Min 09/06/2011 287
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
September 6, 2011
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
Michael Smith - Councilors
Annetta Pope -
Rick Hatcher -
Tim Ingle -
Mary Ward -
Darron Leiker - City Manager
Miles Risley - City Attorney
Lydia Ozuna - City Clerk
Mayor Barham called the meeting to order.
Item 2a
Pastor John Gardner, Legacy Church of God, gave the invocation.
Item 2b
Mayor Barham led in the Pledge of Allegiance.
Item 3a
Mayor proclaimed September 17, 2011 as "Boys & Girls Clubs Day for Kids in
Wichita Falls". Barry Turette and kids expressed appreciation to the Council and
accepted the proclamation.
Item 3b
Mayor proclaimed the week of September 17-23, 2011 as "Constitution Week
Daughters of the American Revolution". Representative from the Daughters of the
American Revolution accepted the proclamation.
Item 3c
Mayor proclaimed the month of September 2011 as "Emergency Preparedness
Month in Wichita Falls". Mr. John Henderson, Emergency Preparation Coordinator, and
Mr. Al Gonzales accepted the proclamation.
288
Item 3d
Mayor proclaimed September 11, 2011 as "911 Remembrance Day in Wichita
Falls" in remembrance of the victims who lost their lives and their families, as well as
our own first responders. Mayor encouraged citizens to remember, reflect, and thank
those who constantly watch over our safety and wellbeing. Police Chief Dennis
Bachman and Fire Chief Earl Foster accepted the proclamation.
Item 3e
Mayor recognized Mr. Danny Koch, Fire Equipment Operator Fire Department,
as Employee of the Month for September 2011. Mayor presented Mr. Koch 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 August 16, 2011 Council meeting were approved as distributed.
Items 6-7e
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Hatcher that the Consent Agenda be approved.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 6
RESOLUTION NO. 74-2011
Resolution Awarding Bid For Demolition Of Hazardous Structures To A & A
Construction, In The Amount Of$60,351.00
Items 7a-7e
Minutes of the following boards and commissions were received.
(a) Park Board, March 24, 2011
(b) Planning &Zoning Commission, June 8, 2011
(c) Wichita Falls-Wichita County Public Health Board, July 22, 2011
(d) Wichita Falls Economic Development Board (4A), June 8, 2011
(e) Wichita Falls Sales Tax Board (413), August 1, 2011
Item 8
A public hearing was held on the 2011-12 Preliminary Budget.
Mayor declared the public hearing open.
Mr. Jim Dockery informed that this was the second public hearing on the
proposed 2011-2012 Budget and another opportunity for public comments. Action on
this proposed budget will be taken at the City Council meeting scheduled for
September 20, 2011.
289
Item 8 continued
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
Item 9a
A public hearing was held for the FY 2011 Transit Grant for Capital, Planning,
and Operation Assistance for the Wichita Falls Transit System.
Mayor declared the public hearing open.
Mr. John Burrus informed that this was an annual formality to accept money
from the Federal Transit Administration. He noted the following two items— 1) There
are approximately $2.5 million identified for the Transit Travel Center Project and we
are working to narrow costs down to see our final figure; 2) Our local match is higher
than budgeted but that is also a formality so that we can capture all those funds from
the Federal Transit Administration to show our intention is to use those funds.
Mayor called for additional comments. There being none Mayor declared the
public hearing closed.
Item 9b
ORDINANCE NO. 46-2011
Ordinance Appropriating $1,328,180.00 of Federal Funds And $301,506.00 of
State Funds To The Special Revenue Fund For The FY 2011 Section 5307
Transit System And Authorizing The City Manager To Execute All Documents
Necessary to Accept Said Funding
Moved by Councilor Hatcher that Ordinance No 46-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 10a
ORDINANCE NO. 47-2011
Ordinance Appropriating $6,157,895 To The Special Revenue Fund For Grant
Revenue From The Federal Aviation Administration (FAA) For Runway 17-35
Phase II Reconstruction At Wichita Falls Municipal Airport And Authorizing The
City Manager To Execute A Grant Agreement Accepting Funds from the FAA
Moved by Councilor Roberts-Burns that Ordinance No 47-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 10b
A proposed ordinance was presented authorizing the issuance and sale of City
of Wichita Falls Combination Tax and Revenue Certificates of Obligation, Series 2011.
Moved by Councilor Ingle that proposed ordinance be passed.
Motion seconded by Councilor Ward.
290
Item 10b continued
Moved by Councilor Hatcher that proposed ordinance be tabled until a later
meeting in light of the Labor Day Holiday and the fact that sometimes that has the
tendency to inflate the market.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 10c
ORDINANCE NO. 48-2011
Ordinance Accepting $50,397.00 Of Grant Funds Pursuant To The 2011
Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Local
Solicitation Award #2011-DJ-BX-2686), Appropriating Said Funds To
The Special Revenue Fund, And Authorizing The City Manager To
Execute All Documents Necessary To Accept and Share Said Funds
Moved by Councilor Roberts-Burns that Ordinance No 48-2011 be passed.
Motion seconded by Councilor Pope.
