Min 04/15/2008 302
CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
April 15, 2008
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
Ray Gonzalez - Mayor Pro Tern
Councilors
Glenn Barham -
Michael Smith -
Dorothy Roberts-Burns -
Rick Hatcher -
Charles Elmore -
Darron Leiker - City Manager
Bill Sullivan - City Attorney
Lydia Ozuna - City Clerk
Mayor called the meeting to order.
Item 2a
Councilor Hatcher gave the invocation.
Item 2b
Councilor Gonzalez led in the Pledge of Allegiance.
Item 3a
Sheila Catron, 2007 Falls Fest Co-Chair, and Kathy Partridge, 2008 Falls Fest Co-
Chair, presented the City with a check in the amount of$24,635.18, proceeds from 2007 Falls
Fest. They will also present a check to their other sponsor, Streams and Valleys. Mayor Lyne
and Mr. Jack Murphy accepted the check and expressed appreciation to the Junior League for
the donations of Falls Fest every year. Mr. Murphy stated that Falls Fest profits go back to
improvements in Lucy Park.
Item 3b
Mayor proclaimed April 13-19, 2008 as "Public Safety Telecommunications Week" and
urged all citizens to show their appreciation to these fine individuals who work diligently to see
that our health, safety, and well being are watched over with professionalism and compassion.
Deputy Chief Laura Drury, Janet Ward, Communications Supervisor, and Penny Rhoades,
Dispatcher, accepted the proclamation on behalf of all the dispatchers. Mrs. Ward gave
information on their responsibilities and stated that it was an honor to accept this proclamation
on behalf of the employees they represent. She thanked them for all the hard work they do.
Item 3c
Mayor proclaimed April 26, 2008 as "Christmas in Action Day" and congratulated them
on their 25th Anniversary; he encouraged all citizens to open up their tool box and make a
lifetime of changes by volunteering. Mr. Mark Masman accepted the proclamation and
expressed appreciation to everyone involved in this endeavor. Past Chairs Mrs. Mary Ward
and Mr. Don Freire were also in attendance.
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Item 3d
Mr. Mike Edgin, Edgin, Parkman, Fleming, & Fleming, PC, gave a presentation of the
City's Comprehensive Annual Financial Report.
Item 4
Steve Wilkinson, 3203 Sue Ann, mentioned that they had discussed a nationwide
retirement system with the City Manager; it is an option for a 457 plan similar to ICMA. This
would be a second option for the employees and they would like to have a representative come
and speak with the City Manager about this plan.
Jarvis Polvado, 4807 Eldorado, owner of Texhoma Cycling Center, stated that they
have seen a great deal of purchases and use of bicycles for health reasons and the fuel
situation. Part of the Diversification Plan was to bring more people into our City and one way is
to develop a bicycle strategic plan. Hotter 'N Hell Hundred is one of the largest events we have
and we should be able to take off of that event and make it even better and become one of the
friendliest cycling City in Texas. He suggested modeling ourselves after Austin; they have
been in the top five cities in the United States for bicycle safety and cycle friendliest. As a
citizen and business owner, he challenged the Council to get a committee together to move
forward on the trail system and even into the bike lanes; he volunteered to be a part of that.
Item 5
The April 1, 2008 City Council minutes were approved as distributed.
Items 6a —6c
City Manager read the items listed under the Consent Agenda.
Moved by Councilor Roberts-Burns that the Consent Agenda be approved.
Motion seconded by Councilor Elmore and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and
Elmore
Nays: None
Items 6a —6c
Minutes of the following boards and commissions were received.
a. Wichita Falls-Wichita County Public Health Board, Jan. 10, 2008
b. Traffic Safety Commission, February 6, 2008
c. Park Board, February 28, 2008
Item 7
A Public Hearing was held to facilitate and receive public comment on the City's
application to obtain the U.S. Army Reserve Post At 3315 Ninth Street in Wichita Falls for the
purpose of consolidating park maintenance and providing a neighborhood park.
Mayor declared the Public Hearing open.
Mr. Dave Clark reported that the City continues to pursue the potential use of the Army
Post that will be closed due to BRAC closings.
