Min 12/15/2009 745
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
December 15, 2009
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.
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
Father Scott Wooten, Rector of the Episcopal Church of the Good Shepherd,
gave the invocation.
Item 2b
Mayor Lyne led in the Pledge of Allegiance.
Item 3
Murray Sallis, 2501 N. Elmwood Circle, gave his reasoning for not having
the Imperial 400 Motel demolished and a bus hub placed there. He asked that this
be reviewed again.
Scott Gaston, 5949 Kiel Lane, asked questions regarding the Notice of
Intent published in the newspaper as well as the funding to purchase Castaway
Cove Water Park. Mayor and City Manager provided information and informed
him that these documents are on file in the City Clerk's Office.
Items 4a -4b
Minutes of the following Council meetings were approved as distributed.
(a) December 1, 2009 Special City Council Meeting
(b) December 8, 2009 Regular City Council Meeting
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Items 5a-5c
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Elmore that the Consent Agenda be approved.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings,
and Elmore
Nays: None
Items 5a-5c
Minutes of the following boards and commissions were received.
(a) Aviation Advisory Board, September 17, 2009
(b) Park Board, October 27, 2009
(c) 413 Sales Tax Corporation, November 13, 2009
Item 6
ORDINANCE NO. 88-2009
Ordinance Accepting Grant Funds Received From The Texas State
Library And Archives Commission (Loan Star Libraries Program) In The
Amount Of $20,780, Appropriating the Funds From A Special Revenue
Fund, And Authorizing The City Manager To Execute The Grant Contract
Moved by Councilor Roberts-Burns that Ordinance No. 88-2009 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 7a
RESOLUTION NO. 171-2009
Resolution Awarding Bid For The South Weeks Park Pond Project
(CWF09-100-23) to Weakley's Welding & Dozer Service in an estimated
total amount of$388,473.55
Moved by Councilor Ginnings that Resolution No. 171-2009 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 7b
RESOLUTION NO. 172-2009
Resolution Approving The Transfer Of Various Aged Receivable
Accounts To Dormant Status As Part Of The City's Fiscal Year End
Closing Process and Authorize Collection Activities Thereon
Moved by Councilor Ginnings that Resolution No. 172-2009 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
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Item 7b continued
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings,
and Elmore
Nays: None
Item 7c
RESOLUTION NO. 173-2009
Resolution Confirming Appointments To The Firefighters' And Police
Officers' Civil Service Commission
Moved by Councilor Barham that Resolution No. 173-2009 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 7d
RESOLUTION NO. 174-2009
Resolution of the City of Wichita Falls, Texas supporting the 1st
Amendment of the U.S. Constitution and the preservation of the Texas
Open Meetings Act through its amendment to comply with the U.S.
Constitution, and supporting and joining with the City of Alpine's Lawsuit
to protect the rights granted to citizens pursuant to the 1st Amendment of
the U.S. Constitution from the criminal provisions of the Texas Open
Meetings Act
Moved by Councilor Roberts-Burns that Resolution No. 174-2009 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 8a
An update on the Airport Master Plan was presented by Mr. Howard Klein
and Mr. Nabil Jammal, URS Representatives. A copy of their presentation is on
file in the City Clerk's Office.
A public hearing will be held today from 4 p.m. —7 p.m. in Room 205 of
the Public Library regarding the Airport Master Plan.
Mayor Lyne announced that he had another City commitment and will
have to leave at this time. He wished everyone a safe, Merry Christmas and
Happy New Year. He encouraged everyone to take advantage of all the events
going on in our Community during the holiday season.
Mayor Lyne turned the meeting over to Mayor Pro Tern Hatcher.
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Item 8b
Mayor Pro Tern called for Council matters and concerns.
Councilor Roberts-Burns invited everyone to the Martin Luther King Prayer
Breakfast that will be held January 16, 2010 at 8:45 a.m. at MPEC. The Speaker
will be the first recipient of the first scholarship who is returning; he is currently in
law school.
Councilor Elmore mentioned the wrecker fees and asked why the City was
condoning and supporting the doubling of fees if the customer goes through the
Police Department and not the wrecker service directly. He asked that this
situation be reviewed.
Councilor Elmore mentioned the wrecker business that has three different
wrecker services rolled into one and is operating out of one location, and getting
% of the rotations.
Councilor Elmore wished everyone a safe, happy holidays and a Happy
New Year.
