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Min 04/16/2013 40 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building April 16, 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 - Tim Ingle - Mary Ward - Brian Hooker - Absent Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Barham called the meeting to order. Item 2a Dr. David Hartman of First Christian Church gave the invocation. Item 2b Mayor Barham led in the Pledge of Allegiance. Item 3b Mayor welcomed and presented Honorary Citizenship Certificates to twenty-three Wichita Falls area exchange students from Brazil, Spain, Turkey, Ecuador, Germany, Thailand, Lebanon, and Azerbaijan. Item 3d Mayor congratulated Alex Acosta, Notre Dame Elementary School student, as winner of the "Bike To School Poster" contest. Mayor presented Alex with a Certificate and she will receive a bicycle. This contest was sponsored by the Wichita Falls Health Department and the Traffic Engineering Division. Item 3a Mayor proclaimed April 14-20, 2013 as "Public Safety Telecommuter Week in Wichita Falls" and expressed appreciation to all public safety telecommuters who serve our City. Numerous telecommuters from the Police Department were present to accept the proclamation. 41 Item 3c Falls Fest representatives from the Wichita Falls Junior League thanked the City for being a partner with the Junior League and Steams and Valleys; also thanked the sponsors, vendors, and those who support this event. Although no check was presented this year due to the early cancellation of Falls Fest because of bad weather, Falls Fest representatives presented their Falls Fest Poster to the City. This year's Falls Fest will be held September 27-28, 2013. Item 4 Michelle Morrison, 4502 Coronado, Apt 8, asked Council to prayerfully consider banning K2 completely off the market in our City. It is currently being sold in smoke shops, convenient stores, etc. as potpourri. It is a big problem here in Wichita Falls; it is more like LSD and ecstasy and is a mind altering drug that is readily available mainly to kids but is also beginning to be used by adults. It has Illegal effects and is an addictive drug. Consider a law to take this drug off the market. It destroys minds. Marilyn Scott, 2404 Polk, submitted written information for a petition to place before the voters the re-allocation of the 2% sales tax. Mayor explained that this is not the correct petition form and he directed her to the City Clerk and City Attorney for the legal petition process since the document she submitted was not an actual petition with voter signatures. Item 5 Minutes of the April 2, 2013 City Council Meeting were approved as distributed Items 6a-6c City Manager gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Roberts-Burns that the Consent Agenda be approved. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Minutes of the following boards and commissions were received. (a) Landmark Commission, February 26, 2013 (b) Wichita Falls Park Board Meeting, February 28, 2013 (c) Wichita Falls Traffic Safety Commission, March 6, 2013. Item 8a A public hearing was held regarding an amendment to Section 62-5 of the Code of Ordinances to designate the Perkins-Prothro House at 3301 Harrison Blvd. as a Wichita Falls Landmark. Mayor declared the public hearing open. Karen Montgomery, Landmark Commission Liaison, provided information on the Landmark nominating process and on the Perkins-Prothro House, 3301 Harrison Blvd. She informed that Perkins-Prothro House at 3301 Harrison Blvd. meets all the requirements for designation and that the Landmark Commission recommends that the Perkins-Prothro House at 3301 Harrison Blvd. be designated as a Wichita Falls Landmark. Mayor called for additional comments. There being none, Mayor declared the public hearing closed. 42 Item 8b ORDINANCE NO. 19-2013 Ordinance Amending Section 62-5 Of The Code Of Ordinances Of The City Of Wichita Falls To Designate The Perkins-Prothro House At 3301 Harrison Blvd. As A Wichita Falls Landmark And Providing For Codification Moved by Councilor Roberts-Burns that Ordinance No.19-2013 be passed. Motion seconded by Councilor Ward. Karen Montgomery pointed out that this is the highest local honor that the City Council can bestow on a historical home. She provided detailed information on this Tudor revival home as well as its history. She pointed out that it has been in the family for three generations beginning with Joe J. Perkins and wife Lois, and daughter Lois Elizabeth who married Charles Prothro and their children who are present - Joe Nelson, Kay Yeager, and Mark Prothro. Mark Prothro and wife Diane are the current occupants of this home. Mark Prothro informed that this is the 751" year of construction of this home. It is a family home, and that is why he asked his siblings Kay and Joe to join him this morning to recognize the home. Motion carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Mayor presented Mark Prothro and the family the Wichita Falls Landmark plaque. Item 7a A public hearing was held on the proposed increase