Mrs. Karen Montgomery gave the status on this application and informed that several
public hearings have been held on this and also advertised for interest with homeless providers
in 2006, but did not receive any notices of interest. A draft report was submitted in 2007 and
this is the second public hearing. She informed that the process is going smoothly. We have
not received any notices of interest other than the City's submission. We notified the
neighborhood within 200 feet and did not receive any concerns or complaints. They were
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Item 7 continued
pleased that the property would not remain vacant and that park maintenance would be
consolidated.
Councilor Elmore asked for a projection. Mr. Clark replied that they will be moved out in
2009; therefore, this could be taken up in the next budget year. I hope it will be given to us at
no cost. He commented that the potential to combine the park maintenance would be much
better in the long run.
City Manager stated that this has been a bureaucratic process. He thinks we have a
good plan; we have two parks maintenance facilities that are apart from each other and we
have outgrown them. When we put them together it will be a better situation and we will be
able to create a neighborhood park.
Councilor Elmore was glad we had this opportunity.
Mayor called for additional comments. There being none Mayor declared the public
hearing closed.
Item 8a
ORDINANCE NO. 23-2008
AN ORDINANCE AMENDING CHAPTER 106 UTILITIES OF THE MUNICIPAL
CODE BY THE ADDITION OF ARTICLE XI ENTITLED MUNICIPAL SETTINGS
DESIGNATION; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
Moved by Councilor Roberts-Burns that Ordinance No. 23-2008 be passed.
Motion seconded by Councilor Gonzalez. and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and
Elmore
Nays: None
Item 8b
ORDINANCE NO. 24-2008
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A
BULLETPROOF VEST PARTNERSHIP GRANT AND TO APPROPRIATE
FEDERAL FUNDS INTO THE BUDGET; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Elmore that Ordinance No. 24-2008 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and
Elmore
Nays: None
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Item 9a
RESOLUTION NO. 49-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AUTHORIZING AWARD OF BID FOR THE PURCHASE OF A 35,000
GVW TRUCK MOUNTED SEWER JETTER TO WICHITA FALLS
FREIGHTLINER , IN THE AMOUNT OF $152,357.00; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Hatcher that Resolution No. 49-2008 be passed.
Motion seconded by Councilor Gonzalez and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and
Elmore
Nays: None
Item 9b
RESOLUTION NO. 50-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO AWARD BID AND CONTRACT FOR THE GREGG ROAD AND
LANGFORD LANE IMPROVEMENTS PROJECT CWF08-442-09; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTUION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Barham that Resolution No. 50-2008 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and
Elmore
Nays: None
Item 9c
RESOLUTION NO. 51-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, TO APPROVE CHANGE ORDERS NO. 2 AND NO. 3 TO A
CONTRACT WITH GE MICROWAVE DATA SYSTEMS, RFP #6-08 IN THE
AMOUNT OF ($25,833); FINDING AND DETERMINING THAT THE MEETING
AT WHICH THE RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
Moved by Councilor Elmore that Resolution No. 51-2008 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and
Elmore
Nays: None
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Item 9d
RESOLUTION NO. 52-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, APPROVING AMENDMENTS TO THE 2007-2008 BUDGET OF THE
WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION FOR YTO
USA, TRYER PROCESS EQUIPMENT AND THE PURCHASE OF FOUR LOW-
FLOOR TRANSIT BUSES; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Elmore that Resolution No.52-2008 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and
Elmore
Nays: None
Item 10a
City Clerk provided information on the upcoming May 10, 2008 Municipal Election.
Mrs. Amy Cone, Health Department, provided information on the Second Annual Health
Fair held last weekend.
Item 10b
Councilor Smith informed that this Saturday the West Floral Heights Neighborhood
Association would be conducting its annual Spring Cleanup. He asked that interested persons
call him for additional information.
Councilor Smith mentioned the question he had about the nomenclature of the
Municipal Airport and that Ms. Monica Morris had researched that and informed that there is no
difference in the name of municipal or regional. When a new terminal is built, Council can
consider naming that particular structure the Wichita Falls Regional Airport.
