Min 10/20/2009 705
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
October 20, 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
Julia Vasquez - Assistant City Attorney
Lydia Ozuna - City Clerk
Mayor Lyne called the meeting to order.
Item 2a
Reverend Paul Goodrich, Pastor from First United Methodist Church gave the
invocation.
Item 2b
Mayor Lyne led in the Pledge of Allegiance.
Item 3
Mayor Lyne proclaimed the week of October 19 - 23, 2009 as the "81 st Annual
National Business Women's Week, Texas Business Women of Wichita Falls." Officers
and members of the Texas Business Women of Wichita Falls thanked the Mayor and the
Council for their continued support and accepted the Proclamation.
Item 4
Brenda Morriss, 4107 Scottsdale Ln, Wichita Falls, TX, spoke to the council
about working with her on paying back taxes on her property, rather than foreclosing on
her home. Mayor Lyne stated the City would not be the ones to make such a decision,
and requested that she leave her contact information with the City Clerk. Mr. Dave Clark
directed her to Property Management Department.
Item 5
Minutes of the October 6, 2009 City Council Meeting were approved as distributed.
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Items 6a-6d
City Manager gave a briefing on the items listed under the Consent Agenda.
Councilor Ginnings requested items 6c and 6d be removed from the Consent Agenda
for further discussion.
Moved by Councilor Barham that the Consent Agenda be approved with the
exception of Items 6c and 6d.
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. 139-2009
Resolution Authorizing The City Manager To Execute A Contract With
Work Services Corporation For Services Provided By Vocationally
Handicapped Persons, In A Total Amount Not To Exceed $77,200.
Item 6b
RESOLUTION NO. 140-2009
Resolution Authorizing The Purchase Of 1,944 Roll-Out Refuse Carts
And 880 Yard Waste Carts Through The Houston-Galveston Area
Council Cooperative Purchasing Program From Rehrig Pacific Company
In The Amount Of$126,611.51.
Item 6c
RESOLUTION NO. 141-2009
Resolution Authorizing The Purchase Of A Wildcat Trommel Screen With
Air Lift Separator Through The Buy Board Cooperative Purchasing
Program From Vermeer Equipment Of Texas, Inc., In The Amount Of
$235,420.05.
Councilor Ginnings asked if this was a replacement or new technology.
Mr. Russell Schreiber informed that this was a replacement and added it will
remove some of the plastics.
Councilor Ginnings asked if we had any economics on the compost. Mr.
Schreiber replied they did not have the exact figures but there is a lot of value
and good will.
Item 6d
RESOLUTION NO. 142-2009
Resolution Authorizing The Purchase Of A Caterpillar Articulated Ejector
Truck Through The BuyBoard Cooperative Purchasing Program From
Warren Cat, In The Amount Of$429,483.00.
Councilor Ginnings asked if this was a covering devise. Mr. Schreiber
replied it was a covering but they do not intend to move trash with it.
Item 7a-7b
Minutes of the following boards and commissions were received.
(a) Park Board, June 25, 2009.
(b) Animal Shelter Advisory Committee, February 19, 2009
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Items 6c-7b continued
Moved by Councilor Ginnings that Items 6c-7b 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 8
A public hearing was held regarding proposed annexation of approximately 242.73
acres of land generally east of Allendale Road and south of Kell Boulevard that Includes
property owned by North Texas Rural Rail Transportation District, Pitts Sand and Gravel Inc.,
and land generally referred to as the Certain-Teed or Saint Gobain Vetrotex Property.
Mayor declared the public hearing open.
Mr. Dave Clark provided background information on the proposed annexation. He
commented the property referred to as the St. Gobain or Verrrotex properties would not
require additional City services. Mr. Clark stated a special meeting would be required in
November if the Council chose to proceed with the annexation. This was the second public
hearing required by state regulations on annexations.
Mayor called for additional public comments. There being none Mayor
declared the public hearing closed.
Item 9a
ORDINANCE NO. 76-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Authorizing The City Manager To Execute All Necessary Documents To
Settle City of Wichita Falls v. Gary Mehan, dba GM Properties, Civil
Action No. C-307-A, And Appropriating Necessary Funds From General
Fund Reserves For Settlement Of Said Case.
Moved by Councilor Barham that Ordinance No.76-2009 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 9b
ORDINANCE NO. 77-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Section 70-33 Of The Code Of Ordinances, Identifying The
Classifications And Number Of Positions In Each Classification For The
Wichita Falls Police Department.
