Min 07/17/2007 Aj
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CITY COUNCIL MINUTES
Wichita Falls, Texas
Memorial Auditorium Building
July 17, 2007
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 Tem
Glenn Barham - Councilors
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
David Troublefield, Minister of Education and Administration of Lamar Baptist Church, gave
the invocation.
Item 2b
Councilor Gonzalez led in the Pledge of Allegiance.
Item 3
Lucky Cleaver, 818 Gerald, asked that the City look into the empty lot next to his property;
it is an eyesore with overgrown weeds and tree branches. He thanked the Council for all the work
they have done.
Mayor stated that someone will take a look at that and check on the ownership.
Linda Tingle, 1213 N. 4th, stated that fireworks are being shot off inside the City limits and
that is illegal. She asked that fireworks display not be held at MPEC but maybe at Memorial
Stadium or Lake Arrowhead or Lake Wichita. She asked that the City do something about the
fireworks being shot inside the City limits.
Marilyn Scott, 2404 Polk, asked that the City look into the deplorable situation at the
Humane Society. She stated that a city this size should have something better than that and
asked that the Council consider operating this facility. She also mentioned the fireworks being shot
off in her neighborhood and that the Police Department never sends anyone when they call. She
was concerned that someone's home would be burned down with the fireworks. She asked that
something be done about that.
Mayor informed that the Humane Society issue in our budget to increase that and improve
the facility and have a better long term process.
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Item 4a
The Minutes of July 3, 2007 were approved as distributed.
Item 4b
The Minutes of July 10, 2007 were approved as distributed.
Item 5a
ORDINANCE NO. 66-2007
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR GRANT
REVENUE RECEIVED FROM THE DEPARTMENT OF STATE HEALTH SERVICES FOR
THE WOMEN, INFANT AND CHILDREN (WIC) PROGRAM IN THE AMOUNT OF
$67,000; 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. 66-2007 be passed.
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
Item 5b
ORDINANCE NO. 67-2007
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
MAKING AN APPROPRIATION TO THE SPECIAL REVENUE FUND FOR RYAN WHITE
GRANT FUNDING IN THE AMOUNT OF $52, 804 RECEIVED FROM TARRANT
COUNTY, TEXAS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACTS ACCEPTING SAME; 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. 67-2007 be passed.
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
Item 5c
ORDINANCE NO. 68-2007
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
WAIVING THE FIVE PERCENT PENALTY AS ESTABLISHED BY SECTION 98-96 OF
THE CODE OF ORDINANCES FOR THE HOLIDAY INN FOR FAILURE TO PAY
HOTEL/MOTEL TAXES DUE TO THE CITY FOR A PERIOD OF SIXTY DAYS; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Gonzalez that Ordinance No. 68-2007 be passed.
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Item 5c continued
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 6a
RESOLUTION NO. 114-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
AUTHORIZING THE WICHITA COUNTY APPRAISAL DISTRICT TO REAPPRAISE
PROPERTY DAMAGED IN THE FLOOD DISASTER; 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. 114-2007 be passed.
Motion seconded by Councilor Hatcher.
Eddie Trigg, Chief Appraiser, explained the process they w ill be using to reappraise the
property receiving damage from the flood waters.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
Item 6b
RESOLUTION NO.115-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO
AWARD BID AND CONTRACT FOR THE NORMANDY/BRISTOL DRAINAGE PROJECT
CWF07-442-40; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Roberts-Burns that Resolution No. 115-2007 be passed.
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
Item 6c
RESOLUTION NO. 116-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO
AWARD BID AND CONTRACT FOR THE 2007 LOOP 11 UTILITY RELOCATION
PROJECT CWF07-550-41 TO GARCIA'S CONSTRUCTION INC.; 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. 116-2007 be passed.
Motion seconded by Councilor Smith and carried by the following vote.
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Item 6c continued
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
Item 6d
RESOLUTION NO. 117-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, TO
APPROVE AN AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY TO
RELOCATE A PORTION OF THE EXISTING OVERHEAD AND UNDERGROUND
DISTRIBUTION FACILITIES FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS
WITHIN THE MAPLEWOOD EXTENSION PROJECT BETWEEN KEMP BOULEVARD
AND LAWRENCE ROAD; 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. 117-2007 be passed.
