Min 10/04/2011 301
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
October 4, 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.
Dorothy Roberts-Burns - Mayor Pro Tern
Michael Smith - Councilors
Annetta Pope -
Rick Hatcher -
Tim Ingle -
Mary Ward -
Glenn Barham - Mayor, absent
Darron Leiker - City Manager
Miles Risley City Attorney
Lydia Ozuna - City Clerk
Mayor Pro Tern Dorothy Roberts-Burns called the meeting to order.
Item 2a
Mike Rucker, Pastor of Bible Baptist Church, gave the invocation.
Item 2b
Mayor Pro Tern Roberts-Burns led in the Pledge of Allegiance.
Item 3a
Mayor Pro Tern proclaimed October 15, 2011 as "White Cane Day in Wichita Falls".
Representatives from the Texas Department of Assistive and Rehabilitative Services, Division of
the Blind Services, accepted the proclamation.
Item 3b
Mayor Pro Tern proclaimed October 2-8, 2011 as "National 4-H Week". Representative
from 4H and Youth Development accepted the proclamation.
Item 3c
Mayor Pro Tern proclaimed the month of October 2011 as "National Crime Prevention
Month". Chief Bachman and Police Officer Christopher Cozart accepted the proclamation; Chief
Bachman encouraged everyone to work together to make Wichita Falls a safer and more
productive City; and participate in the National Night Out festivities tonight.
302
Item 3d
Mayor Pro Tern proclaimed the month of October 2011 as "Ability One Month —Work
Services Corporation Month in Wichita Falls".
Item 3e
Mayor Pro Tern recognized Mrs. Kathy Geil, Parks & Recreation 50+Zone Coordinator,
as Employee of the Month for October 2011. Mayor Pro Tern presented Mrs. Geil 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 September 20, 2011 Council meeting were approved as distributed.
Items 6a-6e
City Manager gave a briefing on the items listed under the Consent Agenda.
Moved by Councilor Ingle that the Consent Agenda be approved.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 6a-6e
Minutes of the following boards/commissions were received.
a) Animal Shelter Advisory Committee, May 13, 2011
b) Park Board, August 25, 2011
c) Wichita Falls Economic Development Corp., (4A), September 7, 2011
d) Landmark Commission, June 28, 2011
e) Landmark Commission, August 23, 2011
Item 7
RESOLUTION NO. 87-2011
Resolution Declaring The City Of Wichita Falls' Eligibility And Intention To
Participate In The Texas Tax Abatement Program To Promote Development And
Redevelopment And Adopt Guidelines And Criteria For Tax Abatement In The
City Of Wichita Falls
Moved by Councilor Hatcher that proposed Resolution No. 87-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Pro Tern Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
303
Item 8a
A public hearing was held concerning designation of property at/near 3800 Central
Freeway (Lot 1, Block 1, Allis Chalmers Subdivision) as the Cryovac Industrial Reinvestment
Zone.
Mayor Pro Tern declared the public hearing open.
City Attorney explained the three statutory steps required for tax abatement. These are
the first two steps— 1) tax abatement guidelines and criteria and 2) designate property as
reinvestment zone. Third step is to issue a resolution authorizing the execution of a tax
abatement agreement, but Staff is still negotiating the third step. For Cryovac Tax Abatement
we are proposing the first two of the three steps. This will not complete the process; it will be
brought back to Council later for final action. The first step is to adopt guidelines and criteria,
which by law expire after two years and that is why these have to be reenacted. These
guidelines and criteria authorize tax abatement in accordance with negotiated terms which will
be presented to Council in a future agreement.
Mayor Pro Tern called for additional comments. There being none Mayor Pro Tern
declared the public hearing closed.
