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Min 04/02/2013 34 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building April 2, 2013 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. Glenn Barham - Mayor Michael Smith - Mayor Pro Tern Dorothy Roberts-Burns - Councilors Annetta Pope - Brian Hooker - Tim Ingle - Mary Ward - Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Luke Love, Pastor of Wichita Falls Baptist Church, gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3 Mayor Barham recognized Mr. Donnie Arbeau, Transportation Planner II and Geographic Information System Analyst in the Aviation, Traffic and Transportation Department, as Employee of the Month for April 2013. Mayor presented Mr. Arbeau with a plaque, a letter of appreciation, restaurant tickets and a check. Item 3b Mayor Barham proclaimed April 1-7, 2013 as "National Public Health Week in Wichita Falls'. Health Director Lou Kreidler expressed appreciation to the Council for their support. Mrs. Kreidler and several of her employees accepted the proclamation an. She provided information on the Health Fair that will be held April 13, 2013. Mayor Barham proclaimed the month of April 2013 as "Child Abuse Prevention Month in Wichita Falls". Patsy Baggett and representatives from Patsy's House, Child Protective Services, Child Welfare Board, CASA, Children's Home, and Community Partners accepted the proclamation. Patsy Baggett expressed appreciation to all who support and volunteer. 35 Item 3b 1 Mayor proclaimed April 13, 2013 as "Dawn Thompson Day in Wichita Falls" and presented her with the "2013 Patsy Baggett Children's Service Award" in appreciation for all her hard work, dedication, and special efforts of support to help the abused and less fortunate children in our community. She is the founder of fund raising events such as "Adopt a Box" and "Spa Kids". She is an inspiration to all and is dedicated and committed to helping the abused and less fortunate children in Wichita Falls. Mrs. Thompson expressed appreciation to the Council and all the nonprofit organizations that work with these children; she also expressed her appreciation to this great community that has been very supportive. Item 3c Paul Edgin with Edgin, Parkman, Fleming, & Fleming, PC, independent accounting firm presented the Annual Financial Report. Item 4 J. Michael Kohutka, 1400 N. Scott, Krank It Karaoke Kafe, (940.704.0308) requested that Council consider extending the "Downtown Ordinance" (protection) to include all businesses. It would be beneficial to extend protection to the rest of us in light of the murder that occurred recently in the adjoining bar. Mayor directed him to discuss this with the City Attorney. Allen Palmatary, 2216 Sheppard Access, was confused about the wrecker ordinance contract that was recently adopted by City Council and does not know what he is supposed to be doing. He suggested a meeting with two councilors to discuss the wrecker service with all the wrecker people. Mike Freeman, 145 S. Huntington Lane, was also confused about what is going on with the wrecker ordinance; he did not know if they are still on the rotation system. He asked Council to reconsider the wrecker contract with Jody Wade; he believes it was an error to do business with Jody Wade and that time will reflect that. Item 5 Minutes of the March 19, 2013, Council meeting were approved as distributed. Items 6a-7e City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Smith that the Consent Agenda be approved. Motion seconded by Councilor Ingle and carried by the by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 6a RESOLUTION NO. 32-2013 Resolution Awarding Bid For The City's Annual Supply Of 5/8" And 1" Water Meters To Zenner Performance Meters, In The Amount Of$190,848.60 Item 6b RESOLUTION NO. 33-2013 Resolution Awarding The Bid For The 2013 Sanitation Parking Lot Rehabilitation Project (CWF13-530-12) To Freeman Construction, In An Estimated Amount of$106,821.50 36 Items 7a-7e Minutes of the following boards and commissions were received. (a) Airport Board of Adjustment, October 24, 2012. (b) Board of Adjustment, November 21, 2012. (c) Wichita Falls 4B Sales Tax Corporation, January 10, 2013. (d) Wichita Falls Economic Development Corporation, January 31, 2013. (e) Planning &Zoning Commission, February 13, 2013. Item 8a ORDINANCE NO. 15-2013 Ordinance Amending Ordinance No. 16-2011, Declaring Certain Structures As Dangerous, By Allowing The Property Owner Additional Time To Rehabilitate 1311 Giddings Street Moved by Councilor Roberts-Burns that Ordinance No. 15-2013. be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle and Ward. Nays: None Item 8b ORDINANCE NO. 16-2013 Ordinance Rezoning Approximately 19.04 Acres Of Land At 4300 Barnett Road From Single Family-2 (SF-2) To Limited Office (LO), And Amending The Land Use Plan To Change The Area From High Density Residential To Light Commercial Moved by Councilor Roberts-Burns that Ordinance No. 