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
Item 6e
RESOLUTION NO. 118-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
SUSPENDING THE JULY 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS
ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE
ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING
PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE IN A REVIEW
AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS OF THE
PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN
ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP
RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND
CONSULTANT RATEMAKING COSTS; REQUIRING DELIVERY OF THIS RESOLUTION
TO THE COMPANY AND LEGAL COUNSEL; 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. 118-2007 be passed.
Motion seconded by Councilor Hatcher.
Marilyn Scott, 2404 Polk, asked the Council to keep the rate case down and if possible the
electric rates for those on a fixed income.
Mayor stated that we do attempt to do that. We work with a lot of other communities to try
to keep these rates down.
Motion carried by the following vote.
Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Gonzalez,
and Elmore
Nays: None
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Item 6f
RESOLUTION NO. 119-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
AUTHORIZING AN EXPENDITURE BY THE WICHITA FALLS POLICE DEPARTMENT
FROM THE SEIZED FUND ACCOUNT FOR A ONE-TIME EXPENDITURE OF
$30,551.00; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
Moved by Councilor Barham that Resolution No. 119-2007 be passed.
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
Item 7a
Chief Bachman addressed the fireworks issue. We did confiscate some fireworks and
issued one citation. We received 219 fireworks calls on July 4th, and it is almost impossible.
Citizens can file complaints by contacting the Police Department and we will write a report or they
can contact the Municipal Court prosecutor.
City Attorney informed that in order to write a citation you have to have someone who
witnessed it and is willing to testify.
Councilor Elmore suggested that a Neighborhood Watch was a solution. If you have any
kind of problems in a neighborhood, contact Officer Carroll at the Police Department and he will
help you begin a Neighborhood Watch. Councilor Elmore recommends it for anybody.
Councilor Smith asked the Chief if designating a certain area in town to shoot fireworks
would alleviate the problem. Chief replied that he and the Fire Chief have discussed this and their
concern is the safety of the citizens. Fires can be started and persons can be injured with
fireworks. I think the Fire Chief and I would be opposed to it.
City Manager commented that other communities have tried it and it becomes a free for all,
and sometimes people don't use common sense in these types of situations. I do not think it is a
good idea.
Marilyn Scott, 2404 Polk, wanted to know how many police cars responded to the 219 calls.
Chief Bachman stated that it comes to a point when commanders tell the officers to check
their beat and check for fireworks. When they see the fireworks they go out to those locations, but
the calls are recorded and we do try to get out there. When we get 219 calls we just cannot
dispatch to all 219 calls. We prioritize calls but we do respond. We put down a blanket call to
check the areas.
Item 7b
Councilor Roberts-Burns suggested that with the flood recovery process that the
Commission on Human Needs be reinstated to help with this situation. She also stated that she
had some weed complaints that were traffic hazards but she would get with the appropriate
department.
Councilor Elmore mentioned that in the City View area there was an isolated spot that is
being used as a farm and asked that staff check into that. I would like to know what the status is.
Councilor Elmore asked that staff check into the possibility of trees being too close to the
road on Wellington and Old Iowa Park Road.
Councilor Elmore mentioned that a contractor was digging at City View and Hwy. 287 and
hit a fiber optic cable. The City was required to go out and fix that and in the process they
determined that the plans the contractor was using were one of our plans and the plans showed
the fiber optic cable in one area and he was digging in another area. The plans, which were our
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Item 7b continued
plans, were wrong and he was still fined. I would like some information on that. Mr. Scott Taylor
informed that the City does not spot fiber optic cables; it is done by another service. We are not
responsible for spotting.
Councilor Barham attended the Mayor's town hall meeting last night and he commended
the staff for the work they did during the flooding event. He felt that three things came out of that
meeting that struck him as most important that the City needs to tackle. Those are: 1) Urgency
regarding press releases. If the City puts a little more urgency behind some of these maybe the
local media will take the gambit and run with it too. The City can help get them get the information
out better. 2) Flood training similar to what we do during tornadoes. Maybe putting some flooding
material on the City channel would suffice. 3) Siren issue — I don't know where we need to go with
that but I am sure the new Emergency Coordinator will address that when he arrives. He felt
overall that it was a very good town hall meeting and very productive. Kudos to the Mayor.