Item 8b
ORDINANCE NO. 57-2011
Ordinance Designating Property At/Near 3800 Central Freeway As An Industrial
Reinvestment Zone; Providing For Severability; Declaring An Emergency; And
Providing An Effective Date
Moved by Councilor Hatcher that Ordinance No. 57-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Pro Tern Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 9a
ORDINANCE NO. 58-2011
Ordinance Appropriating $55,000 From General Fund Reserves To The 2011-12 Budget
For The Settlement Of City Of Wichita Falls V. Steve Fontenot And Civil Service Issues
Related Thereto, Authorizing The Execution Of Settlement Documents, Declaring An
Emergency, And Providing An Effective Date
Moved by Councilor Smith that Ordinance No. 58-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Pro Tern Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 9b
ORDINANCE NO. 59-2011
Ordinance Amending Sections 6720 And 6745 And Table 6741 And Its
Associated Notes Of Appendix B, "Zoning," Of The Code Of Ordinances Of The
City Of Wichita Falls To Allow Noncommercial Signs To Be Placed On
Nonresidential Property, Providing For A Penalty Not To Exceed $2,000 Per
Violation; And Providing For Codification
304
Item 9b continued
Moved by Councilor Ward that Resolution No. 59-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Pro Tern Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 9c
ORDINANCE NO. 60-2011
Ordinance Rezoning Lots 12 Through 16 Of Block 11, Homewood Heights And
Adjacent Right-Of-Way From Single Family-2 And Multifamily Residential To
General Commercial And Amending The Land Use Plan To Show The Area As
Commercial
Moved by Councilor Hatcher that Ordinance 60-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Pro Tern Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 10a
RESOLUTION NO. 88-2011
Resolution Authorizing The City Manager To Execute A Professional Services
Agreement With Proven Cornerstone Engineering, PLLC For Engineering
Services For The McNeil Avenue Drainage Improvement Project In The Amount
Of $450,000 For Basic Services
Moved by Councilor Ward that proposed Resolution No. 88-2011 be passed.
Motion seconded by Councilor Ingle and carried by the following vote.
Ayes: Mayor Pro Tern Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 10b
RESOLUTION NO. 89-2011
Resolution Approving Joint Funding Agreement For Water Resources
Investigations 12C4TX039000000 With The U.S. Geological Survey In The
Amount Of $79,430.00
Moved by Councilor Ward that proposed Resolution No. 89-2011 be passed.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Pro Tern Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
305
Item 10c
RESOLUTION NO. 90-2011
Resolution Authorizing The Purchase Of A Heil 23 Cubic Yard Front Load
Sanitation Body Through The Buyboard Purchasing Cooperative From Heil Of
Texas In An Amount Of $96,522.50; And Awarding A Bid For The Purchase Of A
607000 GVW Cab & Chassis To Bruckner's Truck Sales, In An Amount Of
$1267 899.00
Moved by Councilor Ward that proposed Resolution No. 90-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Pro Tem Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 10d
RESOLUTION NO. 91-2011
Resolution Authorizing The City Manager To Execute Contracts With Selected
Community Service Organizations And With Other Organizations That Promote
The Convention And Tourism Industry for FY 2011-2012, in a total amount of
approximately $391,272
Moved by Councilor Hatcher that proposed Resolution No. 91-2011 be passed.
Motion seconded by Councilor Pope and carried by the following vote.
Ayes: Mayor Pro Tem Roberts-Burns, and Councilors Smith, Pope, Hatcher, Ingle, and
Ward
Nays: None
Item 11 a
Parks Director Jack Murphy gave a presentation on the proposed use of remaining 4B
2009 Certificate of Obligation Bond funds, and asked for Council input. A copy of Mr. Murphy's
presentation is on file in the Office of the City Clerk.
Staff recommendation for expenditure of remaining 4B Bond Funds:
Engineering for Wichita River $ 200,000
Engineering for Open Space $ 90,000
Wichita River ROW Acquisition $ 90,000
Open Space Parking Lot $ 200,000
Open Space Trail $ 900,000
Total $1,480,000
Councilor Hatcher wanted to see all of this happen but wondered if we should hold off on the
80-acre Wichita Bluff Open Space and the parking lot in favor of pushing for one of the two remaining
three sections to obtain that. If you save the Lake item for last there may be some elements of that
which would help you with a grant because of where it is and what it is. That would be the final push
and may be an easier to do that last.
