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Min 05/07/2013 48 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building May 7, 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 Reverend Linda Marcum, Pastor of Beverly Drive United Methodist Church gave the invocation. Item 2b Mayor led in the Pledge of Allegiance. Item 3a Assistant City Manager Kevin Hugman introduced Mr. Jason Sweat, Project Manager, Department of Defense - Office of Economic Adjustment, who is here on his new assignment at SAFB. Mr. Hugman provided information on Mr. Sweat's experience and background. Mr. Sweat introduced himself and informed that his visit is to reach out to the public on security projects and defense issues at SAFB, and to reaffirm commitment to this community and to SAFB as representative for the Department of Defense. He offered his services to assist the City on anything. Item 3b Mayor proclaimed May 11, 2013 as "National Association of Letter Carriers Food Drive Day in Wichita Falls" and encouraged everyone to help fight hunger by participating in this effort. Representatives from the local postal office accepted the proclamation. Item 3c Mayor proclaimed May 8, 2013 as "Walk and Bike to School and Work Day in Wichita Falls" and urged citizens to put on their sneakers and ride their bikes or walk to work. The proclamation was accepted by representatives from several entities. 49 Item 3d Mayor proclaimed the week of May 6-10, 2013 as "National Compost Week in Wichita Falls" and encouraged everyone to use compost. Sanitation Supervisor Dave Lehfeldt and a Master Gardner accepted proclamation. Item 3e Mayor recognized Mr. Al Gonzales, Public Health Preparedness Coordinator, as Employee of the Month for May 2013. Mayor presented Mr. Gonzales with a plaque, a letter of appreciation, restaurant tickets and a check. Item 4 Steven Linn, 3413 Stirling Street, complimented Mr. Daniel Nix on his response to a water issue he had; it was very refreshing and he has excellent skills and knowledge. Mr. Linn suggested that more training be provided to employees who are observing water infractions before a citation is given, such as topography, etc. Keith Cameron, 2620 Elmwood, wanted to know at what stage, when we are running out of water, do we end selling water; he also wanted to know how the county enters into our problems. Mayor informed that we are contractually bound to provide water to the eleven entities, and they are required to follow the same guidelines as our citizens. If we need to reduce consumption, all entities have to do the same. We are studying what we will do when it gets down to 15%-20%. Mr. Cameron stated that the public wants to know what the City is doing and we do not hear from the City. Mayor commented that sometimes we do not want to publicize it until it is time to do that and we are in that position now, but when it comes time we will do it in a big way. Mr. Cameron said they did not want to be surprised with one week notice. Mayor assured him it would be very well advertised and timely. City Manager provided info that was presented last council meeting by Public Works Director. Keith Cameron, 2620 Elmwood, expressed concern about recycled water and the $13 million for the emergency water project. Sometimes we spend our time spinning our wheels instead of doing something. Mayor explained the wait time was TCEQ for their approval, possibly a month we can start the project. Plans are in place. Marilyn Scott, 2404 Polk, spoke to water concerns regarding Castaway Cove Water Park that appears that the City is not concerned about the water since they are opening up this water park. The money that is going to 4A and 4B should go to the voters to decide where those funds should go. It is time to go to the voters to eliminate 4A and 4B and put that money to the water project. She asked Council to consider that they represent all citizens rich and poor. Item 5 Minutes of the April 16, 2013, Council meeting were approved as distributed. Items 6a-6i 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 Pope and carried by the by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Items 6a-6i Minutes of the following boards and commissions were received. (a) Wichita Falls MPO Technical Advisory Committee, January 16, 2013. 