Moved by Councilor Barham that Ordinance No. 77-2009 be passed.
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
708
Item 9c
ORDINANCE NO. 78-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Section 50-34 Of The Code Of Ordinances, Identifying The
Classifications And Number Of Positions In Each Classification For The
Wichita Falls Fire Department.
Moved by Councilor Roberts-Burns that Ordinance No. 78-2009 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 9d
ORDINANCE NO. 79-2009
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Section 82-59 Of The Code Of Ordinances Of The City Of
Wichita Falls To Specify That Mining Or Drilling For Oil, Gas Or Other
Minerals Is Prohibited On The Surface Of Public Parks In The City And
Providing A Penalty In An Amount Of Up To $500 Upon Violation
Moved by Councilor Elmore that Ordinance No.79-2009 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 10a
RESOLUTION NO. 143-2009
Resolution Authorizing The Purchase Of Seven Toro Mowers Through
The BuyBoard Cooperative Purchasing Program From Professional Turf
Products, In The Total Amount Of$151,976.31.
Moved by Councilor Roberts-Burns that Resolution No. 143-2009 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
709
Item 10b
RESOLUTION NO. 144-2009
Resolution Awarding Bid For Demolition of Hazardous Structures To A&A Construction, in
the amount of$34,252.00.
Moved by Councilor Roberts-Burns that Resolution No 144-2009 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 10c
RESOLUTION NO. 145-2009
Resolution Authorizing An Expenditure By The Wichita Falls Police
Department From The Seized Funds Account For A One-Time
Expenditure Of$96,454.00
Moved by Councilor Hatcher that Resolution No. 145-2009 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 10d
RESOLUTION NO. 146-2009
Resolution Authorizing City Staff To Execute All Documents Necessary To
Accept American Recovery And Reinvestment Act Funds In The Amount Of
$777,575 From The U.S. Department Of Energy For The Purchase Of LED
Roadway And Park Lighting Fixtures, With No Local Match Required.
Moved by Councilor Elmore that Resolution No. 146-2009 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 10e
RESOLUTION NO. 147-2009
Resolution Authorizing The City Manager To Execute An Encroachment
Agreement With Brown and Caldwell for Water Monitoring Wells to be
located at 5 Different Locations along North 9th/10th Streets
Moved by Councilor Roberts-Burns that Resolution No. 147-2009 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
710
City Council recessed at 9:45 a.m. and reconvened at 10:00 a.m.
Item 11a (1)
Mr. Dave Clark provided an update on the completion of the revised Flood
Insurance Rate Maps (FIRM). He stated that Federal Emergency Management
Association (FEMA) had updated their base maps after approximately 30 years.
The update was completed incorporating data that was not readily available 30
years ago. The new maps will go into effect as of February 3, 2010. Mr. Clark
commented 496 properties had been added to the flood plain and 268 other
properties had been removed, based on the new maps. He informed that the
citizens had been notified of possible changes in the flood plain in February 2009.
Mr. Clark stated the citizens needed to determine if their property was going in or
out of the flood plain and consult with their insurance companies on any needed
changes in their policy. He gave a brief overview of the changes and reviewed the
new maps with the Council. Mr. Clark said an ordinance would be presented to
the Council in November requesting adoption of the new maps. He discussed the
City's policies on development within the flood plain and how the new maps would
assist the Council and staff in improving the storm drainage system throughout
the City.
Item 11 a (2)
Mr. Russell Schreiber reminded the Council that earlier this year the staff
brought the Council an agreement for the City to do a joint venture with the United
States Geological Survey (USGS) to look at the Wichita River between Loop 11
and the east City limits to try and determine if changes in the River over the last
30 years caused the flooding in 2007 and 2008. He introduced Mr. Mick Baldys
and Tim Rains with the USGS who gave a presentation to the Council. The study
concluded the following changes in the river contributed to the flooding:
1. The Average velocity of flood flows is reduced.
2. Vegetation along the main channel has increased since 1950.
3. Channel obstruction present on the right bank at Scott Street.
4. Partial channel obstructions present on the left bank at Martin Luther
Kind Blvd.
5. Some narrowing of the channel beginning one mile downstream of
Martin Luther King Blvd.
Mr. Schreiber recommended the City and USGS continue to work together
and pool their money to better assist the City in analyzing other areas of the
Wichita River and determining what corrective actions would be most beneficial
and cost effective.
