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Min 12/02/2014 CITY COUNCIL MINUTES December 2, 2014 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building December 2, 2014 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 Auditorium Building at 8:30 o’clock a.m., with the following members present. Glenn Barham - Mayor Tim Ingle - Councilors Ben Hoover - Annetta Dotson - Brian Hooker - Michael Smith - Tom Quintero - (absent) Darron Leiker - City Manager Kinley Hegglund - City Attorney Tracy Norr - City Clerk Mayor Barham called the meeting to order at 8:32:53 AM - - - - - - - - Item 2a - Invocation Assistant Pastor Robert Downing, Love Sanctuary Church of God in Christ, gave the invocation. - - - - - - - - Item 2b - Pledge of Allegiance Mayor Barham led the Pledge of Allegiance. - - - - - - - - Item 3a – Proclamation – Giving Tuesday, Local Nonprofit Organizations 8:35:59 AM Mayor Barham read a proclamation establishing December 2, 2014 as Giving Tuesday in Wichita Falls. He urged citizens to help improve the community by giving back while celebrating the American tradition of generosity. - - - - - - - - CITY COUNCIL MINUTES December 2, 2014 Page 2 Item 3b -Employee of the Month 8:38:20 AM Kevin Hugman recognized Pam Burch, executive secretary in the city manager’s office, as the Employee of the Month. Mayor Barham presented a plaque, a letter of appreciation, restaurant tickets, and a check to Ms. Burch and thanked her for her service. - - - - - - - - Item 4- Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 8:46:41 AM David Brock, 320 Hilltop, spoke about police officers who don’t know the law or don’t follow it. He told of his personal experiences with the police. He complained about a tenant who is not following the law and the failure of police to respond to his calls. He said someone has shot his donkey and cat. Mayor Barham said the Police Chief will look into the situation and report back to the council. Chief Borrego said the only complaint he got was about the shooting of the donkey. The other items were civil matters. - - - - - - - - Item 5 – 7b– Consent Items 8:49:01 AM City Manager Darron Leiker 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 following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Hooker, Smith, and Ingle. Nays: None Item 5 - Approval of Minutes of the November 18, 2014 Regular Meeting of the Mayor and City Council Item 6a – Resolution No. 131-2014 Resolution No. 131-2014 Resolution Authorizing the Purchase of 2,430 Roll-Out Refuse Carts through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program from Schaefer Systems International, Inc., in the Amount of $135,297.50 CITY COUNCIL MINUTES December 2, 2014 Page 3 Item 6b – Resolution No. 132-2014 Resolution No. 132-2014 Resolution Awarding Professional Services Agreement to Biggs and Mathews Environmental, Inc. for Engineering Services for the City of Wichita Falls Landfill in the Amount of $78,000.00 Item 6c – Resolution No. 132-2014 Resolution No. 133-2014 Resolution Awarding Bid and Contract for the 2015 Sanitation Parking Lot Rehabilitation Project, Phase 4 to Freeman Paving, L.L.C. in the Amount of $96,778.50 Item 7a-b –Receive Minutes Minutes of the following boards and commissions were received: (a) Zoning Board of Adjustment, February 19, 2014 (b) Traffic Safety Commission, October 1, 2014 - - - - - - - - Item 8a –Ordinance No. 58-2014 8:50:17 AM ORDINANCE NO. 58-2014 Ordinance Amending Section 106-186 of the Code of Ordinances of the City of Wichita Falls to Establish Modified Water Conservation Drought Contingency Rules and Providing for Codification Moved by Councilor Ingle that Ordinance No. 58-2014 be passed. Motion seconded by Councilor Dotson. Russell Schreiber, Public Works Director, said the staff recommendation is against making the proposed change because at some point car washing becomes a discretionary use of drinking water during the drought. He said he does not think the lakes will go down to 20 percent, but feels the limitation is in order for the hot summer months if the lakes reach the 20 percent. City Manager Darron Leiker added a meeting of the Water Resource Commission was held with the car wash owners/association and the 20% limit was established then. The car wash owner at the meeting agreed to the limit. Councilor Dotson asked if the council liaison was present at that meeting. Councilor Ingle said he was the liaison but was not in attendance at that meeting. Councilor Ingle added that things have changed since that meeting. He said we are in a different situation and he feels the restriction on car washes should be removed. CITY COUNCIL MINUTES December 2, 2014 Page 4 Councilor Hoover said he feels that Stage 5 was determined and some changes were made along the way. He said it is imperative to continue to look at the situation and consider changes. He agrees there has been a paradigm shift and feel s that the ordinance currently is not equitable for the car wash industry. He noted the 4A Economic Development funds are helping other large water users with water reuse projects. Mike Stolt, 5114 Crown Ridge Drive, said his family owns Stadium Car Wash. He spoke representing himself and five other family-owned car washes. He noted All American car wash has done a lot for the city during the drought but they are a different market. He wanted to make sure the restriction is for all car washes, not only All American. He said 28.5 % of their business has been taken by the government’s requirement to close two days each week. He expressed security concerns about closing at midnight on Saturdays. He said his business is being deemed as less essential