Min 08/03/2010 107
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
August 3, 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
Linda Ammons - Councilors
Michael Smith -
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
Colonel Richard Hartwell, Chaplain Sheppard AFB, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mr. Russell Schreiber, Public Works Director presented the winners of the
Stormwater Poster Competition. Winner 12 & Under— Lexis Brickhouse; Winner
13-18 years old—Jake Esquibel; Second Place—Emily Brown.
Item 3b
Mayor proclaimed August 8-14, 2010 as "Community Health Center Week
in Wichita Falls".
Item 3c
Mayor recognized Sgt. Bill Henning, Crimes Against Persons Unit,
Criminal Investigation Section, as Employee of the Month for August 2010. Mayor
presented Sgt. Henning with a plaque, a letter of appreciation, restaurant tickets,
and a check.
Item 4
No one signed up to speak under public comments.
108
Item 5
Minutes of the July 20, 2010 City Council meeting were approved as distributed.
Items 6-7c
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 Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 6
RESOLUTION NO. 89-2010
Resolution Authorizing And Approving The Appointment And
Reappointment Of Individuals To The Board Of Directors Of
The Nortex Housing Finance Corporation.
Items 7a-7c
Minutes of the following boards and commissions were received.
(a) Board of Adjustment, January 20, 2010
(b) MPO Technical Advisory Committee, April 14, 2010
(c) Planning & Zoning Commission, June 9, 2010
Item 8a
ORDINANCE NO. 39-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Rezoning Lots That Front Kemp Boulevard Between Avenue C And
Avenue M From Limited Commercial To Commercial Corridor
Moved by Councilor Ingle that Ordinance No. 39-2010 be passed.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 8b
ORDINANCE NO. 40-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Rezoning 29.79 Acres In The Kemp And Newby Subdivision Of Cherokee
County School Land Abstract-33 And The Hatton Road Baptist Church
Addition From Single Family-1 To General Commercial; And Amending
The Land Use Plan To Show The Area As Commercial
Moved by Councilor Ward that Ordinance No. 40-2010 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
109
Item 8c
ORDINANCE NO. 41-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Chapter 106 Of The Wichita Falls Code Of Ordinances To
Establish Article XII, Which Will Provide Regulations To Protect The City's
Stormwater Drainage System And Provide A Penalty Of Up To $2,000
Upon Violation
Moved by Councilor Roberts-Burns that Ordinance No. 41-2010 be passed.
Motion seconded by Councilor Ingle.
City Attorney recommended that Section 106-1051 be amended by
replacing the word "exception" with "defense". Said sentence would read: "It
shall be a defense to prosecution pursuant to this article that a discharge into the
storm drainage system was one or more of the following:"
Moved by Councilor Hatcher to amend proposed ordinance by amending
Section 106-1051 to read as follows: : "It shall be a defense to prosecution
pursuant to this article that a discharge into the storm drainage system was one or
more of the following:"
Motion seconded by Councilor Roberts-Burns and carried by the following
vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Main motion as amended carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 9a
RESOLUTION NO. 90-2010
Resolution in Support of the Community Center System
Moved by Councilor Ammons that Resolution No. 90-2010 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 9b
RESOLUTION NO. 91-2010
Resolution Authorizing The City Manager To Execute An Oil And Gas
Lease With Carrizo Oil & Gas, Inc. For 40 Acres In The Lake Kickapoo
Area
Moved by Councilor Hatcher that Resolution No. 91-2010 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
110
Item 9b continued
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 9c
RESOLUTION NO. 92-2010
Resolution Approving Change Order No. 3 for the Rehabilitation of
Lake Arrowhead Raw Water Line Phase 1 Project (CWF09-542-13)
increasing the contract amount by $41,650 to account for extra
work performed by the Contractor
Moved by Councilor Roberts-Burns that Resolution No. 92-2010 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 10a
There were no staff reports.
Item10b
Councilor Roberts-Burns asked that staff check on the following areas for
Code violations: Corner of Rosewood and Harding; M.L.K Blvd. and 7t" Street;
and Park and Flood Streets.
Councilor Ward asked that staff check for Code violations and the
possibility of improving the area from the Stripes Gas Station to the end of SAFB
Housing. There are a lot of abandoned buildings and tall grass and weeds; it is a
disgrace to the Base.
Councilor Smith reminded everyone about the Hotter"N Hell event and the
need to clean up, especially Scott Street. He expressed appreciation for the
efforts.