Chief Bachman informed that they are working with legal on wrecker
complaints and will provide Council with options. We have state inspectors
looking into the one wrecker business that is running three companies out of one
location. When that investigation is complete we will present results to Council.
City Manager commented that the ordinance review will conduct a fresh
survey of wrecker rates and Council can make decisions on that.
Councilor Barham thanked URS representatives for the information they
provided this morning.
Councilor Barham wished Sametta Brown, City's Audio Visual Technician,
a happy birthday. Sam is working in the control room and today is her birthday.
Councilor Barham asked about the duck hunting issue at Lake Wichita.
Mr. Jack Murphy informed that the only regulation the City has on duck hunting is
to issue permits for duck blinds at two areas; the rest of the regulations are set by
the Texas Parks and Wildlife Department.
Councilor Barham asked about the flower regulations on what is allowed
at Riverside Cemetery. Mr. Murphy provided those guidelines.
Councilor Barham echoed the rest of the Council's wishes for a Merry and
safe Christmas and Happy New Year.
Councilor Ginnings said he was looking forward to a Happy New Year,
and wished a Merry Christmas to everybody and safe travel. He hopes the New
Year will bring more peace.
Councilor Ginnings mentioned a commendation from the WFISD Police
Chief. She told Councilor Ginnings that since the Gang Injunctions have been
implemented and prosecuted they have a lot less incidents in the schools.
Councilor Ginnings commented that this is good news and he commends the
Police Department and Legal Department.
Councilor Ginnings asked if it would be possible to include an 8 '/2 X11
copy of the aerial photo with letters that we advise our Lake Wichita property
owners that would show the results of our survey. It is something they can look
at. The proposed letter is very informative and non-confrontational.
Councilor Smith asked that Staff schedule a demo ride on the new buses
that will arrive in January. Mr. John Burrus will take care of that and added that
the new buses will be on the MPEC parking lot for everyone to experience.
Councilor Smith referred to duck hunting and asked if this was allowed in
the City limits. He asked that Mr. Jack Murphy Mrs. Lou Franklin, and Chief
Bachman get together and discuss this situation. Mr. Murphy informed that Lake
Wichita is out of the City Limits; the shore is the City limit boundary. You can
shoot within City Limits with limitations.
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Item 8b continued
Councilor Smith expressed safety concerns for the Lakeside City residents
since hunters are shooting from the other side of the Lake towards Lakeside City.
Chief Bachman informed that they receive complaints every time hunting
season opens. He confirmed that they can shoot inside City limits with
restrictions.
Councilor Smith wished everyone a Merry Christmas and a Happy New
Year, particularly those employees working during the holiday season.
Mayor Pro Tern Hatcher wished everyone a Merry Christmas and a Happy
New Year.
Mayor Pro Ten Hatcher informed that the Mayor had received a letter from
the Morningside Neighborhood Association commending Mr. Jack Scott, Water
Distribution Superintendent for his prompt and professional responsiveness and
his invaluable services. Mr. Scott should be commended.
Item 9a
The lawsuit related to the Open Meetings Act was discussed and acted
upon in open session under Item 7d.
Item 9b
City Council went into Executive Session at 10:40 a.m. in accordance with
Texas Government Code Section 551.074.
City Council reconvened at 11:00 a.m.
Mayor Pro Tern Hatcher announced that no votes or polls were taken
during Executive Session.
Item 10
Moved by Councilor Ginnings that Mr. Clayton Wages be appointed to Place 5 of
the Construction Board of Adjustment and Appeals, with the term to expire December
31, 2011;
Motion seconded by Councilor Barham and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings
and Elmore
Nays: None
Moved by Councilor Ginnings that Mr. Mike Koen be appointed to Place 6 of the
Landmark Commission, with term to expire December 31, 2012.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings
and Elmore
Nays: None
Moved by Councilor Ginnings that Mr. John Kidwell be appointed to Place 10, of
the Planning and Zoning Commission, with the term to expire December 31, 2010.
Motion seconded by Councilor Barham and carried by the following vote.
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Item 10 continued
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings
and Elmore
Nays: None
Moved by Councilor Barham that the following Zoning Board of
Adjustment members be moved as noted:
Mr. Elvin Dudley to Place 4, term to expire December 31, 2011;
Mr. Dustin Nimz to Place 5, term to expire December 31, 2011;
Mr. Chad Hughes to Place 6, term to expire December 31, 2010;
Mr. David Lane to Place 7, term to expire December 31, 2010;
and
appoint Ms. Dara Forbes to Place 8, with the term to expire December 31,
2010.
