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Min 05/21/2019 City of Wichita Falls City Council Meeting Minutes May 21, 2019 Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas met in regular session on the above with the following members present. Stephen L. Santellana - Mayor DeAndra Chenault - Mayor Pro Tem Tim Brewer - Councilors Jeff Browning - 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 Reggie Coe, Pastor, Grace Church, gave the invocation. - - - - - - - - Item 2b Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. - - - - - - - - Item 3a Proclamation Relay for Life, American Cancer Society 8:32 a.m. Mayor Santellana read a proclamation proclaiming June 1, 2019 as Relay for Life in Wichita Falls, and invited all citizens to join this event, show your support to those fighting cancer, and to honor the memory of loved ones lost to cancer. - - - - - - - - th Item 3b Proclamation Gardentown 8:35 a.m. Mayor Santellana read a proclamation proclaiming th Gardentown 70 Anniversary Day in Wichita Falls, and praised the Smith family for their years of great service and hospitality. - - - - - - - - Item 3c Volunteer Appreciation Award Aaron Matthews 8:37 a.m. Lou Kreidler, Director of Health, introduced Aaron Matthews to the Council. Since August of 2011 Aaron has volunteered over four hundred hours with the Health Department. This past summer Aaron requested an internship with the Environmental Health division and spent the last summer before his senior year volunteering with a sanitarian performing health inspections. Upon graduation Aaron plans to attend Midwestern State University and major in science for a future career as a sanitarian. Mayor Santellana presented a Certificate of Appreciation to Mr. Matthews, commended him for the number of hours he has volunteered, and thanked him for his service. Mr. Matthews thanked Lou Kreidler, Director of Health, staff, and the City of Wichita Falls for their support and for making this award possible. - - - - - - - - Item 4-5 Consent Items 8:42 a.m. City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Chenault to approve items on the consent agenda. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West and Whiteley City Council Minutes May 21, 2019 2 Nays: None Item 4 Approval of minutes of the May 7, 2019 Regular Meeting of the Mayor and City Council Item 5 Receive Minutes Minutes of the following boards and commissions were received: (a) Wichita Falls-Wichita County Public Health Board Minutes, March 8, 2019 - - - - - - - Item 6a Ordinance 15-2019 8:43 a.m. Ordinance making an appropriation to the Special Revenue Fund in the amount of $10,000.00 for grant funding from the Dallas Internet Crimes Against Children Task Force, which is administered by the City of Dallas Reimbursement Program. Moved by Councilor Chenault to approve Ordinance 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 6b Ordinance 16-2019 8:45 a.m. Ordinance making an appropriation to the Special Revenue Fund in the amount of $9,000.00 for reimbursement funding from the Treasury Executive Office for Asset Forfeiture (TEOAF) Reimbursement Program administered by the Office of the Secret Service Administration. Moved by Councilor Chenault to approve Ordinance 16-2019. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West and Whiteley City Council Minutes May 21, 2019 3 Nays: None - - - - - - - Item 6c Ordinance 17-2019 8:47 a.m. Ordinance amending Chapter 2 of the Code of Ordinances of the City of Wichita Falls, Texas, at Article II, City Council, modifying Division 1 and adding Divisions 2, 3 and 4, to revise the existing Rules of Procedure for the City Council, and to establish policies addressing Council decorum, communications, and ethics; providing an effective date; providing a repealer clause; providing for inclusion; and providing for severability. Moved by Councilor Chenault to approve Ordinance 17-2019. Motion seconded by Councilor Browning Kinley Hegglund, City Attorney, discussed the proposed Ordinance, explained how it ties , and the requirements of a Council Code of Ethics policy for state and federal grant funding. Mr. Hegglund gave an overview of the Ordinance, and highlighted various items addressed in the policy. The enforceability of the ordinance and progressive discipline options were discussed in detail. It was clarified that the Code of Ethics portion also applies to appointed staff as well as board and commission members, and that much of the Code of Ethics policy comes from State law. Mr. Hegglund discussed the sections on false and misleading statements, complaints against officers, and the complaint filing process. Councilor West asked the City Attorney to explain confidential information in regards to transparency, since transparency is part of the Strategic Plan. Kinley Hegglund, City Attorney, discussed the Texas Open Meetings Act exceptions that allow for executive sessions (confidential information) and the value of being able to have negotiations in private for the sale or purchase of real estate, during litigation, or when a discussion pertaining to an employee involves confidential medical information and privacy issues. Mayor Santellana discussed that this issue was a big part of the strategic