Min 11/17/2009 726
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
November 17, 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
Reverend Rhodes Stripp, Interim Pastor of Fain Presbyterian Church, gave the
invocation.
Item 2b
Mayor Lyne led in the Pledge of Allegiance.
Item 3a
Texas Amateur Athletic Federation (TAAF) President Susan Gerred and
Executive Director Mark Lord presented the City of Wichita Falls Parks & Recreation
Department with the 2008-2009 TAAF Bronze City Member Award in recognition of
outstanding performance to Texas Amateur Athletic Federation. Mr. Lord recognized
Jack Murphy, Parks & Recreation Director, Scott McGee, Recreation Services
Administrator, and Doug Simmons, Athletic Coordinator.
Mr. Jack Murphy accepted the award noting that he was proud to be a participant
of TAAF. We have had participants since its inception; it offers a variety of sports
opportunities for young people. Mr. Murphy was proud to receive this award and
thanked TAAF.
Item 3b
Mr. Scott McGee mentioned that they have a very strong track program through
TAAF with over 100 kids participating and approximately 40 going to State competition.
We have two that have been recognized as exceptional athletes.
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Item 3b continued
Mr. McGee recognized Bethany Hill, Iowa Park High School, as the Local Female
Athlete of the year. Miss Hill received a gold medal at Region and a silver medal at
State games, and is involved and volunteers in a variety of activities while maintaining a
4.0 GPA.
Mr. McGee recognized Brandon Shepherd, Hirschi High School, as the Local and
Region 8 Athlete of the Year for TAAF. Mr. Shepherd received a gold medal and a
bronze medal at Region; and he participates in several school athletic/sports activities.
He is involved in various youth community activities, including the Academic Success
Program, Teens Make a Difference Program; and he received the President's Education
Award.
Mr. McGee expressed appreciation to TAAF and to the City Council for their
support.
Item 4
Jay Carter, President and CEO of Carter Aviation Technologies, announced that
they have licensed their technology to AAI Corporation, who is a large manufacturer of
unmanned aircraft for our military. This is a huge endorsement for us; it is a multimillion
dollar contract over a forty year period. We hope we will bring a lot of business to
Wichita Falls and we appreciate all Wichita Falls has done in order to enable this to
happen.
Dennis Probst, 5214 Whispering Creek, commented on the number of
engineering contracts awarded to firms in the metroplex instead of local firms. He asked
Council to consider returning to the policy of supporting local firms.
Items 5a-5b
Minutes of the following Council meetings were approved as distributed.
(a) October 28&29, 2009 Special City Council Meeting
(b) November 3, 2009 Regular City Council Meeting
Items 6a-6f
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Smith that the Consent Agenda be approved.
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
Minutes of the following boards and commissions were received.
(a) MPO Technical Advisory Committee, July, 8, 2009
(b) MPO Transportation Policy Committee, July 22, 2009
(c) Traffic Safety Committee, September 2, 2009
(d) Library Board, September 22, 2009
(e) Park Board, September 24, 2009
(f) Civil Service Commission, October 23, 2009
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Item 7
ORDINANCE NO. 87-2009
Ordinance Adopting Revised FEMA Flood Insurance Study And Flood Insurance
Rate Maps, Providing For Enforcement Of Floodplain Regulations In Accordance
Therewith, And Providing An Effective Date Of February 3, 2010.
Moved by Councilor Roberts-Burns that Ordinance No. 87-2009 be
passed.
Motion seconded by Councilor Ginnings and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings,
and Elmore
Nays: None
Item 8a
RESOLUTION NO. 152-2009
Resolution Authorizing The City Manager To Execute A Professional Services
Agreement With Freese And Nichols, Inc. For Drainage Master Plan Update In
An Estimated Total Amount Of$464,240.00
Moved by Councilor Ginnings that Resolution No. 152-2009 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 8b
RESOLUTION NO. 153-2009
Resolution Authorizing The City Manager To Execute A Professional Services
Agreement With Camp Dresser & McKee Inc. For Lake Arrowhead Raw Water
Pipeline Assessment — Phase II (Sta 281+00 To Sta 683+50) In The Amount Of
$771,500.00
Moved by Councilor Hatcher that Resolution No. 153-2009 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 8c
RESOLUTION NO. 154-2009
Resolution Authorizing The City Manager To Execute A Professional Services
Agreement With Kimley-Horn And Associates For Engineering Services Related
To The Wichita Falls Circle Trail Extensions, In An Estimated Amount Of
$190,000
Moved by Councilor Barham that Resolution No 154-2009 be passed.
Motion seconded by Councilor Ginnings and carried by the following vote.
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Item 8c continued
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings,
and Elmore
Nays: None
Item 9a
There were no staff reports.
Item 9b
Councilor Elmore asked staff to have the crossing-guard lines repainted at
City View Elementary.
Councilor Elmore thanked everyone that attended the District 5 Town Hall
Meeting; it was a very good meeting.
Councilor Elmore mentioned that the tax referendum for City View
Independent School District had passed and he was very pleased about that; it is
a big thing for the kids out there.
Councilor Elmore congratulated Carter Aviation.
Councilor Barham congratulated Carter Aviation and he looks forward to
future projects.
Councilor Barham wished everyone a Happy Thanksgiving Day and
wished everyone safe travel and a good holiday weekend.
Councilor Hatcher congratulated Crime Stoppers on the award they
received in Australia for the greatest increase in arrests for a population our size.
