Chavez,
Wastewater Treatment
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 January 19, 2010 Regular Meeting Of The
Mayor And City Council.
CONSENT AGENDA
6. Resolution Authorizing The Purchase Of A CASE Backhoe/Loader
From Construction Agricultural Supply Through Houston-Galveston
Area Council (HGAC) Purchasing Cooperative In The Amount Of
$71 ,416.00 (Council Bill # 17)
7. Receive Minutes
(a) Wichita Falls Wichita Co. Public Health Board, October 23, 2009
(b) Aviation Advisory Board, November 19, 2009
(c) Planning & Zoning Commission, December 9, 2009
City Council Agenda
Tuesday, February 2, 2010
Page 2
REGULAR AGENDA
8. Ordinances:
(a) Ordinance Appropriating To The Special Revenue Fund For
Ryan White Part C Grant Funding $84,900 For The Early
Intervention Program And Authorizing The City Manager To
Execute A Contract And All Other Documents Necessary To
Receive Said Funds From Tarrant County For The Wichita
Falls-Wichita County Health District Pursuant To The Grant
(Council Bill # 18)
(b) Ordinance Authorizing The City Manager To Apply For And
Accept Up To $5 Million In Federal Aviation Administration
Grants For The Reconstruction Of Phase I Of The Runway
17/35 Project At Wichita Falls Municipal Airport and
Appropriating Said Funds And The City's 5% Match Into The
Special Revenue Fund (Council Bill # 19)
9. Resolutions
(a) Resolution Authorizing The City Manager To Execute An
Agreement With The Wichita Falls Independent School District
And City View Independent School District To Conduct A Joint
Election On May 8, 2010 (Council Bill # 20)
(b) Resolution Approving The Acquisition Of Properties Necessary
To Complete The Beverly Drainage Improvements Project And
Authorizing Purchase Or Condemnation (Council Bill # 21)
(c) Resolution The City Manager To Execute A Contract With
Siemens Industry, Inc. And Other Documents Necessary To
Provide For The Rebuild Of Failing Cells And Subsequent
Installation Of Rebuilt Cells Within One Of The Variable
Frequency Drives At Lake Arrowhead, In The Amount Of
$58,157.00 (Council Bill # 22)
(d) Resolution Authorizing The City Manager To Execute A Joint
Funding Agreement With The U.S. Geological Survey For
Assessment Of Stage Discharge Changes And Recent
Flooding For The Wichita River Phase III In The Amount Of
$87,000 Of City Funds (Council Bill # 23)
(e) Resolution Authorizing The City Manager To Execute A
Professional Services Agreement With Dynatest Consulting Inc.
For A City-Wide Micropaver Implementation And Pavement
City Council Agenda
Tuesday, February 2, 2010
Page 3
Condition Index Survey In The Amount Of $168,450.00
(Council Bill # 24)
(f) Resolution Authorizing City Staff To Execute All Documents
Necessary To Apply For And Accept A Bus And Bus Facilities
Livability Initiative Program Grant From The U.S. Department
Of Transportation And The Federal Transit Administration For
The Construction Of A New Intermodal Downtown Bus Transfer
Hub, Subject To A Local 20% Match Of Up To $875,000
(Council Bill # 25)
(g) Resolution Awarding Bid For The City's Estimated Annual
Requirement Of Class S, Curb & Gutter, Class C-C, And
Flowable Fill To Pitts Ready Mix In The Estimated Amount Of
$296,800.00 And For The City's Estimated Annual Requirement
Of Class A Ready Mix Concrete To OK Concrete In The
Estimated Amount Of $30,400 (Council Bill # 26)
(h) Resolution Awarding The Bid For The City's Estimated Annual
Supply Of Unleaded Gasoline And Diesel Fuel To BMH Oil
Company In An Estimated Amount Of $2,367,760 (Council Bill
# 27)
(i) Resolution Authorizing The Purchase Of 17 Police In-Car Video
Systems, from L3 Communications Mobile-Vision, Inc., In The
Amount Of $77,265.00 (Council Bill # 28)
10. Other Council Matters
(a) Staff Council Discussion
• Sale or Reuse of old Fire Station #8
(b) Discussion Of Items Of Concern To Members Of The City
Council.
11 . Executive Sessions:
(a) 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
acquisition of property surrounding Castaway Cove and the
properties to be acquired for the Beverly Drainage
City Council Agenda
Tuesday, February 2, 2010
Page 4
Improvements Project [depicted on map attached to resolution
9(b)]).
(b) 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 value and purchase of property
surrounding Castaway Cove and properties to be acquired for
the Beverly Drainage Improvements Project [depicted on map
attached to resolution 9(b)]).
12. 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
AMENDED 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, February 2, 2010,
Beginning At 8:30 A.M.
City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael
Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim
Ginnings, and Charles Elmore.
ADDENDUM TO REGULAR AGENDA
11 . Executive Sessions-
(C) 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 Cause No. 165,205-13; MW Builders of Texas, Inc., v.
City of Wichita Falls, et al; In the 78th District Court of Wichita County,
Texas).
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.
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
January, 2010 at o'clock (a.m.)(p.m.).
City Clerk