Chief Bachman requested that the stalker moving radar be removed from the items
listed in this ordinance. This item is too difficult to use on the motorcycles; we will purchase
other items with those funds in the amount of$13,800.
Motion carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 11 a
RESOLUTION NO. 75-2011
Resolution Authorizing The City Manager To Execute An Interlocal
Agreement With Midwestern State University For The Operations Of A
Dedicated Public Transit Route
Moved by Councilor Hatcher that Resolution No. 75-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 11 b
RESOLUTION NO. 76-2011
Resolution Authorizing The City Manager To Execute Interlocal
Agreements With Local Volunteer Fire Departments For The Purchase
Of Fuel.
Moved by Councilor Roberts-Burns that Resolution No 76-2011 be passed.
Motion seconded by Councilor Ward and carried by the following vote.
291
Item 11 b continued
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 11 c
RESOLUTION NO. 77-2011
Resolution To Award Bid And Contract For The Seymour Highway /
Barnett Road Hike and Bike Trail Project, CSJ: 0903-03-099, STP
2011(235) TE to Luz Lerma Construction, Inc., In An Estimated Total
Amount Of $1,910,891.32
Moved by Councilor Hatcher that Resolution No 77-2011 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 11 d
RESOLUTION NO. 78-2011
Resolution Authorizing The City Manager To Execute A Professional
Services Agreement With Freese And Nichols, Inc. For Engineering
Services For The River Road Wastewater Treatment Plant Anaerobic
Digester Improvement Project In The Amount Of $497,583.00
Moved by Councilor Roberts-Burns that Resolution No 78-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 11 e
RESOLUTION NO. 79-2011
Resolution Authorizing The City Manager to Execute a Professional
Medical Services Agreement Between the City and North Central Texas
Medical Foundation For The Provision Of Medical Services To The
Wichita Falls-Wichita County Public Health District
Moved by Councilor Hatcher that Resolution No. 79-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
292
Item 11f
RESOLUTION NO. 80-2011
Resolution Awarding A Proposal For Insurance To Texas Municipal
League Intergovernmental Risk Pool In The Amount Of $113,457
Moved by Councilor Hatcher that Resolution No. 80-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Bums, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 11 q
RESOLUTION NO. 81-2011
Resolution Awarding Bid for The City's Annual Supply Of Chemicals For
Water And Wastewater Treatment To Various Vendors In The Estimated
Amount Of $1,592,623.45
Moved by Councilor Roberts-Burns that Resolution No. 81-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hatcher, Ingle, and Ward
Nays: None
Item 12a
There were no Staff reports
Item 12b
Council members brought up the following matters.
Councilor Roberts-Burns:
a) Thanked Street Superintendent and crew for their quick response to pot hole
repairs.
Councilor Ingle:
a) Agreed that we should always have an emergency plan
b) Disturbed with numbers in Times Record News Ranks the City's Health data. Let's
not waste taxpayers' dollars. We have to do something to change this; we have to
take an honest look through an economic study. He would like some different
evaluation criteria and does not want this to be passed over.
Councilor Hatcher:
a) It has to start at home with everyone being a cheerleader for the City and we have
to make sure we are doing everything we can to make Wichita Falls 100%
business friendly so we can compete with everybody. We have to have that Pride
in the Falls mentality. You have to be optimistic about the future.
b) Stream lining City Council meeting live this morning on the internet. Everyone in
the world can see us on their computer.
Councilor Smith:
a) Thanked all the volunteers and staff who helped with the Hotter N Hell event.
b) September 10 is Museum Day Roll & Stroll from 10-5. Trolley transportation
available. Free admission to all museums.
c) Update on Beverly/Cherry Street demolitions. City Manager informed that it is on
track for demolition
d) Update on water drought plan. Mr. Schreiber gave an update.
293
Item 12b continued
Councilor Ward:
a) Asked for prayer and support for the people in Bastrop.
b) Welcomed the new base commander
c) Expressed appreciation for the wonderful staff
Councilor Pope:
a) Thanked Mr. Larry Krugle and his crew for removing a tree in District 2 that was a
safety hazard.
b) District 2 town hall meeting tentatively scheduled for September 27, 7:00 p.m. at
Washington Jackson School.
Mayor Barham:
a) Reminded that Sunday is the anniversary of 911, many events happening on that
day, he encouraged everyone to be sure and take part in those events.
b) Street rehab projects, striping will be done after they are rehabbed.
c) Reluctant to make assessments based on two year old data; some members of
this community that read reports like Councilor Ingle referenced, go ballistic. He
clarified that he was not referring to Councilor Ingle. We have been doing a lot and
I think this community is a lot better off than a lot of folks think it is. Much has been
done to improve our situation which has helped our economy remain fairly stable
here. We should be proactive not reactive. Look forward to the 4A meeting
tomorrow.
Item 13
City Council went into Executive Session at 10:30 a.m. in accordance with Texas
Government Code 551.074.
City Council reconvened at 12:50 p.m.
Mayor announced that no polls or votes were taken during Executive Session.
Item 14
City Council adjourned at 12:55 p.m.