plan, how state and federal grants require an ethics policy, and that it is our responsibility as elected officials to have the highest level of ethics, professionalism, decorum, and complete transparency. It is also important to have this policy with the ever changing landscape of social media. Mayor Santellana stated that we are not trying to limit free speech, but we are trying to maintain decorum. Thank you to the legal staff for doing the research of other cities policies. Councilor Jackson stated that the things that he has tried to make public have all been public record. He feels like he has been targeted with this policy, and that he is not a polished politician, but is someone who has lived here all his life and has a passion for City Council Minutes May 21, 2019 4 his hometown and wants to have a better place for his children and grandchildren to grow up in. Mayor Santellana stated that public information can be gathered by anyone in the public, and there is nothing in the policy that prohibits publishing public information on social media. This policy speaks to misinformation and unfounded accusations that can be damaging. Mayor Santellana expressed that we are not trying to limit the rights of free speech, but that we want to be as transparent as possible so we can gain the information because citizens put their trust in us when they elected us to our positions, and we do not want to erode that trust. This is a living document that can be built upon and changed as needed. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, West and Whiteley Nays: Councilor Jackson Darron Leiker, City Manager, stated that as a leader of this organization and on behalf of the 1200 plus employees, he commends the members of council that voted for approving this Ordinance. This policy promotes transparency, high ethical standards and will foster trust in the public. - - - - - - - Item 7a Resolution 48-2019 9:29a.m. Resolution awarding bid for demolition, clearing and cleaning of 41 properties to Chad & Brandi, Inc. dba Wilson Contracting in the amount of $156,542.00. Moved by Councilor Chenault to approve Resolution 48-2019. Motion seconded by Councilor Browning and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, West and Whiteley Nays: Councilor Jackson - - - - - - - Item 7b Resolution 49-2019 9:32 a.m. City Council Minutes May 21, 2019 5 Resolution rejecting all bids for the asbestos abatement of fourteen (14) properties awaiting demolition. Moved by Councilor Chenault to approve Resolution 49-2019. Motion seconded by Councilor Browning Jim Dockery, Deputy City Manager, discussed the two bids that were received and how they were both very high. Staff is looking at modifications that can be made to the specifications reduce costs, and will resubmit the bid in hopes of receiving a lower bid. Staff recommends rejecting all bids at this time. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: - - - - - - - Item 7c Resolution 50-2019 9:36 a.m. Resolution authorizing the City Manager to award bid and contract for the 2019 Water Budget Utility Improvements Project to Bowles Construction Co in the amount of $1,539,039.00. Moved by Councilor Chenault to approve Resolution 50-2019. Motion seconded by Councilor Browning and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: - - - - - - - Mayor Santellana moved to Item 10 at this time. Item 10 Executive Session 9:38 a.m. City Council went into Executive Session at 9:38 a.m. in accordance with Texas Government Code 551.074. City Council Minutes May 21, 2019 6 City Council reconvened at 10:14 a.m. Mayor Santellana announced that no votes or polls were taken. - - - - - - - Item 7d Resolution 51-2019 10:14 a.m. Resolution extending the leave of Officer Timothy Putney pursuant to Texas Local Government Code §143.073. Moved by Councilor West to approve Resolution 51-2019 granting a one-year extension of leave with 100% pay for Officer Timothy Putney. Motion seconded by Councilor Brewer. Councilor Whiteley stated that he appreciates all of the support here today for Officer Putney. We are glad you are healing and getting better. Mayor Santellana also thanked everyone for their support, and stated that this was not a hard decision for the council. He stated that normally he would call for all public comment but today he is asking for anyone in opposition of the motion made to please speak. He welcomed Officer Putney or someone on his behalf to speak, but if there is no opposition to the motion they will proceed with the vote. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, West, and Whiteley Nays: None - - - - - - - Item 7e Resolution 52-2019 10:18 a.m. Resolution confirming the appointment of a Fire Chief for the City of Wichita Falls. Moved by Councilor Chenault to approve Resolution 52-2019. Motion seconded by Councilor Browning. City Council Minutes May 21, 2019 7 Darron Leiker, City Manager, discussed the selection process, which is conducted by the City Manager, with the selection being confirmed by the City Council. Mr. Leiker announced Ken Prillaman as his selection for Fire Chief, and gave a summary of Mr. Moved by Councilor West to amend the main motion to include the name of Ken Prillaman as Fire Chief for the City of Wichita Falls. Motion seconded by Councilor Chenault and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, West, and Whiteley Nays: Councilor Jackson Ken Prillaman addressed the City Council and stated that he is honored to be here and he is excited about the opportunity to serve as the next Fire Chief for Wichita Falls. Mr. Prillaman thanked the Council for their support, and stated that he and his wife are looking forward to becoming part of the community and are excited about their time in Wichita Falls. Mayor Santellana congratulated Mr. Prillaman and welcomed him to Wichita Falls. Darron Leiker thanked Donald Hughes for his outstanding service as Interim Chief. Mr. Leiker reminded the Council that Donald was the Assistant Chief when Jon Reese retired and the Assistant Chief position has remained vacant while Chief Hughes has served in both rolls. Darron Leiker thanked Chief Hughes for his dedication. - - - - - - - Item 8a(1) Staff Reports Discussion regarding possible creation of a Charter Review Committee City Attorney 10:26 a.m. Kinley Hegglund discussed the strategic plan objective to review and update the City Charter as needed. This discussion will give Council an opportunity to discuss how they want to handle this objective moving forward. Mr. Hegglund discussed the previous charter review committees in 1998 and 2005, their charge, and the membership of the committees. Mr. Hegglund recommends a committee of three council members, three staff members, and three citizens to form a charter review committee. He asked the council to consider the charge, and timeframe for the committee, and recommended that we aim for a November 2020 election. Councilor Whiteley asked about the costs of a May election. It was stated that a May election would cost approximately $25,000 - $30,000. Mr. Hegglund stated that we could make the deadline for a May election, he was just looking at our normal November election date. City Council Minutes May 21, 2019 8 Kinley Hegglund suggested that council email suggestions to him and he will compile a report to present to Council in June. - - - - - - - Item 8a(2) Staff Reports Presentation of Additional Hotel Occupancy Tax for Venue Projects Jim Dockery 10:32 a.m. Jim Dockery, Deputy City Manager, gave a presentation on the possibility of an additional hotel occupancy tax. Mr. Dockery discussed the strategic plan initiative to find alternative financing for issues that did not receive bond funding. This tax would be passed through to customers that stay in local hotels/motels/bed and breakfast facilities inside city limits to generate revenue to be used specifically for venues that generate tourism. A market comparison of comparable cities was presented showing the current hotel occupancy taxes in comparable cities. Six percent of the hotel occupancy tax goes directly to the state with the other current seven percent going to the city. These funds are currently used primarily to pay for subsidies to the MPEC, the Convention and Visitors Bureau staff and needed supplies, promotion of tourism, and to support local arts agencies in the City. We are proposing that the city increase the Hotel Occupancy Tax by two percent to be used for specific venues. This proposition would have to be approved by voters. If approved a typical hotel stay would increase approximately $1.00 - $3.00. Mr. Dockery discussed needed repairs to the venues, and the fact that there is no current funding source for the repairs and renovations of these facilities. These additional revenues provide a way to pay for needed repairs and renovations with no burden to the local taxpayers. Mr. Dockery discussed projects other cities have accomplished with the additional two percent tax for venue projects. The additional two percent would generate approximately $550,000 per year, we would be required to issue bonds for the projects, and use the additional revenue generated to pay for the debt service. There was discussion on the process needed to move forward with an election if the council chooses to do so. Staff believes this is a reasonable way to obtain revenue to fund these projects without having to rely on local taxpayers. If we do not address the repair needs in these facilities, it could negatively impact tourism in Wichita Falls, and reduce city revenues. Mr. Dockery gave credit to Lindsey Barker and the CVB staff for the slides presented and the proposed branding. Lindsay Barker, CVB Director, discussed the goal to be clear, concise and consistent with the marketing of this proposal. Marketing would be a coordinated effort between the Convention and Visitors Bureau, Public Information Office and Spectra Venue Management, with information available online, via social media, and through a short video series highlighting the projects. The marketing plan includes speaking engagements with civic groups, one on one meetings, mailers, and possible television ads. City Council Minutes May 21, 2019 9 There was brief discussion about the fact that marketing can only be done prior to the election being called. Once the election is called only education materials can be handed out. Councilor Browning asked about the marketing costs, and Ms. Barker stated that they do have money