Councilor Smith gave a `high five' to MPEC for its first sellout for the Disney show"High
School Musical". It was a great success and he looks forward to more entertainment of that
nature and to fill the MPEC.
Councilor Smith stated that it is still a concern about certain places in the City that do
not look as well as we would like. The trash situation continues to be a challenge and the two
buildings that come up for discussion are the old General Mills building and the Riverside Motel
on Scott Street. We need to see what we can do to make these structures look better. He
challenged the art students at Midwestern and the local high schools to find a way to make our
City even more beautiful by covering these ugly structures with art.
Councilor Smith referred to Mr. Polvado's statement about bicycle lanes and the trail
system, and said he would like to see this pursued; there is support on the Council for that.
He thinks that is a priority and maybe there are some 4B funds available to assist with that.
The bike lane project is information that has been out there for a number of years and we
would like to see that move forward. We are seeing more people riding bikes in our City for
recreation purposes as well as for transportation to work.
Councilor Gonzalez thanked Mr. Bob Sullivan and his staff for a great job of setting up
and everything involved at the Zavala event this past weekend; it was a good turn out. He feels
this initiative is going pretty good and he thanked them.
Councilor Gonzalez quipped that he hopes the bike lane has a slow lane for old timers
like him.
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Item 10b continued
Councilor Hatcher spoke in defense of the Scott Street motel owner. Whenever it is
mentioned at our Council meetings then two or three days later the motel owner is trying to
clean it up. It is an empty building and he is trying to do the best he can. There are other
areas that need to be attended to as well.
Councilor Hatcher gave the Police Department and the Fire Department First
Responders a "high five' for their quick and timely response at a serious rollover accident that
he witnessed on Martin Luther King Blvd. The police officers were on the scene within thirty
seconds and in less than three minutes the first responders were there. He is very appreciative
of our guys out there.
Councilor Hatcher mentioned a thank you note that Council and Staff received from
Leadership Wichita Falls for participating in their government day program.
Councilor Barham congratulated Officer Jason Jones for receiving an honorable
mention by the National Center for Missing and Exploited Children for his role in the return of a
kidnapped teen from Mexico.
Councilor Barham reported that Officer Brensing was nominated for Officer of the Year
by the Mothers Against Drunk Drivers (MADD).
Councilor Barham welcomed everyone who is here for the Texas Energy Alliance Expo;
enjoy your stay and your ribs that the Mavericks will prepare for you tonight.
Councilor Elmore said that he is presently attending the Citizens Fire Academy and
Councilor Hatcher mentioned the Fire Department's quick response. Recently these folks were
kidded about the fire suits they have to use, which must weigh 500 pounds. They do a great job
and we do appreciate you guys.
Councilor Elmore said he had met with Col. Peterson from SAFB and they are going to
do an on-line survey for their people as to what they think would be beneficial within the City.
He will also visit with Gen. Devereaux about putting together the same thing for the ENJPT and
80th Training Wing; he is interested in seeing those results.
Councilor Elmore commented that he was happy with the results at MPEC and felt it
was one of the benefits we derived from the sign we put up, and he is pleased with the way that
is going.
Councilor Elmore mentioned an old pavilion, which is not in good shape, east of
Jacksboro Highway and Hatton Road which has a freezer with doors. He asked that staff check
into that to make sure it is not a hazard for children or anyone.
Councilor Elmore said that there was a lot of traffic confusion with the closing of the
bridge and 1-44. Trying to get to the Wal-Mart off 1-44 and the redirection of the traffic to the
access road is causing a lot of traffic confusion. He is aware that there is construction on 1-44
and the bridge at the same time, but he felt we may need some kind of traffic control out there.
Councilor Roberts-Burns thanked the citizens who attended the town hall meeting
March 11 at the Martin Luther King Center. It was a great turnout in spite of the weather and it
was a very good meeting.
Councilor Roberts-Burns congratulated Officer Jones and Officer Brensing on the
recognition they received.
Councilor Roberts-Burns asked staff to check into the pothole at Park and Flood
Streets.