PASSED AND APPROVED this_20th day of_September 2011.
Glenn Barham, Mayor
ATTEST:
Lydia Ozuna, City Clerk
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor , ,.:. .
Dorothy Roberts-Burns, Mayor Pro Tern
Michael Smith, District 1
Annetta Pope, District 2 = ' 4
Rick Hatcher, District 3 4
Tim Ingle, District 4
�CN,Ta q Mary Ward, District 5
T E X A S
B/u�SkiesG�/de�0�yettun�7'ies 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, September 6, 2011 Beginning At 8:30 A.M.
Item # Bill #
1. Call To Order
2. (a) Invocation: Pastor John Gardner
Legacy Church of God
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation — Boys & Girls Clubs Day for Kids, Barry Turette & Kids
(b) Proclamation — Constitution Week, Daughters of the American
Revolution
(c) Proclamation — Emergency Preparedness Month
(d) Proclamation — September 11t" 2001 Remembrance
(e) Employee of the Month - Danny Koch, Fire
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 The August 16, 2011 Regular Meeting Of The Mayor
And City Council
CONSENT AGENDA
6. Resolution Awarding Bid For Demolition Of Hazardous #128
Structures To A & A Construction In The Amount Of$60,351.00
7. Receive Minutes
(a) Park Board, March 24, 2011
(b) Planning & Zoning Commission, June 8, 2011
(c) Wichita Falls-Wichita County Public Health Board, July 22, 2011
(d) Wichita Falls Economic Development Board (4A), June 8, 2011
(e) Wichita Falls Sales Tax Board (413), August 1, 2011
REGULAR AGENDA
8. Public Hearing On The 2011-12 Preliminary Budget
9. (a) Public Hearing For The FY 2011 Transit Grant For Capital, Planning
And Operating Assistance For The Wichita Falls Transit System
(b) Ordinance Appropriating $1,328,180.00 of Federal Funds #129
And $301,506.00 of State Funds To The Special Revenue
Fund For The FY 2011 Section 5307 Transit System And
Authorizing The City Manager To Execute All
Documents Necessary to Accept Said Funding
10. Ordinances
(a) Ordinance Appropriating $6,157,895 To The Special #130
Revenue Fund For Grant Revenue From The Federal
Aviation Administration (FAA) For Runway 17-35 Phase
II Reconstruction At Wichita Falls Municipal Airport And
Authorizing The City Manager To Execute A Grant
Agreement Accepting Funds from the FAA
(b) Ordinance Authorizing The Issuance And Sale Of City Of #131
Wichita Falls, Texas Combination Tax And Revenue
Certificates Of Obligation, Series 2011, in the aggregate
principal amount of $3,200,000; Levying An Annual Ad
Valorem Tax And Providing For The Security For And
Payment Of Such Certificates; And Ordaining Other
Matters In Connection Therewith
(c) Ordinance Accepting $50,397.00 Of Grant Funds #132
Pursuant To The 2011 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program (Local Solicitation
Award #2011-DJ-BX-2686), Appropriating Said Funds To
The Special Revenue Fund, And Authorizing The City
Manager To Execute All Documents Necessary To
Accept and Share Said Funds
CITY COUNCIL AGENDA
PAGE 2 OF 4 PAGES
11. Resolutions
(a) Resolution Authorizing The City Manager To Execute An #133
Interlocal Agreement With Midwestern State University
For The Operations Of A Dedicated Public Transit Route
(b) Resolution Authorizing The City Manager To Execute #134
Interlocal Agreements With Local Volunteer Fire
Departments For The Purchase Of Fuel
(c) Resolution Awarding Bid For The Seymour Highway / #135
Barnett Road Hike And Bike Trail Project, CSJ: 0903-03-
099, STP 2011(235) TE to Luz Lerma Construction, Inc.
In An Estimated Total Amount Of$1,910,891.32
(d) Resolution Authorizing The City Manager To Execute A #136
Professional Services Agreement With Freese And
Nichols, Inc. For Engineering Services For The River
Road Wastewater Treatment Plant Anaerobic Digester
Improvement Project In The Amount Of$497,583.00
(e) Resolution Authorizing The City Manager to execute a #137
Professional Medical Services Agreement between the
City and North Central Texas Medical Foundation For
The Provision Of Medical Services To The Wichita Falls-
Wichita County Public Health District
(f) Resolution Awarding a Proposal For Insurance to Texas #138
Municipal League Intergovernmental Risk Pool In The
Amount Of$113,457.00
(g) Resolution Awarding bid for The City's Annual Supply #139
Of Chemicals For Water And Wastewater Treatment To
Various Vendors In The Estimated Amount Of
$1,592,623.45
12. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City Council.
13. Executive session in accordance with Texas Government Code §551.074 to
deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, and/or dismissal of a public officer or employee (including, but
not limited to, City Manager, City Clerk, City Attorney, and Judge of the
Municipal Court).
CITY COUNCIL AGENDA
PAGE 3 OF 4 PAGES
14. 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
2011 at o'clock (a.m.)(p.m.).
City Clerk
CITY COUNCIL AGENDA
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