50 Items 6a-6i continued (b) Wichita Falls MPO Transportation Policy Committee, January 30, 2013. (c) Library Advisory Board, February 19, 2013. (d) Wichita Falls MPO Transportation Policy Committee, February 28, 2013. (e) Wichita Falls Economic Development Corporation, March 8, 2013. (f) Planning &Zoning Commission, March 13, 2013. (g) Board of Adjustment, March 20, 2013. (h) Landmark Commission, March 26, 2013. (i) Wichita Falls Park Board, March 28, 2013. Item 7a A public hearing was held for the proposed increase in Wichita Falls Transit System fares. Mayor declared the public hearing open. John Burrus, Traffic and Transportation Director informed that this is the second required public hearing; they received public comments for eleven days which have been included in Council's packet. Councilor Ingle asked if they separated seniors from students. Mr. Burrus replied that they had not but it is very few. Beverly Ellis, 1605 Parkdale, moved here from Houston recently and their fare is $1 and that is a large city. She was opposed to this increase. Consider putting this to a vote of the people to determine if they want a fare increase. Also, transit fare is not accommodating to those who work after 6:00, including those who are handicap and use public transportation to work or visit t places like McDonald's, Burger King, etc. Mr. Burrus informed that they could look into that for Job Access and Return Commute (JART) funding, but now federal government passes a bill and no one knows what that bill says and when it is all done. We do need to look at some JART program. Mayor referred to the alleged high fares we charge, and gave a listing of others that are over$1. Mayor called for additional comments. There being none Mayor declared the public hearing closed. Councilor Pope asked that Mr. Burrus provide information on the Grocery Cart Service to seniors. Mr. Burrus informed that they have started a "Grocery Cart Program service where the disabled can schedule an appointment and we will take them to the store; it is a successful program. Marilyn Scott, 2404 Polk, commented that was a commendable program and glad to see that the travel terminal is going up. She spoke against spending money to build another sports facility. We have plenty of recreational activities; should put funding into water projects. Mayor commented that there is no money in federal funds towards transit terminal. Mr. Burrus explained how the federal funding was being used and explained the formula for this travel center project and how the fare increase revenue will be used. Marilyn Scott asked how much was borrowed from 4A. Mr. Burrus replied that it was about $1 million. Mrs. Scott commented that is City's sales tax money and the City should not have to pay that back. Councilor Smith informed that good data has been provided by Staff and everyone should pay attention to what the true facts are; and it is time for a fare increase. He provided information on the 11 city survey noting that the City is at or below the reduced fares. Feels we have a very good transportation system and sometimes there are things that have to be improved and will be addressed. City Manager informed that without federal subsidy and City taxes, the fares would be ten times more. Councilor Ward commended Mr. Burrus for the Grocery Cart Program; it is a real asset. Mayor called for additional public comments; there being none Mayor declared the public hearing closed. 51 Item 7b ORDINANCE NO. 22-2013 Ordinance To Adopt The Proposed Passenger Fare Structure For The Wichita Falls Transit System, And Establishing An Effective Date Of July 1, 2013 Moved by Councilor Roberts-Burns that Ordinance No. 22-2013. be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None City Council recessed at 9:45 a.m. and reconvene at 10 a.m. Item 9f was moved up and considered at this time. Item 9f RESOLUTION NO. 52-2013 Resolution Reducing The Rental Fee Of The Mobile Stage For Rental To The Founders Lions Club For Their T-O Fair Event September 17-21, 2013 Moved by Councilor Pope that Resolution No. 52-2013 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 Item 8a ORDINANCE NO. 23-2013 Ordinance Appropriating $8,000 To The Special Revenue Fund For The Ryan White Part B Grant For The Early Intervention Program And Authorizing The City Manager To Execute Documents Necessary To Receive Said Funds From Tarrant County For The Wichita Falls-Wichita County Health District Pursuant To Said Grant Moved by Councilor Roberts-Burns that Ordinance No. 23-2013 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 9a RESOLUTION NO. 47-2013 Resolution Authorizing The City Manager To Execute An Interlocal Cooperation Agreement Between The City, County, And Wichita Falls Independent School District For Maintenance, Preservation, Safekeeping, And Marketing Of Property Tax Re-Sales In Wichita Falls Moved by Councilor Ingle that Resolution No.47-2013 be passed. 