Councilor Hatcher echoed Councilor Braham's comments about the town hall meeting. It
was very well attended and very well coordinated. He thanked the staff for attending the meeting.
Councilor Hatcher asked staff to check into the rough pavement at Briargrove near
Johnson Road, which possibly may be underlying problems.
Councilor Hatcher suggested putting something on the back of the water bill that explains
what the fines are for using alley dumpsters illegally. He suggested that staff scroll something
about that on the City channel as well, fines and information on illegal dumping.
Councilor Hatcher asked that staff look into a dead tree on the golf course on the
Midwestern Parkway side of the golf course.
Councilor Hatchers asked for an explanation relating to parking on unpaved portion of
property that is not a driveway, in particular parking a large vehicle like an R.V. on the interior of a
property. Mr. Dave Clark will provide detailed information on this ordinance at the next Council
meeting.
Councilor Barham suggested using stickers on the dumpsters that provide information
about illegal dumping and the fines.
Marilyn Scott, 2404 Polk, suggested sending the water bills in an envelop which could be
used to provide citizens with various types of information like the fireworks, seat belts, illegal
dumping, etc. Mayor stated that we would compare and look at that.
Councilor Hatcher mentioned the 10 inch sewer line on San Simeone that has collapsed,
and asked about the age of the lines on Phillips and Cunningham Streets, the University Park
area. Mr. Scott Taylor replied that they were approaching 50 years. We will send out our crew with
cameras to see what we have out there.
Councilor Gonzalez expressed concern about illegal dumping. One lady called him and
told him she had received a citation because someone unloaded branches outside the dumpster
and she was cited for that because it is behind her property. He commented that she was 80
years old. She was cited for it and normally there are 4 people assigned to the alley dumpster. It
does not seem fair that she would have to bear the burden of a fine. I think we need to look into
this to see how that can be handled in a fairer manner.
City Manager stated that he had spoken with this lady, and she did not receive a citation
but she was worried that she would since the dumpster was behind her property. She may have
talked to someone in Sanitation that told her she was responsible for cleaning up those branches.
I told her we would go out and take care of it. My philosophy is that the City needs to take care of
those kind of issues. If we need to raise the rates and hire more people to do that, we will spread
that cost. It is not fair to put that burden on a person that shares a dumpster with four other
residents. That is one of the problems with having those dumpsters out all the time, you get illegal
dumping.
Councilor Gonzalez mentioned weed control and asked for some consideration from the
citizens. With all the rain we have had the weeds are growing rapidly and it is going to be difficult
to get a handle on it at this particular time. He asked that citizens bear with us and work with us
on the weed control.
Councilor Smith stated that the concern about the Humane Society bothers him immensely.
He asked if the Humane Society receives an accreditation visit on a regular basis from someone.
Mrs. Lou Franklin informed that the Humane Society side does not; there is no state regulatory
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Item 7b continued
agency that oversees the Human Society; they are non-profit The reclaim side does because they
handle the quarantine facilities for the City; they are inspected by a State agency, but the side
where they do the adoptions are not regulated by a state agency..
Councilor Smith asked if the City could do some kind of inspection to know that this facility
is being operated appropriately. City Manager clarified that we do not contract with the Humane
Society for humane society adoptions, and those kinds of activities; it is only for the animal
reclaim; it is a separate facility and it is inspected. What they do with adoption of animals is
separate and I do not think the City can go in and tell them how to run that shop. We do not
contract with the Humane Society for the adoption part of it. City Manager noted that the Humane
Society is not in the City limits.
Councilor Smith asked that since this is in the County is it a County situation? Mrs.
Franklin concurred that it is in the County and informed that the new City-County Health Board has
taken steps to try to remedy some of the long term problems they have had. They are looking into
the future as to what they will need in facilities. The Humane Society is trying to take strides to
upgrade that facility. The reclaim facility does have an overcrowding situation and we are working
together on those issues at this time.
Councilor Smith asked Mrs. Franklin to check on the County's side of this. Mrs. Franklin
stated that she will check into that. Councilor Smith mentioned that the City is in discussion with
the Humane Society regarding their facilities, and he hopes to see success in that area.