Councilor Smith informed that the City had received stimulus money for
the Hike & Bike Trail, and congratulated staff for obtaining this grant.
Councilor Smith welcomed the new Airport Administrator, Sarah Johnson,
who will replace Monica Morris.
Councilor Smith mentioned the grass situation along Kell that has not
been mowed at all this growing season. He suggested that TXDOT and the City
work together on getting this done at least once a year. A lot of it belongs to the
State but maybe we can work together.
Councilor Smith referred to the Resolution adopted earlier by Council
regarding Support of the Community Center System and Helen Farabee Regional
MHMR Center. He commented that there are "rainy day" funds sitting in Austin
and this is the time to use those funds. He referred to the numerous budget cuts
impacting these centers. He hopes there is a good resolution to this situation.
Councilor Smith mentioned the City employees who are out working
everyday in the heat during this 100+ heat wave, and expressed appreciation to
them for keeping our City going.
111
Item 10b continued
Councilor Hatcher stated that he has Norman Cochran's photos and will
return them.
Councilor Hatcher welcomed Sara Johnson and thanked Monica Morris for
the great job she did here and wished her luck.
Councilor Hatcher also mentioned the heat wave and asked the
employees to take care of themselves when working out in this heat.
Councilor Hatcher reminded everyone that turning left at the red light by
Arby's is legal after stopping and when it is safe to do so. He has a Facebook
and asked for help.
Councilor Hatcher informed that the ADA ramps are being put in by
TXDOT some of which go nowhere. He commented on the ramps at the
northwest corner of Lincoln and Scott Streets and he hopes they will repair the
curb when they are working out there on the second ramp,
Councilor Ingle mentioned the blowing of grass in the streets and
commented that it is the little things that matter and he encouraged everyone to
be more considerate to their neighbors and the community by picking up the
grass after they blow it.
Councilor Ingle said that his daughters have opened a Facebook for him
and he will begin to use it soon.
Councilor Ingle encouraged citizens to talk to the City staff and Council;
get informed before you criticize and talk bad about the City.
Councilor Ammons was excited about the Kemp Commercial Corridor and
asked about the outdoor storage issue. City Attorney informed that the outdoor
storage occurring on Kemp is not legal. We expect with the new beautification
efforts and new Commercial Corridor there will be enforcement efforts.
Councilor Ammons asked if those organizations cleaning up highways can
be used to mow. City Manager replied that we have not looked at the possibility
of adopting a highway to mow but we can look into the liabilities and all that is
involved.
Councilor Ammons referred to the proposed night club on southwest
Parkway and asked how it changes from one section of town to another. City
Attorney replied that it does not change from one section to another; we will be
discussing this in Executive Session. He explained the different TABC permitting.
Mayor Barham informed that on August 5 from 4 p.m. to 7 p.m. TXDOT
will have an open house public style meeting on their Long Range Transportation
Plan that goes to 2035. He encouraged interested persons to attend. Address is
1601 Southwest Parkway.
Mayor Barham has received positive feed back on the plans for the water
mill ornamental structure at the corner of Lawrence and Maplewood.
Mayor Barham asked Council to refer any budget concerns to City
Manager this week because he will be getting his budget to Council next week.
Items 11 a
City Council went into executive session at 10:05 a.m. in accordance with
Texas Government Code §551.071, §551.072, and §551.074.
City Council reconvened at 11:30 a.m.
Mayor announced that no votes or polls were taken during Executive Session.
7 4
112
Item 12a
Moved by Councilor Roberts-Burns that Mr. Tony Fidelie be appointed to
Place 2 of the Wichita Falls Economic Development Corporation.
Motion seconded by Mayor Barham and failed by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns and Hatcher
Nays: Councilors Ammons, Smith, Ingle and Ward
Moved by Councilor Smith that Mr. Doug James be appointed to Place 2
of the Wichita Falls Economic Development Corporation.
Motion seconded by Councilor Hatcher and failed by the following vote.
Ayes: Councilors Smith, Roberts-Burns, and Hatcher
Nays: Mayor Barham, Councilors Ammons, Ingle and Ward
Moved by Councilor Ingle that Mr. Joe Nieto be appointed to Place 2 of the
Wichita Falls Economic Development Corporation with term to expire July 31,
2011.
Motion seconded by Councilor Ammons and carried by the following vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle,
and Ward
Nays: None
Item 12b
Moved by Councilor Smith that Mr. Raudel Gonzalez be appointed to
Place 12 of the Traffic Safety Commission with term to expire December 31,
2012.