16-2013. be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 8c ORDINANCE NO. 17-2013 Ordinance Amending The Code Of Ordinances, Appendix B Zoning, Section 6845 Certificate Of Occupancy Or Final Inspection, To Postpone The Installation Of Required Landscaping While Under Stage 3 Or Greater Drought Restrictions Moved by Councilor Roberts-Burns that Ordinance No. 17- 2013 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 8d ORDINANCE NO. 18-2013 Ordinance Making An Appropriation To The Special Revenue Fund For The Public Health Emergency Grant In The Amount Of $26,467 Received From The Texas Department Of State Health Services And Authorizing The City Manager To Execute Contract Accepting Same 37 Item 8d continued Moved by Councilor Ingle that Ordinance No.18-2013 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None City Council recessed at 9:15 a.m. and reconvened at 9:35 a.m. Item 9a RESOLUTION NO. 34-2013 Resolution Adopting The City Of Wichita Falls Wayfinding Master Plan, Dated 1 March 2013 Moved by Councilor Roberts-Burns that Resolution No. 34-2013 be passed. Motion seconded by Councilor Hooker. Assistant City Manager Kevin Hugman gave a presentation on the Wayfinding Signage Master Plan; a copy is on file in the Office of the City Clerk. Motion carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 9b RESOLUTION NO. 35-2013 Resolution Authorizing The Purchase Of An Above-Ground, Dual-Fuel, Self-Service Fueling System With Protective Wall And Isolated Chambers For The Kickapoo Airport From U-Fuel, Inc., In The Amount Of$85,854.00 Moved by Councilor Roberts-Burns that Resolution No. 35-2013 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 9c RESOLUTION NO. 36-2013 Resolution Approving Change Order No. 11 To The Cypress Water Treatment Plant 2010 10MGD Conventional Treatment Plant Project (CWF07-544-06) In A Deductive Amount Of$57,647.00, With A Final Project Amount Of$45,461,389.60 Moved by Councilor Ward that Resolution No. 36-2013 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None 38 Item 9d RESOLUTION NO. 37-2013 Resolution Approving The Programs And Expenditures Of The Wichita Falls Economic Development Corporation (WFEDC) And Amending The Budget As Appropriate To Include Up To $2,396,400 For The Ulm Corporation Recruitment Project Moved by Councilor Roberts-Burns that Resolution No. 37-2013 be passed. Motion seconded by Councilor Smith. Kevin Pearson, Chamber of Commerce Executive Director, presented Billy Ulm and Eric Ulm, owners of ULM Corporation,. Also present were Ted Baker, Operations Manager, Jamie Toogood, Office Manager, and Lauren San Miguel. Billy Ulm, 1240 Ramser Dr. Bogart, Georgia, briefly explained their business, equipment, and procedures. They are located in the old Penske property on 1901 Central Freeway East, and in the process of purchasing; closing tomorrow. Scott Hunter, 2609 Amherst, wanted to know what this company was going to do that local providers are not already doing, who have been paying local taxes. Billy Ulm stated that there are not a lot of companies that work for Sunoco on this scale; ULM Corporation will be getting and managing up to 150 trucks, service, drivers, and everything that goes with it. It is a different type business than running a trucking company with approximately 10 or a15 trucks. We have a better opportunity to haul oil daily because of the management and financial stability. Pipelines need to be assured that they will be able to haul oil every day and on time. Also, other companies do not have the ticket system where a driver that provides data feed to our customers immediately; it is cleaner to keep up with as well. Councilor Ingle expressed concern about the possibility of shortage of CDL drivers. Kevin Pearson, Chamber of Commerce Executive Director, has begun discussion with Vernon College regarding a CDL training school to help those local companies who might lose truck drivers to ULM and possibly send them to ULM as well. Billy Ulm informed that they have three recruiters that are hiring CDL drivers for them and of the 52 drivers they currently have, less than half are from Wichita Falls. We will have to import drivers from outside. The 360 drivers will be a 3 year phase-in; 140 will be hired this year. Mayor Barham commented that it is a matter of competition. The average local truck driver wage is about $55,000-$60,000 and if they want to get good qualified drivers they will have to go higher than that. It is competition and that is what drives our economy Motion carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 10a Lindsey Greer, Convention Visitors Bureau Executive Director, gave a brief update on the bids that were won and number of attendees; also the conventions that will be coming here. She informed on the sports' bids that had been submitted; seven baseball tournaments are coming; also bidding on horseshoe pitchers event. The CVB hospitality tours continue; social media is being updated and new ideas are being implemented; a new blog was added. Numerous