Motion seconded by Councilor Ginnings and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings
and Elmore
Nays: None
Moved by Councilor Ginnings that the following members be reappointed to
the Aviation Advisory Board with terms to expire December 31, 2012:
Mr. Kenneth Armstrong, Place 4
Mr. Sidney Gills, Place 5
Mr. Hans-Peter Schuele, Place 6
Motion seconded by Councilor Barham and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings
and Elmore
Nays: None
Moved by Councilor Barham that Mr. Dennis Marquardt be appointed to
Place 15, of the Traffic Safety Commission, with the term to expire December 31,
2011.
Motion seconded by Councilor Roberts-Burns and carried by the following vote.
Ayes: Mayor Pro Tern Hatcher, Councilors Barham, Smith, Roberts-Burns, Ginnings
and Elmore
Nays: None
Item 11
Discussion continued from the December 8, 2009 Council work session of
Capital Improvement Projects and funding goals for the City.
City Manager commented briefly on what has been done to this point. We
began the process in late October with planning meetings and Council arrived at a
project listing; 27 of the 30 projects that we started with. Council directed Staff to
come up with funding options. At the Special Council Meeting on December 8
Staff provided funding options and Council directed Staff to provide different
options with sources of funding and that is what we will do today. Council was
provided a binder with the options and detailed information, a copy is on file in the
City Clerk's Office.
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Item 11 continued
City Manager asked Council to provide some feedback particularly as they
relate to 4A and 4B funding so appropriate steps can be taken.
Mr. Jim Dockery summarized the four options. City Manager asked
Council for feedback on what option each of them would prefer.
Council consensus was that Staff proceed with the Street Assessment.
Council feedback on the 4 options:
Option 4—Councilor Elmore, Councilor Barham, Councilor
Hatcher, Councilor Smith
Option 3—Councilor Roberts-Burns, Councilor Elmore (this or
Option 4), Councilor Barham (2Id choice)
Councilor Ginnings felt that if the election failed it could impair the rest of
the program, and he thought they would have strong opposition from the 4A
Board. He gave the following suggestion to avoid that and still do our programs.
Councilor Ginnings did not think we could avoid raising taxes in order to
get where we need to be with our maintenance but thought we should avoid it in
the first year to give them a chance to look. If we project this plan with a tax
increase in mind, a future council may not agree with that.
Councilor Ginnings suggested rather than focusing totally on our income,
say from 4B Fund, to focus on the ending balance and see what it would do if we
set an ending balance. If we set that ending balance at $2 million for four of the
five years we could do that. One year, due to some cash projects we are already
looking at, it drops by $33,000, but on the average holding that $2 million added
about $1.94 million that we could spend which is almost one cent on our tax rate.
Councilor Ginnings suggested that in addition to the $5 or$6 million debt
we were going to assign to 4B for service, we could add that $400,000 year
average that he identified by maintaining a constant ending balance in lieu of that
one cent. I am talking about taking it out of 4B and putting it into our Operating
Budget for eligible projects.
The Sewer Fund is one fund we are 10% below in our peer group
average. The 10% increase in our Sewer Fund would generate about $1 million.
I prefer where we have some margin in our Enterprise Funds that we utilize that
margin and that would impact the tax rate some. Do those things and then give
us the tax increase that would ramp up our Maintenance Fund to be at or close to
what we believe we need now. It would have less of a chance to be thrown out in
the future and would begin to address what we have not addressed in the past—
an adequate Maintenance Fund.
Councilor Ginnings is in favor of the Street Assessment.
Councilor Ginnings mentioned the City Government Complex and one of
the big unknowns is if the General Hospital can be utilized. If an opportunity
comes along in the near future for something other than the General Hospital we
would need an assessment, which would cost approximately $50,000, before we
could make a final decision. I would like for us to move that up and fund that in
early 2009-2010 if possible. City Manager stated that it can be moved up.
Councilor Ginnings would hope we could have a construction manager involved
with the architect on that assessment.
Councilor Ginnings stated that this does not put him in either Option 3 or
Option 4. He would appreciate Staff plugging in those numbers and see where
they fit best and tell Council how much we need to ramp up the General Fund to
achieve a realistic Maintenance in streets and pipes. He is not encouraging
increasing water or sanitation rates at this time.
