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Min 02/05/2019 City of Wichita Falls City Council Meeting Minutes February 5, 2019 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 - Eric West - Bobby Whiteley - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk - - - - - - - - Mayor Santellana called the meeting to order at 8:30 a.m. - - - - - - - - Item 2a Invocation Pastor Bob McCartney, First Baptist Church, gave the invocation. - - - - - - - - Item 2b Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. - - - - - - - - Item 3a Employee of the Month Michael Miller, Water Purification 8:32 a.m. Daniel Nix, Utilities Operations Manager, recognized Michael Miller as the Employee of the Month for February 2019. Mayor Santellana congratulated Mr. Miller and presented him with a plaque, letter of appreciation, restaurant voucher, and check, and thanked him for his service. - - - - - - - - Item 3b Proclamation AmeriCorps NCCC Appreciation Day, North Texas Area United Way 8:36 a.m. Mayor Santellana read a proclamation establishing February 5, 2019 as AmeriCorps NCCC Appreciation Day in Wichita Falls and asked everyone to remember that these young adults will have completed over 600 hours of community service and training, reminding us all of the worthwhile importance of civic responsibility. Genevieve Anderson, VITA Program Coordinator, stated that last year they put over $5.6 million into the community through the VITA program and this year in the first two weeks they have put over $1 million into the community. Ms. Anderson thanked her team and the community volunteers. - - - - - - - - Item 3c Proclamation Teen Dating Violence Awareness Month, First Step of Wichita Falls, Inc. 8:40 a.m. First Step of Wichita Falls, Inc. was not present. - - - - - - - - Item 3d Proclamation African American Heritage Month, Wichita Falls Alliance for Arts and Culture 8:40 a.m. Margie Reese, Executive Director, Wichita Falls Alliance for Arts and Culture, addressed the council and stated that they have been working with a committee to plan the first full calendar of Black History Month events. Ms. Reese introduced the chair of Equity, Inclusion, and Multicultural Affairs, and committee member Mr. Desi Hale, Director of Kids Go Pro. Mayor Santellana read a proclamation proclaiming February as African American Heritage Month in Wichita Falls, and encourage all citizens to celebrate our diverse heritages and cultures and continue our efforts to create a world that is more just, peaceful, and prosperous for all. Dr. Syreeta Greene addressed the Council and discussed the history of Black History Month and the historical and contemporary contributions of African Americans. Dr. Greene invited everyone to participate in and learn from the many events that will be held during the month. - - - - - - - - Item 4-6 Consent Items 8:45 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, West, and Whiteley Nays: None Item 4 Approval of minutes of the January 15, 2019 Regular Meeting of the Mayor and City Council. Item 5a Resolution 06-2019 Resolution 06-2019 authorizing the City Manager to approve Change Order No. 1 for the 2017 Sanitary Sewer Budget Utility Improvement Project Phase 2 in the deduct amount of $52,298.00 Item 5b Resolution 07-2019 Resolution 07-2019 authorizing the City Manager to make application to the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2020 Criminal Justice Program, Grant Number 3771201, in the amount of $29,900.00 Item 6 Receive Minutes Minutes of the following boards and commissions were received: (a) Landmark Commission, November 27, 2018 (b) 4A Wichita Falls Economic Development, December 20, 2018 - - - - - - - Item 7a Resolution 08-2019 8:46 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and amending the budget to include up to $20,000 for Opportunity Strategies LLC to perform an organizational assessment for the Wichita Falls Economic Development Corporation Moved by Councilor Chenault to approve Resolution 08-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 7b Resolution 09-2019 8:56 a.m. Resolution authorizing the purchase of two (2) Case 580SN 4-wheel drive backhoes and a concrete breaker through the BuyBoard Purchasing Cooperative from Associated Supply Company, Inc. in the amount of $218,117.36 Moved by Councilor Chenault to approve Resolution 09-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 7c Resolution 10-2019 9:00 a.m. Resolution authorizing award of bid for the purchase of ten (10) 2019 Chevrolet Tahoe 4- Wheel Drive Police Patrol Vehicles from the low bidder Four Stars Auto Ranch, in the amount of $368,930.00; or to the local bidder Herb Easley Motors Inc., in the amount of $372,013.50 City Council Minutes February 5, 2019 Page 4 Moved by Councilor Brewer to approve Resolution 10-2019. Motion seconded by Councilor Browning. Jim Dockery, Deputy City Manager, discussed the two bids and the option for the Council to choose the local bidder per Local Government Code. Moved by Councilor Brewer to amend the main motion to purchase from the local bidder, Herb Easley Motors. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None Vote to approve the amended main motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 7d Resolution 11-2019 9:09 a.m. Resolution authorizing a 5-Year, 20.75% increase of the annual lease amount on Lake Arrowhead leases with review dates in 2019 Moved by Councilor Chenault to approve Resolution 11-2019. Motion seconded by Councilor Browning. Pat Hoffman, Property Management/Lake Lot Administrator, gave an overview and history of Lake Arrowhead leases, and discussed lease rates versus the fair market values, as well as revenues versus the expenditures required for city services. Current revenues are approximately $78,000 and current maintenance costs/city services are approximately $145,000. A letter of opinion from a local appraiser was obtained with the conclusion that these increases are very reasonable. Staff recommends the 5-year annual lease rate increase from $828.00 per year to $1000.00 per year, and for double lots $1658.00 per year to $2000.00 per year. City Council Minutes February 5, 2019 Page 5 There was lengthy discussion about the history of Lake Arrowhead; garden leases versus regular leases; maintenance and tax costs incurred by the city versus the revenue generated by lease rates; how city taxpayers subsidize lake lots with tax payer dollars; the fact that the City of Wichita Falls is essentially the landlord for these properties, and that lease holders do not pay city taxes. There was also discussion about who is responsible for maintenance issues such as potholes as well as concerns with Law Enforcement since the property is located in Clay County. Brief discussion was held on the Lake Lot Committee . This committee did extensive research and made the decision to raise the lease rates over time in an effort to reach market value lease rates to bridge the gap of tax/maintenance costs versus revenues of lake lots so that city tax payers were no longer subsidizing these properties. Eric Norris, 3402 Duty Lane, spoke against the lake lot lease increase. Mr. Norris stated that he previously had a lease and part of the reason he abandoned it was because he was concerned about what happened if he made improvements to the property on a 5-year lease and the city terminated the lease. Ms. Hoffman stated that there are no 5-year leases, only 25+ year leases for that reason, and the only reason the city has ever terminated a lease is if the lease holder failed to pay their lease or neglected to maintain the property, and that was only after many notices and meetings. Mr. Norris stated he feels like the city is pricing people out of their leases, and will end up with vacant lots for the city to maintain. Ms. Hoffman stated that we currently have five to six calls a week asking for open lots and currently three people are on a waiting list, and there are no issues with open lots. Mr. Norris asked about current open lots, and Ms. Hoffman stated that the majority of lots that are vacant are not developable. Mr. Norris stated concerns about upkeep of boat docks and excess trash at the State Park. Ms. Hoffman stated that our Parks Department goes out weekly to pick up the trash and Mayor Santellana stated that State maintains the State Park. Ms. Hoffman stated that one problem is lease holders that do not want to pay for household trash so they take their trash to the boat ramps. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, West, and Whiteley Nays: Jackson - - - - - - - Item 7e Resolution 12-2019 9:45 a.m. Resolution authorizing a 5-year, 20.75% increase of the annual lease amount on Lake Kickapoo leases with review dates in 2019 Moved by Councilor Chenault to approve Resolution 12-2019. City Council Minutes February 5, 2019 Page 6 Motion seconded by Councilor Browning Pat Hoffman, Property Management/Lake Lot Administrator, gave an overview of the Lake Kickapoo leases, lot sizes, and current lease rates. Ms. Hoffman discussed the lease agreements that lease holders have previously signed and the goal of raising the lease rates to market values. It was noted that Lake Kickapoo no longer has any of the low dollar leases and are closer to market value, and that the Volunteer Fire Department only pays $1.00 for their lease. Lengthy discussion was held including concerns for how the increase will effect elderly lease holders; the possibility of selling the lake front land; the need for the city to have and control a sanitary control easement on our water sources for Texas Commission on Environmental Quality regulation purposes; and concerns with unoccupied lots being allowed to go back to their natural state. It was also noted that lease holder meetings have been held with good attendance, and lease holders have all signed agreements that agree to the five-year lease rate reviews and increases. Kaylee Ashton, 4127 McGaha Ave. Asked about maintenance and why lot leases are going up for that reason, it does not make