in Wichita Falls transit system fares. Mayor declared the public hearing open. Aviation, Traffic, Transportation Director John Burrus informed that two public hearings are required to be held when fares are increased or decreased. They anticipate having the Travel Center open before the budget is finalized and that is why the fare increase is being considered at this time. A research was conducted around the state to determine average fares and that is what is being proposed. Comment cards are available for the public to give their input on the proposed fares. This is the first of the two required public hearings and Council will take action on this at their May 7, 2013 meeting, but new fares will not go into effect until July. Marilyn Scott, 2404 Polk, wants to reallocate the sales tax so that items like these can be funded instead of going to other projects funded by 4A and 4B. She is in opposition of the fare increase. The Mayor called for additional comments. There being none, Mayor declared the public hearing closed. Item 9a ORDINANCE NO. 20-2013 Ordinance Authorizing The City Manager And Mayor To Execute All Documents Necessary To Accept Grant Funds Through The Texas Historical Commission In The Amount Of $21,000 To Update A Historic Preservation Survey And Plan For Wichita Falls, And Making Appropriations Into The Special Revenue Fund Moved by Councilor Roberts-Burns that Ordinance No. 20-2013 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward. Nays: None 43 Item 9b ORDINANCE NO. 21-2013 Ordinance Making An Appropriation To The Special Revenue Fund For Additional Grant Revenue From The State Of Texas For The Texas Department Of Transportation Selective Traffic Enforcement Program (Click It Or Ticket) Wave Grant FY 2013 For Traffic Enforcement And Authorizing The City Manager To Accept Same Moved by Councilor Roberts-Burns that Ordinance No. 21-2013 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None City Council recessed at 9:30 a.m. and reconvened at 9:45 a.m. Item 10a RESOLUTION NO. 38-2013 Resolution Approving The Programs And Expenditures Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors To Include Funding Up To $300,000 For The Midwestern State University (MSU) Baseball Field Project And Funding Up To $60,000 For The River Bend Nature Center Upper Walking Path Project Moved by Councilor Roberts-Burns that Resolution No. 38-2013 be passed. Motion seconded by Councilor Smith. Howard Farrell, Midwestern State University Vice President, stated that this gives the University an opportunity to increase enrollment, it is a recruitment opportunity. This is considered a good partnership. We feel strongly about the enhancement of enrollment and are serious about our minor league; we anticipate this field to be used constantly. This project is going to be supported by private funds. Marilyn Scott, 2404 Polk, spoke in opposition of this expenditure. This is the reason for her petition to reallocate 4A and 4B funds. The City should consider helping the low income by getting manufacturing companies here to provide jobs instead of funding "glory baseball dreams". Motion carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Item 10b RESOLUTION NO. 39-2013 Resolution Awarding Bids for Grazing Leases At Lake Arrowhead For Three-Year Terms Moved by Councilor Roberts-Burns that Resolution No. 39-2013 be passed. Motion seconded by Councilor Ward. Staff recommended that all bids on Grazing Lease #2 be rejected. Moved by Councilor Ingle to amend proposed resolution by rejecting all bids on Grazing Lease #2. 44 Item 10b continued Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Main motion as amended carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Item 10c RESOLUTION NO. 40-2013 Resolution Awarding Bids For Grazing Leases At Lake Kickapoo For Three-Year Terms Moved by Councilor Ingle that Resolution No. 40-2013 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Item 10d RESOLUTION NO. 41-2013 Resolution Authorizing The Purchase Of 2 Automated Side Load Sanitation Bodies Through The BuyBoard Purchasing Cooperative From Heil Of Texas In The Amount Of $179,708.00 Moved by Councilor Ingle that Resolution No. 41-2013 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Item 10e RESOLUTION NO. 42-2013 Resolution Awarding Bid For The Purchase Of One 64,000 GVW Cab & Chassis To Bruckner Truck Sales In The Amount Of $124,612.00 Moved by Councilor Ingle that Resolution No.42 -2013 be passed. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Item 10f RESOLUTION NO. 43-2013 Resolution Authorizing The Purchase Of LED Street Light Fixtures From Leotek Electronics USA Corporation In The Amount Of $194,575.00, With An Option To Purchase Additional Units Over The Next Six Months Under The Same Terms And Conditions 45 Item 10f continued Moved by Councilor Roberts-Burns that Resolution No. 43-2013 be passed. Motion seconded by Councilor Ward and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Item 10g RESOLUTION NO. 44-2013 Resolution Supporting The Appointment Of An Ad Hoc Committee To Study And Make Recommendation To The City Council For Improvements To And Management Of Lake Wichita Moved by Councilor Smith that Resolution No. 44-2013 be passed. Motion seconded by Councilor Pope. Park Board gave a presentation regarding the revitalization of Lake Wichita. Steve Garner, 2506 Shepherds Glen, explained the opportunity to take Lake Wichita back to the prominence it enjoyed 100 years ago and the need to act now that the lake levels are low to keep costs down. He mentioned several partnership ideas. One of the projects is the trail extension from the Lake Wichita Park to Barnett Road; dredging dirt could be used to make that trail. This lake would be a jewel to our City. Tom Lange, District Fishery Supervisor for Parks and Wildlife, has been working with the Park Board on this project. He gave a presentation on history and prospects, opportunities of Lake Wichita relating to the past, current and future. Create a Lake Wichita Revitalization Committee and include a Councilor, members with diverse interests, unique set of skills, passionate, active, cooperative efforts, public and private partners. He asked Council to charge the committee with things that are required. Councilor Ingle volunteered to serve on this Committee; and suggested three or four objectives to remain focused. Suggested ex-officio members from the county, and consider alternates. Mayor directed Staff to present recommendations with qualifications on makeup of this Committee at the next Council meeting. Mayor directed City Clerk to advertise generally and take applications for members to this Committee. Council can make appointments at their last meeting in May. Mr. Garner asked Council to get behind this movement to begin revitalization of Lake Wichita, and to move quickly. Mayor emphasized that there were some miscommunications from the media that this Committee would start a dredging project and that is not necessarily the case. Dredging of Lake Wichita at this point is not under consideration by the City, it could be in the future, but at this point and time it is not. We are not allocating or up here making a decision to go dredge Lake Wichita today; what we are doing is establishing the guidelines and the fact that we are going to set up a commission that will be charged with studying projects for Lake Wichita similar to the Parks Board, Planning & Zoning Commission, etc. It will be separate from the Parks Board but would like to have Parks Board members on there. It will become one of our 23 Boards and Commissions that we have. Motion carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None RESOLUTION NO. 45-2013 Resolution Renaming Wichita Falls Municipal Airport To Wichita Falls Regional Airport. 46 Item 10h continued Moved by Councilor Roberts-Burns that Resolution No. 45-2013 be passed. Motion seconded by Councilor Ingle and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Item 10i RESOLUTION NO. 46-2013 Resolution Authorizing The City Manager To Execute A Contractor Agreement With Greyhound Lines, Inc. In Conjunction With Intercity Bus Operations At The Wichita Falls Downtown Travel Center Moved by Councilor Ward that Resolution No. 46-2013 be passed. Motion seconded by Councilor Pope and carried by the following vote. Ayes: Mayor Barham, Councilors Roberts-Burns, Smith, Pope, Ingle, and Ward Nays: None Item 11 a City Clerk, Lydia Ozuna provided detailed information on the May 11, 2013 Municipal Election. Mrs. Ozuna provided the same information in Spanish. Public Works Director Russell Schreiber presented the Long Term Water Reuse Feasibility Study Report. A copy of this report is on file in the Office of the City Clerk. Item 11 b Council members brought up the following matters: Councilor Roberts-Burns: a) Stated that since this would be her last "real" meeting she thanked City Council, Staff and community; she has enjoyed the last eight years on the Council. Councilor Ward: a) Excited about the projects we have been discussing. She remembered when her father would take her to the Lake Wichita Pavilion. In favor of revitalizing Lake Wichita. Councilor Ingle: a) Thanked City Clerk Lydia Ozuna for all her hard work in preparing and presenting the election information in Spanish; it is not easy. b) Asked for status on Senate Bill 904 to change the three day deadline for candidates to withdraw. Mayor informed that Senator Estes has addressed the issue by amending Senate Bill 904 and it is now in the House; if the House passes the amendment it will resolve the election issue. c) Informed that this Thursday the Jefferson Awards will be presented; Water Resources Commission has been nominated. d) Regarding the Lake Wichita ad hoc committee, he wanted to make sure the money issue, where and how, was addressed when preparing recommendations to Council. g) Suggested that senior citizens fares be separated from student bus fares. Asked about the use of 30-day fares and the advantages. Mr. Burrus will provide breakout information to him. Mr. Burrus informed that we do not have too many student passes; we