52 Item 9a continued 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 Item 9b RESOLUTION NO. 48-2013 Resolution Authorizing The Purchase Of A Peterson Solid Waste Truck Dump Body With Loader Through The BuyBoard Purchasing Cooperative From Heil Of Texas In The Amount Of$63,270.00 Moved by Councilor Ward that Resolution No. 48-2013 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 9c RESOLUTION NO. 49-2013 Resolution Awarding The Bid For The Purchase Of One 37,000 GVW Cab & Chassis To Wichita Falls Freightliner In The Amount Of$73,084.00 Moved by Councilor Ward that Resolution No.49-2013 be passed. Motion seconded by Councilor Hooker and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 9d RESOLUTION NO. 50-2013 Resolution Authorizing The City Manager To Apply For The FY 2013 Bulletproof Vest Partnership Program In A Total Amount Of Approximately $20,300.00 Moved by Councilor Roberts-Burns that Resolution No. 50-2013 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 Item 9e RESOLUTION NO. 51-2013 Resolution Authorizing The City Manager To Execute All Documents To Apply To The Office Of The Governor, Criminal Justice Division, For A Gang Overtime Grant Totaling Up To $20,000.00 Moved by Councilor Ward that Resolution No. 51-2013 be passed. 53 Item 9e continued Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 9g RESOLUTION NO. 53-2013 Resolution To Establish Composition And Objectives Of Lake Wichita Study Committee Moved by Councilor Roberts-Burns that Resolution No. 53-2013 be passed. Motion seconded by Councilor Smith. Scott Storm # 40 Victoria, Lakeside City, requested that proposed Resolution be amended to include two people from Lakeside City be represented one at large and one of their council members. City Manager recommended that if Council considers adding another member that they be ex- officio, non-voting member and leaving the nine member makeup as recommended. He would not recommend reducing what has been recommended. Staff positions are non-voting and will only be as a resource. Mayor commented that if additional Lakeside City representatives are added that they be ex- officio, non-voting members. Moved by Councilor Hooker to amend the proposed resolution by adding a representative from Lakeside City as an ex-officio member. 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 Main motion as amended carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Item 10a City Clerk Lydia Ozuna provide information on the upcoming May 11, 2013 Municipal Election. Mrs. Ozuna provided same information in Spanish. Item 10b Council members brought up the following matters: Councilor Hooker: a. Commented how nice the right of ways look on Kell and 1-44 going through town; they have been mowed and look very nice. Councilor Pope: a. Expressed appreciation to staff; they are great. Councilor Smith: a. Encouraged citizens to participate in the 40 Gallon Challenge; contact County Extension Office. b. Reminded everyone about the Veterans Memorial Pavilion Project honoring Glen Eichman; it is at County Cemetery; donate money, services, your time. This will honor all veterans. 54 Item 10b continued c. Police Department received 32,000 calls and made some 1400 arrests; hats off to Chief Borrego' leadership and his police officers. Councilor Ingle: a. Commented about water running down the slope and question if there is someone watering too much out there; needs to be checked b. New Maplewood fishing lake, trouble getting access. The reeds and the slope, asked that this be addressed. c. Is the MPEC Board needed, we hear the same thing from Bob Sullivan and his staff; if it is needed for recommendations, asked that Council think about this d. Get out and vote. e. If we created a separate pay for seniors and students to see how many seniors are using it. Separate sales so we know who is purchasing. Councilor Ward: a. Agreed with Councilor Pope that we have a great staff here at the City. Thank you. Councilor Roberts-Burns: a. Lights are out at Emmanuel Overpass. Mayor Barham: a. Very important that you get out and vote; exercise that right. Item 11 a-c City Council went into Executive Session at 10:39 a.m. in accordance with Texas Government Code § 551.071, § 551.087, and § 551.074. City Council reconvened at 12:30 p.m. Mayor announced that no polls or votes were taken during Executive Session. Item 12 Moved by Councilor Smith that Mayor Glenn Barham be reappointed to the Wichita Wilbarger 9-1-1 Board with term to expire May 5, 2015. Motion seconded by Councilor Hooker and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Hooker, Ingle, and Ward Nays: None Abstention: Mayor Barham Item 13 Council adjourned at 12:31 p.m. PASSED AND APPROVED this 21 day of May 2013. Glenn Barham, Mayor ATTEST: Lydia Ozuna, City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor Dorothy Roberts-Burns, At Large - y Michael Smith, Mayor Pro Tern ' Annetta Pope-Dotson, District 2 ,>••x;"; • !