Motion seconded by Councilor Roberts-Burns and carried by the following
vote.
Ayes: Mayor Barham, Councilors Ammons, Smith, Roberts-Burns, Hatcher, Ingle and
Ward
Nays: None
City Council adjourned at 11:40 a.m.
PASSED AND APPROVED this day of 2010.
GLENN BARHAM
MAYOR
ATTEST:
Lydia 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
1
• �// Rick Hatcher, District 3 'I
Tim Ingle, District 4
T E X A S Mary Ward, District 5
F/tseSkies Lf�/deit 0���'tun�/ie, � `'
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, August 3, 2010 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Colonel Richard Hartwell, Chaplain
Sheppard AFB
(b) Pledge Of Allegiance
3. Presentations
(a) Presentation of Stormwater Poster Competition Winners
(b) Proclamation - Community Health Center Week— Brett Moyer
(c) Employee of the Month — Bill Henning, Police Department
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 July 20, 2010 Regular Meeting Of The Mayor And City
Council
CONSENT AGENDA
6. Resolution Authorizing And Approving The Appointment And #128
Reappointment Of Individuals To The Board Of Directors Of
The Nortex Housing Finance Corporation
7. Receive Minutes
(a) Board of Adjustment, January 20, 2010
(b) MPO Technical Advisory Committee, April 14, 2010
(c) Planning & Zoning Commission, June 9, 2010
City Council Agenda
Tuesday, August 3, 2010
Page 2
REGULAR AGENDA
8. Ordinances
(a) Ordinance Rezoning Lots That Front Kemp Boulevard #129
between Avenue C And Avenue M From Limited
Commercial To Commercial Corridor
(b) Ordinance Rezoning 29.79 Acres in The Kemp And #130
Newby Subdivision Of Cherokee County School Land
Abstract-33 And The Hatton Road Baptist Church
Addition From Single Family-1 To General Commercial;
And Amending The Land Use Plan To Show The Area As
Commercial
(c) Ordinance Amending Chapter 106 of the Wichita Falls #131
Code of Ordinances To Establish Article XII, Which Will
Provide Regulations To Protect The City's Stormwater
Drainage System And Provide A Penalty Of Up To $2,000
Upon Violation
9. Resolutions
(a) Resolution In Support Of Community Center System and #132
Helen Farabee Regional MHMR Center
(b) Resolution Authorizing The City Manager To Execute An #133
Oil And Gas Lease With Carrizo Oil & Gas, Inc. For 40
Acres In the Lake Kickapoo Area
(c) Resolution To Approve Change Order No. 3 For The #134
Rehabilitation Of Lake Arrowhead Raw Water Line
Phase 1 Project (CWF09-542-13) Increasing The Contract
Amount By $41,650 To Account For Extra Work
Performed By The Contractor
10. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
11. Executive Sessions:
Executive Session in accordance with Texas Government Code
§551.071, consultation with attorney on matter involving pending or contemplated
City Council Agenda
Tuesday, August 3, 2010
Page 3
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 [alcohol-related zoning regulations])
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 property at 81h & Brook [hospital building]
and proposed oil & gas lease covering 40 acres out of the Torebio Losoya
Survey, Abstract-257, Archer County)
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 Members of the Wichita Falls 4B Sales Tax Corporation)
12. Open Session to Appoint Members to the Following Boards and
Commissions
• Wichita Falls 4B Sales Tax Corporation
• Animal Shelter Advisory Committee
• Traffic Safety Commission
13. 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
City Council Agenda
Tuesday, August 3, 2010
Page 4
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
Dorothy Roberts-Burns, Mayor Pro Tern
� � Rick Hatcher, District 3
of a Tim Ingle, District 4 °6rJ c
T E X A S Mary Ward, District 5 ,
B/ca�Ski�s Cl�ldenO��et'tun�ties
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, August 3, 2010 Beginning At 8:30 A.M.
Addendum to Regular Agenda
11. Executive Sessions:
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 property at 8th & Brook [hospital building]
and 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.)
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
August 3, 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
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 4
TEXAS Mary Ward, District 5
B/�SkieS Cf�/de�O���r'tun�7ies -
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, August 3, 2010 Beginning At 8:30 A.M.
Addendum to Regular Agenda
3. (c) Proclamation — Firefighters Association Day - Wichita Falls
Professional Firefighters Association
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
2010 at o'clock (a.m.)(p.m.).
City Clerk