in the budget set aside unknown marketing expenses, but feels that the costs would be minimal. Mayor Santellana stated that he feels this is a valid issue, and that education will be key. We all have a duty as Councilmembers to help educate the public. Darron Leiker, City Manager, stated that the key point that has to be driven home is that local taxpayers will not pay this tax, but we also need to express that without this tax, undoubtedly down the road, maintenance needs of these buildings will cost property taxpayers if this new funding source is not approved. Councilor West asked Councilor Jackson if the constituent base he normally speaks with would support this type of tax. Councilor Jackson stated that he has not spoken with anyone but he is in favor of this type of tax and the improvements to these facilities. - - - - - - - Item 8b - Items of Concern to Members of the City Council 10:53 a.m. Councilor Jackson thanked Russell Schreiber for the quick response to his possible sewer issue, and for the road construction in his district. Councilor Jackson stated that he still has a lot of potholes on his road, but knows that it will all get worked out. Thank you to Donald Hughes for his interim service, and stated that he believes we should have hired within. Councilor Jackson stated that with the new policy approved, he will continue to be as transparent as his constituents will let him be, that is his first amendment right and he will continue to do so. Councilor Chenault thanked everyone for coming out and announced free concert by the Inspiration Band tonight at 7:00 in Bud Daniels Park. Councilor Whiteley welcomed Jessica Williams, Finance Director, to Wichita Falls, and congratulated Mr. Prillaman for his appointment as Fire Chief and stated that they have high expectations for him. Councilor Whiteley stated that after the discussion of council liaisons, unable to attend one of the meetings he is assigned to, so that others can attend if they would like. With budget coming up Councilor Whiteley asked that employees be kept in mind and asked about the employee salary survey information. It was stated that th employee salary survey information will be presented at the June 4 meeting. Councilor Whiteley stated that he is somewhat disappointed that Councilor Jackson feels like the new ethics policy is directed at him, but these are guidelines we have City Council Minutes May 21, 2019 10 previously had that want to behave in a professional manner and serve our city the best that we can, and that it is just common sense procedure that we all behave ourselves and not embarrass the city or the citizens that elected us. Councilor Whiteley encouraged the media to read the entire document, and not just the one paragraph that addressed the dress code as that one paragraph is what he heard highlighted on the radio this morning. He wants to make sure that we look at the whole document and are in agreement that we are trying to present a professional council to our citizens. Mayor Santellana wanted to thank Officer Putney and everyone that supported him today. We have high hopes that he will make a full recovery and be able to come back to full duty. Welcome to our new hires Jessica Williams and Ken Prillaman, and thank you to Donald Hughes for his service as Interim Fire Chief as well as Assistant Chief duties. Mayor Santellana stated that the new ethics policy is not targeted towards anyone, and that it targets actions not individuals. We want to make sure we are holding ourselves to the highest standard, and he thanked the councilors that voted for this policy. - - - - - - - Item 9 Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 11:02 a.m. David Barbosa, 2428 Brentwood Drive, addressed the council in reference to the We Can/Texas Ramp project and introduced John Laine, Executive Director of the Texas Ramp Project. Mr. Laine stated lack ramps to individuals identified by the healthcare community and are probably the largest supplier of ramps in the United States. Texas Ramp Project has given away over 17,000 free ramps within the state of Texas. He is here to address the issue of permits and variances for their services. The City of Wichita Falls is the only city in Texas that is charging fees for permits and variances. They only seek to assist clients that cannot afford ramps, and provide a significant cost savings to them. Mr. Laine is asking for a waiver from the fees charged for their services. Mayor Santellana asked Mr. Laine to email him the information on their services, and thanked him for his time. Erica Persaud, 2005 Wenonah, stated that she is an advocate of the young, old, mentally challenged, and seniors in our community. By happenstance she met one of our residents who was a caregiver for her mother. She stated that they wanted to move out of our community due to access issues at her home. Ms. Persaud encouraged the - - - - - - - Item 12 Adjourn City Council Minutes May 21, 2019 11 Mayor Santellana adjourned the meeting at 11:06 a.m. th PASSED AND APPROVED this 4 day of June, 2019. ________________________________ Stephen L. Santellana, Mayor ATTEST: ____________________________________ Marie Balthrop, TRMC, CMC City Clerk City Council Minutes May 21, 2019 12