Mayor congratulated the Rider Girls' Soccer Team for getting to State. It was a hard
break but it is not easy to get to that level. He congratulated them for representing the City and
the Wichita Falls Independent School District.
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Item 11
City Council went into Executive Session at 10:30 a.m. as authorized by Section
551.074 of the Texas Government Code.
City Council reconvened in open session at 10:31 a.m.
Mayor announced that no votes or polls were taken in Executive Session.
Item 12
Moved by Councilor Gonzalez to reappoint Jerry Reed, Place 4, to the Wichita
Wilbarger 9-1-1 District Board with term to expire May 11, 2010.
Motion seconded by Councilor Hatcher and carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez, and
Elmore
Nays: None
City Council adjourned at 10:33 a. m.
PASSED AND APPROVED this day of 2008.
MAYO
ATTEST:
Lydia Ozuna
City Clerk
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, April 15, 2008 Beginning At
8:30 A.M.
City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael
Smith, Dorothy Roberts-Burns, Rick Hatcher, Ray
Gonzalez, and Charles Elmore.
1 . Call To Order
2. (a) Invocation: Pastor Wendell Elms
Life Tabernacle Church
(b) Pledge Of Allegiance
3. Presentations
(a) Presentation - 2007 Falls Fest Proceeds by Junior League
(b) Proclamation - Public Safety Telecommunicators Week
(c) Proclamation - Christmas in Action 251" Anniversary
(d) Presentation Of Comprehensive Annual Financial Report -
Edgin, Parkman, Fleming, & Fleming, PC
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 April 1, 2008 Regular Meeting Of The Mayor
And City Council.
CONSENT AGENDA
6. Receive Minutes
(a) Wichita Falls-Wichita County Public Health Board, Jan. 10, 2008
(b) Traffic Safety Commission, February 6, 2008
(c) Park Board, February 28, 2008
City Council Agenda
Tuesday, April 15, 2008
Page 2
REGULAR AGENDA
7. Public Hearing To Facilitate And Receive Public Comment On The
City's Application To Obtain The U. S. Army Reserve Post At 3315
Ninth Street In Wichita Falls For The Purpose Of Consolidating Park
Maintenance And For Providing A Neighborhood Park
8. Ordinances
(a) An Ordinance Amending Chapter 106 Utilities Of The Municipal
Code By The Addition Of Article XI Entitled Municipal Settings
Designations (Council Bill #73)
(b) Ordinance Authorizing The City Manager To Accept The
Bulletproof Vest Partnership Grant And To Appropriate Federal
Grant Funds Into The Budget (Council Bill #74)
9. Resolutions
(a) Resolution Authorizing Award Of Bid For The Purchase Of A
35,000 GVW Truck Mounted Sewer Jetter To Wichita Falls
Freightliner In The Amount Of $152,357.00 (Council Bill #75)
(b) Resolution To Award Bid And Contract For Gregg Road And
Langford Lane Improvements Project CWF08-442-09 (Council
Bill #76)
(c) Resolution To Approve Change Orders No. 2 And No. 3 For
The Public Safety Mobile Data Wireless Infrastructure RFP #6-
08 (Council Bill #77)
10. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City
Council.
11. Executive Session:
Consider Appointment To The Wichita Wilbarger 9-1-1 District Board,
As Authorized By Section 551 .074 Of The Texas Government Code
12. Open Session:
Appointment To The Wichita Wilbarger 9-1-1 District Board
13. Adjourn
City Council Agenda
Tuesday, April 15, 2008
Page 3
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.
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
2008 at o'clock (a.m.)(p.m.).
City Clerk
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, April 15, 2008 Beginning At
8:30 A.M.
City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael
Smith, Dorothy Roberts-Burns, Rick Hatcher, Ray
Gonzalez, and Charles Elmore.
ADDENDUM TO REGULAR AGENDA
9. (d) Resolution Approving Amendments To The 2007-2008 Budget
Of The Wichita Falls Economic Development Corporation For
YTO USA, Tryer Process Equipment And The Purchase Of
Four Low-Floor Transit Buses (Council Bill #78)
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.
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
2008 at o'clock (a.m.)(p.m.).
City Clerk