/ Brian Hooker, District 3 °�dr Tim Ingle, District 4 T E X A S Mary Ward, District 5 B/u�Skies Lf�/de�t0y��'tun�7i�5: --- 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, May 7, 2013 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Reverend Linda Marcum, Pastor Beverly Drive United Methodist Church (b) Pledge Of Allegiance 3. Presentations (a) Department of Defense — Office of Economic Adjustment Introduction — Project Manager Jason Sweat (b) Proclamation — National Association of Letter Carriers Food Drive (c) Proclamation - Walk and Bike to School and Work Day (d) Proclamation - National Compost Week (e) Employee of the Month, Al Gonzales, Health Department 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 April 16, 2013 Regular Meeting Of The Mayor And City Council. CONSENT AGENDA 6. Receive Minutes (a) Wichita Falls MPO Technical Advisory Committee, January 16, 2013 (b) Wichita Falls MPO Transportation Policy Committee, January 30, 2013 (c) Library Advisory Board, February 19, 2013 (d) Wichita Falls MPO Transportation Policy Committee, February 28, 2013 (e) Wichita Falls Economic Development Corporation, March 8, 2013 (f) Planning & Zoning Commission, March 13, 2013 (g) Board of Adjustment, March 20, 2013 (h) Landmark Commission, March 26, 2013 (i) Wichita Falls Park Board Meeting, March 28, 2013 REGULAR AGENDA 7. (a) Public Hearing For The Proposed Increase In Wichita Falls Transit System Fares (b) Ordinance To Adopt The Proposed Passenger Fare #69 Structure For The Wichita Falls Transit System, And Establishing An Effective Date Of July 1, 2013 8. Ordinances (a) Ordinance Appropriating $8,000 To The Special Revenue #70 Fund For The Ryan White Part B Grant For The Early Intervention Program And Authorizing The City Manager To Execute Documents Necessary To Receive Said Funds From Tarrant County For The Wichita Falls- Wichita County Health District Pursuant To Said Grant 9. Resolutions (a) Resolution Authorizing The City Manager To Execute An #71 Interlocal Cooperation Agreement Between The City, County, And Wichita Falls Independent School District For Maintenance, Preservation, Safekeeping, And Marketing Of Property Tax Re-sales In Wichita Falls (b) Resolution Authorizing The Purchase Of A Peterson #72 Solid Waste Truck Dump Body With Loader Through The BuyBoard Purchasing Cooperative From Heil Of Texas In The Amount Of$63,270.00 (c) Resolution Awarding The Bid For The Purchase Of One #73 37,000 GVW Cab & Chassis To Wichita Falls Freightliner In The Amount Of$73,084.00 CITY COUNCIL AGENDA PAGE 2 OF 4 (d) Resolution Authorizing The City Manager To Apply For #74 The FY 2013 Bulletproof Vest Partnership Program In A Total Amount Of Approximately $20,300.00 (e) Resolution Authorizing The City Manager To Execute All #75 Documents To Apply To The Office Of The Governor, Criminal Justice Division, For A Gang Overtime Grant Totaling Up To $20,000.00 (f) Resolution Reducing The Rental Fee Of The Mobile #76 Stage For Rental To The Founders Lions Club For Their T-O Fair Event September 17-21, 2013 (g) Resolution To Establish Composition And Objectives Of #77 Lake Wichita Study Committee 10. Other Council Matters (a) Staff Council Discussion — City Clerk Election Report (b) Discussion Of Items Of Concern To Members Of The City Council. 11. Executive Sessions: (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 (including, but not limited to, legal issues related to substance regulation and economic development) (b) Executive Session in accordance with Texas Government Code § 551.087, to discuss or deliberate the offer of a financial or other incentive to 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, but not limited to, utilities, transportation, and manufacturing related projects and economic development update) (c) 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 CITY COUNCIL AGENDA PAGE 3 OF 4 PAGES employee (including, but not limited to, City Clerk and members of the Wichita Wilbarger 911 District Board) 12. Open Session To Consider Appointments To The Following Boards And Commissions: • Wichita Wilbarger 911 District Board 13. 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 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