Councilor Smith stated that the town hall meeting was very well attended and allowed the
citizens in that area to hear a very informative session regarding the flooding and how all that has
been handled. He commended the employees for their efforts during the flooding. Several
recommendations at that meeting do have validity and communication is vital. He suggested that
we look at ways to get the word out in a more timely fashion. Staff is already floating ideas like a
reverse 911. Communication is the devil in this kind of situation and I know staff is already looking
into that. He commended the Mayor for a successful meeting.
Mayor Lyne thanked Midwestern State University for opening their outdoor center to be
used for a shelter as well as Kirby Jr. High School. He thanked everyone that has assisted the
folks who were affected.
Mayor mentioned the Hotter"n Hell Hundred and stated that we are not sure if the Holiday
Inn will be ready and open at that time and he asked the citizens to open their homes to
accommodate riders during this event.
Mayor asked Council members to give the City Manager their comments regarding the
budget by this week.
Mayor thanked the staff for their work and for attending all the meetings we have had these
past three weeks. We all appreciate what you are doing.
Item 8
There was no executive session.
Item 9
No action was taken on this item.
Item 10
City Council adjourned at 10:00 a.m.
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PASSED AND APPROVED this day of 2007.
MAYOR
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, July 17, 2007 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: David Troublefield
Minister of Education And Administration
Lamar Baptist Church
(b) Pledge Of Allegiance
3. 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.
4. (a) Approval Of Minutes Of July 3, 2007 Regular Meeting Of The
Mayor And City Council.
(b) Approval of Minutes of July 10, 2007 Special Meeting Of The
Mayor And City Council.
REGULAR AGENDA
5. Ordinances
(a) Ordinance Making An Appropriation To The Special Revenue
Fund For Grant Revenue Received From The Department Of
State Health Services For The Women, Infant And Children
(WIC) Program In The Amount Of $67,000 (Council Bill #181)
(b) Ordinance Making An Appropriation To The Special Revenue
Fund For Ryan White Grant Funding In The Amount Of $52,804
City Council Agenda
Tuesday, July 17, 2007
Page 2
Received From Tarrant County, Texas And Authorizing The
City Manager To Execute A Contracts Accepting Same
(Council Bill #182)
(c) Ordinance Waiving The Five Percent Penalty For The Holiday
Inn For Failure To Pay Hotel/Motel Taxes Due To The City For
A Period Of Sixty Days (Council Bill #183)
6. Resolutions
(a) Resolution Authorizing The Wichita County Appraisal District To
Reappraise Property Damaged In The Flood Disaster (Council
Bill #184)
(b) Resolution To Award Bid And Contract For The
Normandy/Bristol Drainage Project CWF07-442-40 (Council Bill
#185)
(c) Resolution To Award Bid And Contract For The 2007 Loop 11
Utility Relocation Project CWF07-550-41 To Garcia's
Construction, Inc. (Council Bill #186)
(d) Resolution To Approve Agreement With Oncor Electric Delivery
Co. To Relocate A Portion Of The Existing Overhead And
Underground Distribution Facilities For Construction Of
Drainage Improvements Within The Maplewood Extension
Project (Council Bill #187)
(e) Resolution Suspending The Effective Date Of The Proposal By
Atmos Mid-Tex To Implement Interim GRIP Rate Adjustments;
Authorizing Participation With The Atmos Cities Steering
Committee; Authorizing Intervention In Proceedings Involving
The Proposed Grip Rate Adjustments; Requiring
Reimbursement Of Reasonable Costs (Council Bill #188)
(f) Resolution Authorizing Expenditure By The City of Wichita Falls
Police Department From The Seized Funds Account In The
Amount Of $30,551 .00 For The Procurement Of Various Items
Not Included In The FY 2006 / 2007 General Fund Budget
(Council Bill #189)
7. Other Council Matters
(a) Staff Council Discussion
(b) Discussion Of Items Of Concern To Members Of The City
Council.
City Council Agenda
Tuesday, July 17, 2007
Page 3
8. Executive Session - Consider Qualifications Of Possible Appointees
To The Helen Farabee Regional MHMR Center Board Of Trustees
As Authorized By Section 551 .074 Of The Texas Government
Code
9. Open Session - Appointments/Reappointments To The Helen
Farabee Regional MHMR Center Board Of Trustees
10. 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.
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
2007 at o'clock (a.m.)(p.m.).
City Clerk