Item 11 b
Councilor Roberts-Burns complimented Shepard Air Force Base for a
wonderful air show and stated she thought they had a great turn out.
Councilor Elmore agreed that the air show was wonderful.
Councilor Elmore complimented the Wichita Theatre on their new entry
and encouraged everyone to go to the movie. He stated they had other projects
going and he appreciated their efforts.
Councilor Hatcher commented he was aware of a situation on Gregg Road
where the City had installed new sidewalks next to the soccer field and citizens
were driving up on the sidewalk. This is something that would tear up the
sidewalks and he requested staff look into this issue.
City Manager stated they were aware of this and would have the Police
get out there and write tickets to discourage this behavior.
Ill
Item 11 b continued
Councilor Hatcher complimented the Public Works Department on the
flood control construction on Kemp and Southwest Parkway; the progress
appeared to be on schedule and driving through the area was not bad.
Mr. Schreiber confirmed that even with all the rain the project was on
schedule.
Councilor Ginnings stated he had received a memo from Mrs. Franklin,
Health Director, regarding the feral cat ordinance and he supports her proposal
that violations be handled in the normal and standard manner. It was his
understanding there were issues with compliance of this ordinance.
Councilor Ginnings mentioned a second memo he received related to the
watering hours. He stated he reviewed the study and agreed with the Director's
recommendations.
Councilor Ginnings said he had concerns with the safety of citizens on the
bike trails. He has received calls from citizens who had been frightened while on
the trails. He requested they look at the bike trail security to determine if there
was anything they could do to improve the safety for the citizens.
Councilor Ginnings thanked Mr. Clark for the information on the property
maintenance code and a recommendation for a "paint up, fix up" campaign. He
requested a recommendation on what the City might do for commercial buildings,
as many were being abandoned. Councilor Ginnings recommended, when a
commercial building was listed with a realtor, they contact the realtor and request
mowing and upkeep on the building.
City Manager informed that the City notifies owners of unkempt property of
their responsibilities to maintain the property.
Councilor Smith said he had received numerous calls about the cutting of
hours and staff at the library. He requested Council look at bringing back some of
the hours and two of the positions which had been cut. He stated there was a
desire by citizens to bring back the hours as some of them could only utilize the
facilities during those hours due to their work schedules.
City Manager stated that the new hours had not been implemented yet
and suggested giving it about six months to see what the impact would be. He
acknowledged they had received some concerns from citizens. He informed that
one of the two employees, whose position was being cut, had been placed with
another department within the City and they were currently trying to place the
second employee. He explained to the Council that they would continue to watch
how many people walked into the library at different times and with time they may
want to change the hours to better serve the citizens.
Councilor Smith informed that Saturday October 24th was the 8th annual
Teen Make a Difference Day, a project of the Nonprofit Center of Wichita Falls.
The project had grown from 300 volunteers to almost 2000. On Saturday
volunteers between the ages of 13 and 18 would be doing various public service
projects throughout the City. Councilor Smith commended them for their service.
Councilor Smith said in other cities he has seen solar powered lights and
call boxes along walking and bike trails and he felt this might be something our
City could consider to make the trails safer.
Mayor Lyne thanked Councilor Hatcher for sitting in for him at the October
6, 2009 Council Meeting.
Mayor Lyne expressed appreciation to Shepard Air Force Base for putting
on the air show.
Item 12a
This item was considered in open session.
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Item 12b
City Council went into Executive Session at 11:33 a.m. in accordance with
Texas Government Code 551.072, to deliberate the purchase, exchange, lease or
value of real property interest 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 Castaway Cove property.)
City Council reconvened at 12:31 p.m.
Mayor announced that no votes or polls were taken during Executive
Session.
City Council adjourned at 12:32 p.m.
PASSED AND APPROVED this Y day of UQA4,AM(o L2 2009.
MAYOR
ATTEST:
L is 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, October 20, 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 Paul Goodrich, Pastor
First United Methodist Church
(b) Pledge Of Allegiance
3. Proclamation: National Business Women's Week -
Texas Business Women of Wichita Falls
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 October 6, 2009 Regular Meeting Of The
Mayor And City Council.