Councilor Hatcher is torn between doing the parking lot or doing more that gets us closer to the
end of getting the trail completed He could go either way but would like to see us look at pushing for
some of the other trail so we can say we have a circle trail.
City Council recessed at 9:50 a.m. and reconvened at 10:00 a.m.
306
Item 11a continued
Councilor Smith would like staff to bring Council a proposal to complete the Wichita River
Section. We have 80 acres of park land and he would like to see that completed and open to the
public. We take money available, apply for grants, and continue to work with taxpayers in the goal of
completing this; it is a wonderful project. We are one of the few cities that has almost completed a
circular trail and it is a great asset. As other monies become available we can complete the other two
sections and complete the 25 miles of trail.
Mayor Pro Tern concurred with Councilor Smith.
Councilor Ingle agreed it would be good to get the land and right-of-way now while the time is
right, referring to the economic situation. We should get ahead, start early with the engineering projects.
It would be better to have an actual plan rather than just a good conceptual idea when asking for
money. Having engineering estimates completed early will give us a better idea of how much to ask for
when we write the grants. I think the engineering side should take some precedence, just to know what
it is going to cost.
Item 11 b
Council members discussed matters of concerns
Councilor Pope:
a) Welcomed Mrs. Essie Robinson and her bakery. She asked that everyone support her new
business.
b) Thanked everyone who attended the Mayor's town hall meeting in District 2.
c) A permit is needed to work on your own home; contact Building Inspection for more
information
d) United Way is holding an Asset Based Community Development (ABC) meeting today from
1-7 at the Winner Johnson Multipurpose Building 601 Welch. She encouraged all those who
attended the town hall meeting to attend one of these meetings.
Councilor Ward:
a) Expressed appreciation for the City staff; very friendly and work well with our community.
Councilor Smith:
a) Local block parties for National Night Out in all our neighborhoods tonight from 6 p.m. to 8
p.m.
b) Resuscitation Masks for Animals Project continues; $70/unit, contact the Fire or Health
Department to donate for these units.
c) Redistricting —would like to inform those citizens who will be in a new council district; asked
staff to think about how best to do this.
d) Letter to the editor regarding person who mentioned that their water bill had gone up $20
and that this increase was going to fund what Wichita County had passed. The water is
provided by the City not the County and we did not raise water rates. Get your facts straight;
that was not the truth.
Councilor Hatcher:
a) LED lights are strobing on Midwestern Parkway by Midwestern State University.
b) Water has been standing at Scott and Third Streets for a long time; wondering if that was a
leak.
Councilor Ingle:
a) Commended Mayor Pro Tern for doing a great job.
b) Thanked staff for being so prompt in responding to issues and concerns.
c) Asked for an update on the tree cutting project. Public Works Director gave an update.
d) Asked how much of the Circle Trail Project can be done by staff; Mr. Schreiber felt that at
this time it would be better to out-source.
e) Update on proposed club on Southwest Parkway. Mr. Hugman informed that no permits
have been submitted.
f) Can zoning be changed to remove consumption of alcohol?
g) Glad to see Mrs. Essie Robinson is going to open up her cake shop
h) District 4 town hall meeting November 10 at Fowler School.
Mayor Pro Tern Roberts-Burns:
a) We had a lot of events this past weekend in our City.
307
Item 12
City Council adjourned at 10:25. a.m.
PASSED AND APPROVED this_18th day of October 2011.
MAYOR
ATTEST:
Lydia Ozuna
City of Wichita Falls
City Council Agenda
Glenn Barham, Mayor
Dorothy Roberts-Burns, Mayor Pro Tern
Michael Smith, District 1
Annetta Pope, District 2 ;�
~� Rick Hatcher, District 3
• Tim Ingle, District 4 °d
it Mary Ward, District 5
T E X A S
B/ueSkiesGf�/deri0yyo-rturti7ie, 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, October 4, 2011 Beginning At 8:30 A.M.