since because the lease holders have to do their own maintenance and pay for their own trash. Ms. Ashton stated that everything seems to be an extra charge, and now the city is raising the lease. Pat Hoffman stated that this is rental property, and when you rent property anywhere in Wichita Falls you still have to mow and maintain the property, pay for your own trash and other utilities. Pat Hoffman explained that the maintenance that we are discussing is road maintenance, mowing of ditches, and providing the trash pickup service. Mayor Santellana explained that the council has a responsibility to the tax payers of Wichita Falls who are subsidizing the maintenance of these lake lots. The city is not generating enough money on the leases of the property to cover the expenses of maintaining services and paying the taxes. Ms. Ashton discussed her concern of open lots that are not maintained and it was explained that open rough areas are allowed to be in their natural state, but lake residents are allowed to mow the adjacent lot if they chose, they just cannot use the land. Coleen Browning, 1001 Redwood Ave. Needing clarification in reference to Lake Arrowhead and that no cost analysis was actually completed due to costs, and that an appraiser gave an opinion although no appraisals were done other than comparisons to other city lakes. Ms. Browning stated that Lake Arrowhead is a state park and not just a city lake and asked if we do not have any appraisals to compare to how can the decision be made to raise the lease rates. Pat Hoffman stated that an appraisal was completed several years ago and the market value of the appraisal is still above the current lease rates, and a licensed appraiser gave his professional opinion that the current proposed lease rates are very reasonable. Ms. Browning also asked if all of the residents at Lake Arrowhead and Lake Kickapoo were given notice of this appraisal and City Council Minutes February 5, 2019 Page 7 the proposed raises. Pat Hoffman stated that multiple meetings were held with residents to provide this information. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, West, and Whiteley Nays: Councilor Jackson - - - - - - - Item 7f Resolution 13-2019 10:06 a.m. Resolution allowing one (1) trustee property, 1215 Tulip St., to be sold to Eric Dibble for less than the total amount of the judgment against said property, as authorized by Section 34.05(i) of the Texas Tax Code Moved by Councilor Chenault to approve Resolution 13-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 7g Resolution 14-2019 10:10 a.m. Resolution authorizing award of contract to Alpha Omega Wireless, Inc. in the amount of $305,796.44 for the construction of a 180-foot self-supported tower and the migration of existing communication equipment from the Denver Street elevated water storage tank Moved by Councilor Chenault to approve Resolution 14-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None City Council Minutes February 5, 2019 Page 8 - - - - - - - Item 7h Resolution 15-2019 10:17 a.m. Resolution authorizing an inter-local agreement between the City of Wichita Falls, Texas and Wichita County, Texas for the location of the Counties radio communications equipment on the newly constructed communications tower and the use of existing radio facility located at 517 Denver Street Moved by Councilor Chenault to approve Resolution 15-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West and Whiteley Nays: None - - - - - - - Item 8 Items of Concern to Members of the City Council 10:20 a.m. Members of the City Council presented the following matters: Councilor Whiteley As usual I am blown away by our employee of the month and the quality of our employees. Councilor Chenault Good morning and Happy Black History Month and thank you for attending. Asked John Burrus about some signs at a crosswalk on Rosewood in front of a daycare. Councilor Jackson Thank you to Pat Hoffman, appreciate the updates. Discussed best water in the country, and asked Russell Schreiber about a possible tour of cypress water plant for her class. Stated that citizens have contacted him about concerns with roadway lighting in the Sunset Terrace area. Kuddos to the employee of the month for doing an outstanding job. - - - - - - - Item 9 Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 10:23 a.m. City Council Minutes February 5, 2019 Page 9 There were no public comments. - - - - - - - Item 10 Executive Session 10:23 a.m. City Council went into Executive Session at 10:23 a.m. in accordance with Texas Government Codes §551.087, and §551.074. City Council reconvened at 12:54 p.m. Mayor Santellana announced that no votes or polls were taken. - - - - - - - Item 11 Adjourn Mayor Santellana adjourned the meeting at 12:55 p.m. th PASSED AND APPROVED this 19 day of February, 2019. ________________________________ Stephen L. Santellana, Mayor ATTEST: ____________________________________ Marie Balthrop, TRMC, CMC City Clerk City Council Minutes February 5, 2019 Page 10