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Min 12/04/2018 City of Wichita Falls City Council Meeting Minutes December 4, 2018 Item 1 - Call to Order 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 with the following members present. Stephen L. Santellana - Mayor Tim Brewer - Councilors Jeff Browning - DeAndra Chenault - Steve Jackson - Bobby Whiteley - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Eric West, Councilor District 1 - - - - - - - - Mayor Santellana called the meeting to order at 8:30 a.m. - - - - - - - - Item 2a Invocation Pastor Isaac Butterworth, First Presbyterian Church, gave the invocation. - - - - - - - - Item 2b Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. - - - - - - - - Item 3a Presentation Employee of the Month Krystal Bolton, Finance Department 8:32 a.m. Patrick Halverson, Director of Finance, recognized Krystal Bolton as the Employee of the Month for December 2018. Mayor Santellana congratulated Ms. Bolton and presented her with a plaque, letter of appreciation, restaurant voucher, and check, and thanked her for her service. - - - - - - - - Item 4-6 Consent Items 8:35 a.m. City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Chenault that the consent items be approved. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson and Whiteley Nays: None Item 4 Approval of minutes of the November 20, 2018 Regular Meeting of the Mayor and City Council. Item 5 Resolution 127-2018 Resolution authorizing the City Manager to award bid and contract for the 2019 Crack Seal Project to Crackseal of Texas LLC in the amount of $119,808.00 Item 6 Receive Minutes (a) Lake Wichita Revitalization Committee, June 12, 2018 (b) Lake Wichita Revitalization Committee, August 14, 2018 (c) 4A Wichita Falls Economic Development, September 20, 2018 (d) 4A Wichita Falls Economic Development, November 5, 2018 - - - - - - - Item 7a Ordinance 58-2018 City Council Minutes December 4, 2018 Page 2 8:36 a.m. Conduct public hearing and take action on an ordinance rezoning a total of +/- 13.68 acres of land located at 5001 Bartley Drive (Lot 1, Block 1, Y.M.C.A. Addition) and adjacent right- of-way (Stone Lake Drive) from Limited Commercial (LC) to General Commercial (GC) to allow for the expansion of indoor recreational uses, specifically of a non-profit athletic and fitness center with childcare facilities Mayor Santellana opened the public hearing at 8:36 a.m. Dana Schoening, Director of Community Development, presented an overview of the rezoning request for 5001 Bartley Drive. Twenty-nine property owners were notified of the request and there were two in favor, two undecided, and one opposed. The Planning and Zoning Commission and staff recommend to approve the rezoning request. Mayor Santellana closed the public hearing at 8:44 a.m. Moved by Councilor Whiteley to approve Ordinance 58-2018. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None - - - - - - - Item 7b Ordinance 59-2018 8:45 a.m. Ordinance making an appropriation to the Special Revenue Fund for HIV Prevention in the amount of $58,650 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same Moved by Councilor Chenault to approve Ordinance 59-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None - - - - - - - Item 7c Ordinance 60-2018 City Council Minutes December 4, 2018 Page 3 8:49 a.m. Ordinance making an appropriation to the Special Revenue Fund for the Tuberculosis Prevention and Control Program Federal in the amount of $23,449 received from the Department of State Health Services and authorizing the City Manager to execute contract accepting same. Moved by Councilor Chenault to approve Ordinance 60-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None - - - - - - - Item 7d Ordinance 61-2018 8:51 a.m. Ordinance canceling the regularly scheduled Council meeting on January 1, 2019 Moved by Councilor Chenault to approve Ordinance 61-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None - - - - - - - Item 8a Resolution 128-2018 8:52 a.m. Resolution authorizing award of bid to Retail Motorcycle Ventures, Inc. for the purchase of three (3) BMW Police Motorcycles in the amount of $80,381.58 Moved by Councilor Chenault to approve Resolution 128-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None City Council Minutes December 4, 2018 Page 4 - - - - - - - Item 8b Resolution 129-2018 8:54 a.m. Commission Moved by Councilor Chenault to approve Resolution 129-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None - - - - - - - Item 8c Resolution 130-2018 8:55 a.m. Resolution approving the programs and expenditures of the Wichita Falls 4B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $25,000 to Bill Anderson, for historical preservation and infrastructure improvements at 600 Sixth Street Moved by Councilor Chenault to approve Resolution 130-2018. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None - - - - - - - Item 9a Staff Presentation regarding Sanitation Collection Rates for mobile home parks. 9:06 a.m. Russell Schreiber, Director of Public Works, gave a presentation on sanitation collection rates for mobile home parks, specifically the charge for sanitation for all occupied or unoccupied units or spaces. Curbside and dumpster (commercial) services are both offered and available for mobile home parks. Staff works with mobile home park owners to determine the most economical service that is available. There are some mobile home parks where curbside service is the only service available due to the City Council Minutes December 4, 2018 Page 5 configuration of the mobile homes, or roadway conditions limit the type of service that is offered. Other cities offer similar services and charges. There are currently four mobile home parks with curbside collection and eleven mobile home parks with dumpster collection. Mr. Schreiber discussed the difficulties in tracking whether spaces are occupied or unoccupied. Due to the negative impact a policy change would have on the sanitation budget, staff recommends waiting until the next budget cycle to make changes if desired. Councilor Brewer asked if a permit was required to move mobile homes into the park that could be used for tracking purposes. Mr. Schreiber stated that permits are required for electrical service, or a demo permit if a mobile home is removed and that permits could be one avenue to track occupied spaces. Councilor Chenault asked if any other mobile home parks with commercial service are having issues, and Mr. Schreiber stated that they are not. Of the four with curbside service, only one is having issues due to a large number of unoccupied spaces. Councilor Browning asked when this was brought to our attention. Darron Leiker, City Manager, stated this issue was brought up within the last few months. Councilor Whiteley stated that there does seem to be some unfairness for this mobile home park owner and would like to further discuss the issue, and to take the lost revenue this budget cycle into consideration. Mayor Santellana agreed that there is some unfairness, but that the council needs to take the time to get it right and make it fair and equitable to all. There was some discussion about the lost revenue and that a full year of revenue would not be lost, and that there are reserves to assist with absorbing the lost revenue this year if a policy change is made. Councilor Jackson asked about the lost revenue if there was a change to policy. It was discussed that the lost revenue would be absorbed this year with a possible rate adjustment across the board next year if a policy change is made in the future. Eric Ramsey, Sunnyvale Estates, 3900 Lenore Drive, addressed the council and stated that he is paying approximately $14,000 that would be lost in revenue and stated that he knew the sanitation bill, but was not aware of the Ordinance requiring rates to be paid for all spaces. Mr. Ramsey stated that the previous owner and other mobile home park owners have brought this to the sanitation department previously, but it was never brought before the council. Dave Salsbury, owner of Dry Creek and Plum Creek developments, addressed the council. Mr. Salsbury stated that at the time Dry Creek was purchased there was dumpster service at that property. Mr. Salsbury feels that curbside is a better option for City Council Minutes December 4, 2018 Page 6 sanitation reasons, but the cost is prohibitive. Plum Creek currently has curbside service. Mr. Salsbury would appreciate any relief he can receive from a policy change as well. Staff is in favor of modifying the ordinance and Council desires to make a policy change that is fair and equitable, but also takes into account the budget impact. Councilor Whiteley thanked Mr. Ramsey and Mr. Salsbury for bringing this to the attention. - - - - - - - Item 9b Items of Concern to Members of the City Council 9:30 a.m. Members of the City Council presented the following matters: Councilor Whiteley - Expressed his condolences to the County for the loss of their employee, John Little, and thank you to Chief Reese for including our public safety officials in his service. Please keep his family and the County in your thoughts and prayers. Councilor Chenault Good morning and thank you for attending this morning. Councilor Jackson Has been talking with Mr. Ramsey about the trailer park sanitation issue and does feel that we need to address this issue. Councilor Jackson stated that he does not feel like the city should have to absorb the total cost but that hopefully we can work together for an equitable solution. Mayor Santellana Has known John Little and his family for many years, and their families were close. John was a fantastic man and friend and has a fantastic family. It is is having some health issues, and our thoughts and prayers go