1. Call To Order
2. (a) Invocation: Mike Rucker, Pastor
Bible Baptist Church
(b) Pledge Of Allegiance
3. Presentations
(a) Proclamation —White Cane Day - Texas Department of Assistive and
Rehabilitative Services (DARS) — Division for Blind Services
(b) Proclamation - National 4-H Week - 4-H and Youth Development, Wichita
County Extension Office
(c) Proclamation — Crime Prevention Month
(d) AbilityOne Month —Work Services Corporation
(e) Employee of the Month - Kathy Geil, Parks & Recreation
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 September 20, 2011 Regular Meeting Of The Mayor
And City Council
CONSENT AGENDA
6. Receive Minutes
(a) Animal Shelter Advisory Committee, May 13, 2011
(b) Park Board, August 25, 2011
(c) Wichita Falls Economic Development Corp. (4A), September 7, 2011
(d) Landmark Commission, June 28, 2011
(e) Landmark Commission, August 23, 2011
Item # Bill #
REGULAR AGENDA
7. Resolution Declaring The City Of Wichita Falls' Eligibility And #153
Intention To Participate In The Texas Tax Abatement Program
To Promote Development and Redevelopment and Adopt
Guidelines and Criteria for Tax Abatement in the City of
Wichita Falls
8. (a) Public Hearing Concerning Designation Of Property AV
Near 3800 Central Freeway (Lot 1, Block 1, Allis
Chalmers Subdivision) As The Cryovac Industrial
Reinvestment Zone
(b) Ordinance Designating Property At/Near 3800 Central #154
Freeway (Lot 1, Block 1, Allis Chalmers Subdivision) As
An Industrial Reinvestment Zone
9. Ordinances
(a) Ordinance Appropriating $55,000 From General Fund #155
Reserves To The 2011-12 Budget For The Settlement Of
City Of Wichita Falls V. Steve Fontenot And Civil Service
Issues Related Thereto, Authorizing The Execution Of
Settlement Documents
(b) Ordinance Amending Sections 6720 And 6745 And Table #156
6741 And Its Associated Notes Of Appendix B, "Zoning",
Of The Code Of Ordinances Of The City Of Wichita Falls
To Allow Noncommercial Signs To Be Placed On
Nonresidential Property
(c) Ordinance Rezoning Lots 12 Through 16 Of Block 11, #157
Homewood Heights And Adjacent Right-Of-Way From
Single Family-2 And Multifamily Residential To General
Commercial And Amending The Land Use Plan To Show
The Area As Commercial
10. Resolutions
(a) Resolution Authorizing The City Manager To Execute A #158
Professional Services Agreement With Proven
Cornerstone Engineering, PLLC For Engineering
Services For The McNeil Avenue Drainage Improvement
Project In The Amount Of$450,000.00 for Basic Services
CITY COUNCIL AGENDA
PAGE 2 OF 4 PAGES
Item # Bill #
#159
(b) Resolution Approving Joint Funding Agreement For
Water Resources Investigations 12C4TX039000000 With
The U.S. Geological Survey In The Amount Of$79,430.00
(c) Resolution Authorizing The Purchase Of A Heil 23 Cubic #160
Yard Front Load Sanitation Body Through The Buyboard
Purchasing Cooperative From Heil Of Texas In An
Amount Of $96,522.50; And Awarding A Bid For The
Purchase Of A 60,000 GVW Cab & Chassis To
Bruckner's Truck Sales, In An Amount Of$126,899.00
(d) Resolution Authorizing The City Manager To Execute #161
Contracts With Selected Community Service
Organizations And With Other Organizations That
Promote The Convention And Tourism Industry For FY
2011-2012, In A Total Amount Of Approximately
$391,272.00
11. Other Council Matters
(a) Staff Council Discussion
• Presentation on Expenditure of Bond Funds on the Trail
(b) Discussion Of Items Of Concern To Members Of The City Council.
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
CITY COUNCIL AGENDA
PAGE 3 OF 4 PAGES
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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