Mayor Pro Tern Hatcher felt that if we believe we have problems
underground, and we do, then the voters would not vote against funding a way to
fix those problems.
Mr. Dockery explained that if 4A monies do not materialize it would just be
the amount of money you would have; you would still be able to do all your
commercial and residential projects because those can be done with General
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Item 11 continued
Fund, Water& Sewer Funds. If 4A did not materialize in an election we would
just have less money to spend on our program but it would not derail the program.
The other way, it would, if we did not have the General Funds and Water and
Sewer Funds and did not have economic development funds you could only do
pieces of your program.
City Council adjourned at 12:15 p. m.
PASSED AND APPROVED this 5Pday of 2010.
MAYOR
ATTEST:
dia Ozuna
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, December 15, 2009
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: Father Scott Wooten, Rector
Episcopal Church of the Good Shepherd
(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. (a) Approval Of Minutes Of December 1, 2009 Regular Meeting Of
The Mayor And City Council.
(b) Approval Of Minutes Of December 8, 2009 Special Meeting Of
The Mayor And City Council
CONSENT AGENDA
5. Receive Minutes
(a) Aviation Advisory Board, September 17, 2009
(b) Park Board, October 27, 2009
(c) 4B Sales Tax Corporation, November 13, 2009
REGULAR AGENDA
6. Ordinance Accepting Grant Funds Received From The Texas State
Library And Archives Commission (Loan Star Libraries Program) In
City Council Agenda
Tuesday, December 15, 2009
Page 2
The Amount Of $20,780, Appropriating the Funds From A Special
Revenue Fund, And Authorizing The City Manager To Execute The
Grant Contract (Council Bill #265)
7. Resolutions
(a) Resolution Awarding Bid For The South Weeks Park Pond
Project (CWF09-100-23) to Weakley's Welding & Dozer Service
in an estimated total amount of $388,473.55 (Council Bill #266)
(b) Resolution Approving The Transfer Of Various Aged
Receivable Accounts To Dormant Status As Part Of The City's
Fiscal Year End Closing Process and Authorize Collection
Activities Thereon (Council Bill #267)
(c) Resolution Confirming Appointment To The Firefighters' And
Police Officers' Civil Service Commission (Council Bill #268)
(d) Resolution supporting the 1st Amendment of the U.S.
Constitution and the preservation of the Texas Open Meetings
Act through its amendment to comply with the U.S. Constitution,
and supporting and joining with the City of Alpine's Lawsuit to
protect the rights granted to citizens pursuant to the 1st
Amendment of the U.S. Constitution from the criminal provisions
of the Texas Open Meetings Act. (Council Bill # 269)
8. Other Council Matters
(a) Staff Council Discussion
• Presentation by URS for Update on Airport Master Plan
(b) Discussion Of Items Of Concern To Members Of The City
Council.
9. 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 Potential Lawsuit Involving The Texas Open
Meetings Act).
(b) Executive Session In Accordance With Texas Government
Code § 551.074 To Deliberate The Appointment, Employment,
City Council Agenda
Tuesday, December 15, 2009
Page 3
Evaluation, Reassignment, Duties, Discipline, Dismissal Of A
Public Officer Or Employee, Including, But Not Limited To
Members Of The:
• Construction Board of Adjustment
• Landmark Commission
• Planning & Zoning Commission
• Zoning Board of Adjustment
• Civil Service Commission
10. Open Session To Consider Appointments To The Following Boards
And Commissions:
• Construction Board of Adjustment
• Landmark Commission
• Planning & Zoning Commission
• Zoning Board of Adjustment
• Aviation Advisory Board
• Traffic Safety Commission
11 . Continued Discussion of Capital Improvement Projects and Funding
Goals For The City.
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.
Any descriptions of property or amounts stated herein are descriptive and not restrictive, and property and amounts may be
changed in the motions, actions or documents without further public notice. This agenda has been reviewed and approved by the
attorney for the governing body, and the presence of any subject or description in the Executive Session portion of this agenda
constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for the governmental body
indicating that said subject or description thereof may be legally discussed in a closed meeting.
City Council Agenda
Tuesday, December 15, 2009
Page 4
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
, 2009 at o'clock (a.m.)(p.m.).
City Clerk