out to David and Councilor West and their family. - - - - - - - Item 10 Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 9:35 p.m. There were no public comments. - - - - - - - City Council Minutes December 4, 2018 Page 7 Item 11 Executive Session 9:35 p.m. City council went into Executive session at 10:00 a.m. in accordance with the following Texas Government Codes: (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 Texas clearly conflicts with the Texas Open Meetings Act. Discussion of current runway contract litigation. (b) Executive Session in accordance with Texas Government Code §551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee, including, but not limited to members of the following boards and commissions Construction Board of Adjustments & Appeals (midterm vacancy) Landmark Commission Planning and Zoning Commission TIF 2 TIF 3 TIF 4 (c) Executive Session in accordance with Texas Government Code §551.087, to discuss or deliberate the offer of a financial or other incentive, including modification to an existing agreement, for a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations. Including Economic Development update. City Council reconvened in open session at 11:13 a.m. Mayor Santellana announced that no votes or polls were taken. - - - - - - - Item 12 Appointments to Boards and Commissions 9:06 p.m. Animal Shelter Moved by Councilor Whiteley to make the following appointments to the Advisory Committee: Place 2 Dr. Bryan Wade, term to expire 12/31/2020 Place 5 Leslie Harrelson, term to expire 12/31/2020. City Council Minutes December 4, 2018 Page 8 Motion seconded by Councilor Browning and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None Construction Moved by Councilor Browning to make the following appointments to the Board of Adjustment and Appeals: Place 9 Ripley Tate, term to expire 12/31/2019 Motion seconded by Councilor Whiteley and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None Landmark Moved by Councilor Whiteley to make the following appointments to the Commission: Place 1 Andy Lee, waiver to term limit, term to expire 12/31/2021 Place 6 Marcela Trice, term to expire 12/31/2021 Place 7 Christy Graham, term to expire 12/31/2021 Place 8 Stacie Flood, waiver of term limit, term to expire 12/31/2021 Motion seconded by Councilor Chenault and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None Planning and Moved by Councilor Browning to make the following appointments to the Zoning Commission: Place 1 Jack Browne, term to expire 12/31/2020 Place 4 Anthony Inman, term to expire 12/31/2020 Place 6 Krystal James, term to expire 12/31/2020 Place 8 Jerry Beaver, term to expire 12/31/2020 Motion seconded by Councilor Whiteley and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None City Council Minutes December 4, 2018 Page 9 Tax Increment Moved by Councilor Whiteley to make the following appointments to the Financing (TIF) #2 District: Place 3 Ben Filer, term to expire 12/31/2020. Chair Ben Filer, term to expire 12/31/2019 Motion seconded by Councilor Chenault and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None Tax Increment Moved by Councilor Browning to make the following appointments to the Financing (TIF) #3 District: Place 1 Gail Natale, term to expire 12/31/2020. Place 4 Kenneth Haney, term to expire 12/31/2020 Chair Kenneth Haney, term to expire 12/31/2019 Motion seconded by Councilor Whiteley and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None Tax Increment Motion by Councilor Whiteley to make the following appointments to the Financing (TIF) #4 District: Place 4 Michael Smith, term to expire 12/31/2020 Place 5 Cynthia Laney, term to expire 12/31/2020 Chair Ben Filer, term to expire 12/31/2019 Motion seconded by Councilor Chenault and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None Water Resources Motion by Councilor Browning to make the following appointments to the Commission: Place 2 Steve Smith, term to expire 12/31/2020 Place 3 Michael Smith, term to expire 12/31/2020 Place 6 Tyson Traw, term to expire 12/31/2020 City Council Minutes December 4, 2018 Page 10 Motion seconded by Councilor Chenault and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None Wichita Moved by Councilor Whiteley to make the following appointments to the County/City of Wichita Falls Health District Board: Place 2 Lauren Jansen, term to expire 12/31/2020 Place 5 Dr. Keith Williamson, term to expire 12/31/2020 Motion seconded by Councilor Brewer and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, and Whiteley Nays: None - - - - - - - Item 13 Adjourn Mayor Santellana adjourned the meeting at 11:21 a.m. th PASSED AND APPROVED this 18 day of December, 2018. ________________________________ Stephen L. Santellana, Mayor ATTEST: ____________________________________ Marie Balthrop, TRMC, CMC City Clerk City Council Minutes December 4, 2018 Page 11