Since Crime Stoppers inception in 1981 we have received over $29,390,000
worth of stolen property. Good Job.
Councilor Hatcher wished everyone a Happy Thanksgiving Day, and
reminded everyone to attend the City Lights Parade this coming Saturday.
Councilor Ginnings seconded all the congratulations given this morning.
Councilor Ginnings referred to the Athletes of the Year recognition this
morning and commented that it was a great and enjoyable event.
Councilor Ginnings asked Mr. Schreiber to comment on issues raised this
morning by Mr. Dennis Probst's. Mr. Schreiber commented that Mr. Probst's
Firm did submit as a sub with another larger firm; however no local firm submitted
a proposal as the lead bidder. We do spread the projects around between all the
local consultants. He mentioned the different projects and engineers. He
explained the logic and thought process he uses on the proposals that are
submitted.
Councilor Ginnings commented that maybe the local firm and the larger
firm can collaborate and have the local firm submit the proposal.
Councilor Ginnings asked Mr. Schreiber to describe the parameters of
scoring bidders on Requests for Proposals and projects to prioritize same. Mr.
Schreiber explained the process.
Councilor Smith mentioned a citizen's concern regarding businesses not
having addresses on their buildings and the difficulty in locating them. It is
necessary to have addresses on buildings so that everyone including emergency
personnel can locate you. He encouraged everyone to place addresses on their
homes and businesses.
Councilor Smith informed that the paving on Seventh Street between Ohio
and Indiana Streets is completed and was very nicely done. Our hats are off to
the Street Department.
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Item 9b continued
Councilor Smith reminded everyone that the City Lights Parade kicks off
the holiday season. Last year 7000 attended so let's shoot for 10,000 this year.
Councilor Smith congratulated Carter Aviation; great news for the City and
he hopes jobs do materializes from that. This reminds us that with possibly this
type of industry and others coming we need to continue working on our new
terminal airport building. Maybe this will spur us on to get that new airport
terminal building built.
Councilor Smith wished everyone a Happy Thanksgiving Day.
Mayor Lyne stated that the City Lights Parade is the culmination of the
day's activities taking place downtown this Saturday. Enjoy the whole day
downtown; there will be food, drink, music, games and other things. Take
advantage of the day and take your family downtown. The City Lights Parade is
the biggest and longest parade we have each year and there is usually a special
guest at the end of the parade.
Items 10a and 10b
City Council went into Executive Session at 9:53 a.m. in accordance with
Texas Government Code §551.071 and Texas Government Code Section
551.072.
City Council reconvened at 10:18 a.m.
Mayor announced that no votes or polls were taken during Executive
Session.
Item 11
Moved by Councilor Hatcher that Ms. Donna Jane McGough be appointed
to Place 1 and Ms. Arthur Beatrice Williams be appointed to Place 2 of the Library
Advisory Board with terms to expire July 31, 2010.
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
City Council adjourned at 10:20 a.m.
PASSED AND APPROVED this l day 2009.
MAYOR
ATTEST:
"�tydia 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, November 17, 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: Reverend Rhodes Stipp, Interim Pastor
Fain Presbyterian Church
(b) Pledge Of Allegiance
3. Presentations
(a) Presentation by Texas Amateur Athletic Federation President
Susan Gerred and Executive Director Mark Lord to Parks &
Recreation Department
(b) Presentation of TAAF Local Male and Female Athletes of the Year
and the AAF Region 8 Male Athlete of the Year
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 October 28 & 29, 2009 Special Meeting Of
The Mayor And City Council.
(b) Approval Of Minutes Of November 3, 2009 Regular Meeting Of
The Mayor And City Council.
CONSENT AGENDA
6. Receive Minutes
(a) MPO Technical Advisory Committee, July, 8, 2009
(b) MPO Transportation Policy Committee, July 22, 2009
(c) Traffic Safety Committee, September 2, 2009
City Council Agenda
Tuesday, November 17, 2009
Page 2
(d) Library Board, September 22, 2009
(e) Park Board, September 24, 2009
(f) Civil Service Commission, October 23, 2009
REGULAR AGENDA
7. Ordinance Adopting Revised FEMA Flood Insurance Study And Flood
Insurance Rate Maps, Providing For Enforcement Of Floodplain
Regulations In Accordance Therewith, And Providing An Effective Date
Of February 3, 2010 (Council Bill # 245)
8. Resolutions
(a) Resolution Authorizing The City Manager To Execute A
Professional Services Agreement With Freese And Nichols, Inc.
For Drainage Master Plan Update In An Estimated Total Amount
Of $464,240.00 (Council Bill # 246)
(b) Resolution Authorizing The City Manager To Execute A
Professional Services Agreement With Camp Dresser & McKee
Inc. For Lake Arrowhead Raw Water Pipeline Assessment —
Phase II (Sta 281+00 To Sta 683+50) In The Amount Of
$771 ,500.00 (Council Bill # 247)
(c) Resolution Authorizing The City Manager To Execute A
Professional Services Agreement With Kimley-Horn And
Associates For Engineering Services Related To The Wichita Falls
Circle Trail Extensions, In An Estimated Amount Of $190,000
(Council Bill # 248)
9. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
10. 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 acquisition of 306 Scott).
City Council Agenda
Tuesday, November 17, 2009
Page 3
(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 306 Scott).
11. Select Appointments To The Following Boards & Commissions:
• Library Board
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.
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