CONSENT AGENDA
6. Resolutions
(a) Resolution Authorizing The City Manager To Execute A
Contract With Work Services Corporation For Services
Provided By Vocationally Handicapped Persons, In A Total
Amount Not To Exceed $77,200 (Council Bill #221)
(b) Resolution Authorizing The Purchase Of 1,944 Roll Out Refuse
Carts And 880 Yard Waste Carts Through The Houston-
Galveston Area Council (H-GAC) Cooperative Purchasing
Program From Rehrig Pacific Company, In The Amount Of
City Council Agenda
Tuesday, October 20, 2009
Page 2
$126,611.51 (Council Bill # 222)
(c) Resolution Authorizing The Purchase Of A Wildcat Trommel
Screen With Air Lift Separator Through The BuyBoard
Cooperative Purchasing Program From Vermeer Equipment Of
Texas, Inc., In The Amount Of $235,420.05 (Council Bill # 223)
(d) Resolution Authorizing The Purchase Of A Caterpillar
Articulated Ejector Truck Through The BuyBoard Cooperative
Purchasing Program From Warren Cat, In The Amount Of
$429,483.00 (Council Bill # 224)
7. Receive Minutes
(a) Park Board, June 25, 2009
(b) Animal Shelter Advisory Committee, February 19, 2009
REGULAR AGENDA
8. Public Hearing Regarding The Proposed Annexation Of
Approximately 242.73 Acres Of Land Generally East Of Allendale
Road And South Of Kell Boulevard That Includes Property Owned By
North Texas Rural Rail Transportation District, Pitts Sand And Gravel
Inc., And Land Generally Referred To As The Certain-Teed Or Saint
Gobain Vetrotex Property
9. Ordinances
(a) Ordinance Authorizing The City Manager To Execute All
Necessary Documents To Settle City of Wichita Falls v. Gary
Mehan, dba GM Properties, Civil Action No. C-307-A, And
Appropriating Necessary Funds From General Fund Reserves
For Settlement Of Said Case (Council Bill # 225)
(b) Ordinance Amending Section 70-33 Of The Code Of
Ordinances, Identifying The Classifications And Number Of
Positions In Each Classification For The Wichita Falls Police
Department (Council Bill # 226)
(c) Ordinance Amending Section 50-34 Of The Code Of
Ordinances, Identifying The Classifications And Number Of
Positions In Each Classification For The Fire Department
(Council Bill #227)
(d) Ordinance Amending Ordinance Sec. 82-59 To Prohibit Mining
Or Drilling For Oil, Gas, Or Other Minerals On The Surface Of
Any Public Park In The City (Council Bill # 228)
City Council Agenda
Tuesday, October 20, 2009
Page 3
10. Resolutions
(a) Resolution Authorizing The Purchase Of Seven Toro Mowers
Through The BuyBoard Cooperative Purchasing Program From
Professional Turf Products, In The Amount Of $151 ,976.31
(Council Bill # 229)
(b) Resolution Awarding Bid For Demolition Of Hazardous
Structures To A & A Construction, In The Amount Of
$34,252.00 (Council Bill # 230)
(c) Resolution Authorizing Expenditure By The City of Wichita Falls
Police Department From The Seized Funds Account In The
Amount Of $96,454.00 For The Procurement Of Various Items
Not Included In The FY 2009 / 2010 General Fund Budget
(Council Bill # 231 )
(d) Resolution Authorizing City Staff To Execute All Documents
Necessary To Accept American Recovery And Reinvestment
Act Funds In The Amount Of $777,575 From The U.S.
Department Of Energy For The Purchase Of LED Roadway
And Park Lighting Fixtures, With No Local Match Required
(Council Bill # 232)
(e) Resolution Authorizing The City Manager To Execute An
Encroachment Agreement With Brown And Caldwell For Water
Monitoring Wells To Be Located At 5 Different Locations Along
North 9th/10th Street (Council Bill # 233)
11 . Other Council Matters
(a) Staff Council Discussion
(1) Updated completion of the revised FIRM (Flood Insurance
Rate Maps)
(2) Presentation on Wichita River Flood Study - United States
Geological Survey
(b) Discussion Of Items Of Concern To Members Of The City
Council.
12. 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
City Council Agenda
Tuesday, October 20, 2009
Page 4
Texas clearly conflicts with the Texas Open Meetings Act
(including, but not limited to, legal issues related to potential
acquisition of Castaway Cove and Wichita Falls v. Gary Mehan,
dba GM Properties).
(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 Castaway Cove property.
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 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 ,
2009 at o'clock (a.m.)(p.m.).
City Clerk