contests such as"direct book" to book a room are available on CVB website. Item 10b Council members brought up the following matters: Councilor Pope: a) Thanked staff for all the good work they do. Thanked Public Communications for doing a great job in helping her last week 39 Item 10b continued Councilor Smith: a) Informed about the "40 Gallon Challenge" to conserve water; check City website. b) City has "Frequently Asked Questions List" on the City website. c) Water conservation is increasing. d) Be Clean and Green Annual Cleanup Project - April 6, meet at Lucy Park at 10 a.m.; check City website e) Animal Control vehicles have new wraps, advertising. Councilor Ward: a) Enjoyed the rain; continue to pray for more rain. Councilor Roberts-Burns: a) Hope we can find ways to keep our trees alive during this drought. Item 11 City Council adjourned at 10:30 a.m. PASSED AND APPROVED this 161" day of April 2013. Glenn Barham, Mayor ATTEST: Lydia Ozuna, City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor f Dorothy Roberts-Burns, At Large Michael Smith, Mayor Pro Tern 1 Annetta Pope-Dotson, District 2 // Brian Hooker, District 3 ° (/J Tim Ingle, District 4 ��-1111 T E X A S Mary Ward, District 5 B/u�Sk�e`i.r?�1den O��or'tun�tie,. -- Darron Leiker, City Manager Miles Risley, City Attorney Lydia Ozuna, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, April 2, 2013 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Pastor Luke Love Wichita Falls Baptist Church (b) Pledge Of Allegiance 3. Presentations (a) Employee of the Month — Donnie Arbeau, Aviation, Traffic and Transportation (b) Proclamation — Public Health Week— Health Department (c) Presentation Of Comprehensive Annual Financial Report by 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 The March 19, 2013 Regular Meeting Of The Mayor And City Council CONSENT AGENDA 6. Resolutions (a) Resolution Awarding Bid For The City's Annual Supply #47 Of 5/8" And 1" Water Meters To Zenner Performance Meters, In The Amount Of $190,848.60 (b) Resolution To Award The Bid For The 2013 Sanitation #48 Parking Lot Rehabilitation Project (CWF13-530-12) To Freeman Construction, In An Estimated Amount Of $106,821.50 7. Receive Minutes (a) Airport Board of Adjustment, October 24, 2012 (b) Board of Adjustment, November 21, 2012 (c) Wichita Falls 4B Sales Tax Corporation, January 10, 2013 (d) Wichita Falls Economic Development Corporation, January 31, 2013 (e) Planning & Zoning Commission, February 13, 2013 REGULAR AGENDA 8. Ordinances (a) Ordinance Amending Ordinance No. 16-2011 Of The #49 Code Of Ordinances Of The City Of Wichita Falls, Declaring Certain Structures As Dangerous By Allowing The Property Owner Additional Time To Rehabilitate 1311 Giddings Street (b) Ordinance Rezoning Approximately 19.04 Acres Of Land #50 At 4300 Barnett Road From Single Family-2 (SF2) To Limited Office (LO), And Amending The Land Use Plan To Change The Area From High Density Residential To Light Commercial (c) Ordinance Amending The Code Of Ordinances, #51 Appendix B Zoning, Section 6845 Certificate Of Occupancy Or Final Inspection, To Postpone The Installation Of Required Landscaping While Under Stage 3 Or Greater Drought Restrictions (d) Ordinance Making an Appropriation To The Special #52 Revenue Fund For The Public Health Emergency Grant In The Amount of $26,467 Received From The Department of State Health Services and Authorizing The City Manager to Execute Contract Accepting Same 9. Resolutions (a) Resolution Adopting The City Of Wichita Falls #53 Wayfinding Master Plan, Dated 1 March 2013 CITY COUNCIL AGENDA PAGE 2 OF 4 PAGES (b) Resolution Authorizing The Purchase Of An Above- #54 Ground, Dual-Fuel, Self-Service Fueling System With Protective Wall And Isolated Chambers For The Kickapoo Airport From U-Fuel, Inc., In The Amount Of $85,854.00 (c) Resolution Approving Change Order No. 11 To The #55 Cypress Water Treatment Plant 2010 10MGD Conventional Treatment Plant Project (CWF07-544-06) In A Deductive Amount Of $57,647.00, With A Final Project Amount Of$45,461,389.60 (d) Resolution Approving The Programs And Expenditures #56 Of The Wichita Falls Economic Development Corporation (WFEDC) And Amending The Budget As Appropriate To Include Up To $2,396,400 For The Ulm Corporation Recruitment Project 10. Other Council Matters (a) Staff Council Discussion CVB Update (b) Discussion Of Items Of Concern To Members Of The City Council. 11. 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 6th Street entrance nearest the Council chambers. There are additional handicapped parking spaces and ramp on 7th Street at the main building 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. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under"Executive Sessions" of this agenda, regardless CITY COUNCIL AGENDA PAGE 3 OF 4 PAGES of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. 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 2013 at o'clock (a.m.)(p.m.). City Clerk CITY COUNCIL AGENDA PAGE 4 OF 4 PAGES