have a relationship with Midwestern State University and Vernon College; basically MSU students are basically riding free and Midwestern State University is subsidizing for them. 47 Item 11 b continued Councilor Smith: e) Thanked Aviation, Traffic &Transportation Director John Burrus and his staff for all the transportation improvements throughout the years. We look forward to the new airport. e) Prayers to and for Boston in their tragedy yesterday. f) Continued prayers for rain; it is working. Mayor Barham: a) Congratulated Daniel Nix for receiving the prestigious George Warren Fuller Award at the Texas 2013 Water Conference. His expertise and professionalism have been an asset to our City and thanked him for his dedication to his job; a well-deserved award. Item 12 City Council adjourned at 11:25 a.m. PASSED AND APPROVED this 7th day of May 2013. Qicet:22tf�6�G Barham, Mayor ATTEST: Lydia Ozuna, City Clerk City of Wichita Falls City Council Agenda Glenn Barham, Mayor !. 4= Dorothy Roberts-Burns, At Large Michael Smith, Mayor Pro Tern ~r Annetta Pope-Dotson, District 2 z •� �[� Brian Hooker, District 3 ?rjc Tim Ingle, District 4 r� T E X A S Mary Ward, District 5 z B/rr�Sk�es Gfo/den 0��o�7u�m��ie, `` - 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 16 , 2013 Beginning At 8:30 A.M. Item # Bill # 1. Call To Order 2. (a) Invocation: Dr. David Hartman First Christian Church (b) Pledge Of Allegiance 3. Presentations (a) Proclamation - National Telecommuter Week (b) Honorary Citizens of Wichita Falls — Recognition of Area Exchange Students (c) Falls Fest Presentation —Wichita Falls Junior League (d) Bike to School Day Poster Contest Winners 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 2, 2013 Regular Meeting Of The Mayor And City Council 6. Receive Minutes (a) Landmark Commission, February 26, 2013 (b) Wichita Falls Park Board Meeting, February 28, 2013 (c) Wichita Falls Traffic Safety Commission, March 6, 2013 REGULAR AGENDA 7. (a) Public Hearing For The Proposed Increase In Wichita Falls Transit System Fares 8. (a) Public Hearing Regarding An Amendment To Section 62-5 Of The Code Of Ordinances Of The City Of Wichita Falls To Designate The Perkins-Prothro House At 3301 Harrison Blvd. As A Wichita Falls Landmark (b) Ordinance Amending Section 62-5 Of The Code Of #57 Ordinances Of The City Of Wichita Falls To Designate The Perkins-Prothro House At 3301 Harrison Blvd. As A Wichita Falls Landmark And Providing For Codification 9. Ordinances (a) Ordinance Authorizing The City Manager And Mayor To #58 Execute All Documents Necessary To Accept Grant Funds Through The Texas Historical Commission In The Amount Of $21,000 To Update A Historic Preservation Survey And Plan For Wichita Falls, And Making Appropriations Into The Special Revenue Fund (b) Ordinance Making An Appropriation To The Special #59 Revenue Fund For Additional Grant Revenue From The State Of Texas For The Texas Department Of Transportation Selective Traffic Enforcement Program (Click It Or Ticket) Wave Grant FY 2013 For Traffic Enforcement And Authorizing The City Manager To Accept Same 10. Resolutions (a) Resolution Approving The Programs And Expenditures #60 Of The Wichita Falls 4B Sales Tax Corporation Board Of Directors To Include Funding Up To $300,000 For The Midwestern State University (MSU) Baseball Field Project And Funding Up To $60,000 For The River Bend Nature Center Upper Walking Path Project (b) Resolution Awarding Bids for Grazing Leases At Lake #61 Arrowhead For Three-Year Terms (c) Resolution Awarding Bids For Grazing Leases At Lake #62 Kickapoo For Three-Year Terms CITY COUNCIL AGENDA PAGE 2OF4 (d) Resolution Authorizing The Purchase Of 2 Automated #63 Side Load Sanitation Bodies Through The BuyBoard Purchasing Cooperative From Heil Of Texas In The Amount Of$179,708.00 (e) Resolution Awarding Bid For The Purchase Of One #64 64,000 GVW Cab & Chassis To Bruckner Truck Sales In The Amount Of$124,612.00 (f) Resolution Authorizing The Purchase Of LED Street #65 Light Fixtures From Leotek Electronics USA Corporation In The Amount Of $194,575.00, With An Option To Purchase Additional Units Over The Next Six Months Under The Same Terms And Conditions (g) Resolution Supporting The Appointment Of An Ad Hoc #66 Committee To Study And Make Recommendation To The City Council For Improvements To And Management Of Lake Wichita (h) Resolution Renaming Wichita Falls Municipal Airport To #67 Wichita Falls Regional Airport (i) Resolution Authorizing The City Manager To Execute A #68 Contractor Agreement With Greyhound Lines, Inc. In Conjunction With Intercity Bus Operations At The Wichita Falls Downtown Travel Center 11. Other Council Matters (a) Staff Council Discussion • May 11, 2013 Election Information • Long Term Water Reuse Feasibility Study Presentation (b) Discussion Of Items Of Concern To Members Of The City Council. 12. 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 7tn 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. CITY COUNCIL AGENDA PAGE 3OF4 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 4OF4