than a strip club, and noted that the use of water is less than the top 100 business users. He said it is a matter of perception because the water use is visible, not behind closed doors like laundries, bars, hotels, and restaurants. Most drought plans do not restrict car washes. Closing car washes two days each week is not effective. He feels the decision to restrict car washes was based on emotions. He said if the decision had been made following a cost benefit analysis or on principles, it would not have been done . He said he would close his business if the restriction is not lifted. He listed the other Wichita Falls businesses he patronizes for his business and noted the employees spend money in the city also. David Brock, 320 Hilltop, said he used to own a coin -operated car wash but closed it due to the vandalism and break-ins that happened when it was closed. The cost to take care of the closed businesses will be too much. Jim Cadotte, All American Car Wash, said in the February 2014 meeting held with the car wash owners, the 20 percent cut off was not provided by the car washes. It was suggested by the Water Resources Commission. It was accepted because they had to in order to stay open. All American Car Wash has spent $60,000 to set up tanks, and the cost of hauling w ater exceeds profit. He said alternate side s of his business, which includes a lube center and a custom shop, have been developed in order to stay in business. He said he does not know what the future holds. Andy Coker, 3 Olive Branch Court, said he has been a customer of All American Car Wash. They have spent a lot of money to conserve water. He said he likes to protect his investment in his vehicle by keeping it clean. It is not fair to isolate one type of business by cutting off their supply. The government role should be to help them. He asked the council to lift the restriction from the car washes. Vanda Cullar, 4107 York, said the community needs to be commended for their response in conserving water. She said inaccurate perception should be changed. The public should know the fact of water consumption by the car wash industry. She said restricting water to the car washes would make national news and would have a negative impact on the city. The amount being saved does not justify the negat ive impact of closing the businesses. She said the ripple effect of closing the car washes or asking them to use non -potable water is far reaching in the economy. Chuck Bradley said he has a car wash at Avenue M and Kemp. He said he would not be able to make a living if he continued. He said it would cost about $3,000 per month to close , but alternative water sources would also be expensive. He would have to work seven days a week to break even. He said he attended the Water Resources Commission mee ting and his CITY COUNCIL MINUTES December 2, 2014 Page 5 point of view was that the car wash owners would agree to close two days but did not agree with the 20%. They were told it would be closed at 20 percent. He noted daily use has gone down. - - - - - - - - City Council went into Executive Session at 9:45 a.m. in accordance with Texas Government Code §551.071. The meeting reconvened at 10:47:35 AM. Mayor Barham announced that no polls or votes were taken during Executive Session. - - - - - - - - Bobby Shaft, #4 Champions, said his job is to sell the city. Perception means a lot and we have gained so much ground with the perception of the reuse water plant. It seems counterproductive to shut down small businesses. Councilor Smith said it has been a long and difficult process because of the drought. The council has done many things to mitigate the effects of the dro ught and look to the future. Many different groups and industries have been restricted from the use of potable water. He said he is empathetic to the plight of the car wash industry, they are not the only ones affected by water restrictions. The motion carried by the following vote: Ayes: Councilors Dotson, Ingle, Hooker, and Hoover. Nays: Mayor Barham, Councilor Smith - - - - - - - - Item 8b – Ordinance No. 57-2014 10:58:40 AM ORDINANCE NO. 57-2014 Ordinance Authorizing the Issuance and Sale of Combination Tax and Revenue Certificates of Obligation, Series 2014; Levying an Annual Ad Valorem Tax and Providing for the Security for and Payment of Such Certificates; Declaring an Emergency; Declaring an Effective Date; and Authorizing and Enacting Other Matters and Provisions Relating to the Subject Moved by Councilor Dotson that Ordinance No. 57-2014 be passed. Motion seconded by Councilor Ingle. Murphy Davis reviewed the terms of the financing of the Certificates of Obligation. He said the project is very positive for the city. He said the savings for the city are about $7 -8 million. The net interest rate is 1.82% for 30 years. The city’s high AA rating helps the current as well as future residents. Councilor Dotson clarified that there is no water rate or tax rate increase for this project. The motion carried by the f ollowing vote: CITY COUNCIL MINUTES December 2, 2014 Page 6 Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, and Hoover. Nays: None - - - - - - - - Item 8c – Ordinance No. 59-2014 11:08:09 AM ORDINANCE NO. 59-2014 Ordinance Transferring $319,864 from the Water/Sewer Fund to the Debt Service Interest and Sinking Fund for the First Annual Debt Service Payment of the Combination Tax and Revenue Certificates of Obligation, Series 2015 to Comply with the Guidelines of the Texas Water Development Board Moved by Councilor Hooker that Ordinance No. 59-2014 be passed. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, and Hoover. Nays: None - - - - - - - - Item 9a – Resolution #134-2014 11:10:02 AM RESOLUTION NO. 134-2014 Resolution Approving the Execution and Delivery of a Loan Agreement with Loan Forgiveness with the Texas Water Development Board; and Resolving Other Matters Relating to the Subject Moved by Councilor Hooker that Resolution No. 134-2014 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, and Hoover. Nays: None - - - - - - - - Item 9b – Resolution #135-2014 11:11:47 AM RESOLUTION NO. 135-2014 Resolution Confirming Appointment to the Firefighters’ and Police Officers’ Civil Service Commission Moved by Councilor Ingle that Resolution No. 135-2014 be passed. CITY COUNCIL MINUTES December 2, 2014 Page 7 Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, and Hoover. Nays: None - - - - - - - - Item 9c – Resolution #136-2014 11:13:31 AM RESOLUTION NO. 136-2014 Resolution Authorizing the Purchase of Various-Sized Toro Mowers through the BuyBoard Cooperative Purchasing Program from Professional Turf Products, L.P. in the Amount of $128,904.99 Moved by Councilor Dotson that Resolution No. 136-2014 be passed. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, and Hoover. Nays: None - - - - - - - - Item 9d – Resolution #137-2014 11:15:43 AM RESOLUTION NO. 137-2014 Resolution Authorizing Award of Bid for the Purchase of Four (4) 60” Toro Mowers from the Low-Bidder, Longhorn, Inc., in the Amount of $48,292.00; or to the Local Bidder, Berend Turf and Tractor, in the Amount of $50,260.00 Moved by Councilor Smith that Re solution No. 137-2014 be passed. Motion seconded by Councilor Hooker. Jay Berend asked that the council consider awarding the bid to the local dealer , noting the economic benefits to the city. A motion to amend the resolution to award the bid to Berend Turf and Tractor was made by Councilor Hooker. Amendment seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, and Hoover. Nays: None Motion as amended carried by the following vote: CITY COUNCIL MINUTES December 2, 2014 Page 8 Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, and Hoover. Nays: None - - - - - - - - Item 9e – Resolution #138-2014 11:19:13 AM RESOLUTION NO. 138-2014 Resolution Authorizing the Purchase of Nine In-Car Video Systems and Six Cyclevision Motorcycle Video Systems from L3 Communication Mobile-Vision, Inc., in the Amount of $70,800.00 Moved by Councilor Ingle that Resolution No. 138-2014 be passed. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, and Hoover. Nays: None - - - - - - - - Item 11 – Executive Session City Council went into Executive Session at 11:23 a.m. in accordance with Texas Government Code §551.074. City Council reconvened at 12:06:10 PM Mayor Barham announced that no polls or votes were taken during Executive Session. - - - - - - - - Item 10a – Staff Council Discussion 12:06:31 PM John Burrus gave an update on the new regional airport terminal. He noted there would be a public open house on December 6. The city takes ownership of the building on December 8. The museum display will be completed at that time. Opening is scheduled for December 17. There are plans in place to do some remediation at the old terminal and it will be taken down in January. There will be additional parking where the old terminal is located. Mr. Burrus also announced there is a food and beverage concessionaire interested in locating in the new terminal building. A change for parking rates is being considered due to the museum and restaurant. Discussions are being held about repairs to the entrance road. - - - - - - - - Item 10b – Discussion of Items of Concern to Members of the City Council The following items of concern from members of the City Council were presented: CITY COUNCIL MINUTES December 2, 2014 Page 9 Councilor Smith said he continues to hear concerns about signal lights throughout the city, particularly crossing Kemp. He asked if we could research available funding options for an in-depth study of improving the signal system. He also noted that Kickapoo Airport has an economic value for the city of almost $5 million annually. He also would like to see more discussion about mowing the trustee lots. He said water conservation has been discussed, and he would like to see more meetings of the Water Resource Commission to discuss water use at apartments and the prison. He added the long process for the neighborhood assessment map for code enforcement shows the condition of housing throughout the city. It is a good tool to allow the Code Enforcement to be more proactive. He would like an update on these maps during the council’s strategic planning sessions. - - - - - - - - Item 12 – Appointment to the following Boards and Commissions  Airport Board of Adjustment Moved by Councilor Ingle to appoint Samuel Amerine to position #1, reappoint Chad Hughes to position #2, and reappoint Amy Bobrowitz to position #3 on the Airport Board of Adjustement, with all terms to expire on December 31, 2016. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Animal Shelter Advisory Committee Moved by Councilor Smith to reappoint Dr. Bryan Wade to position #2 for a term to expire December 31, 2016 , reappoint Katrina Mitchell to position # 3 for a term to expire on December 31, 2015, and to reappoint Jan Herzog to position #5 with a term to expire on December 31, 2016. Motion seconded by Councilor Hoover and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Aviation Advisory Board Moved by Councilor Ingle to reappoint Hank Anderson to position #2, to appoint James L. Jackson to position #1, and to appo int Stephen Anderson to position #3, with all terms to expire December 31, 2017. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None CITY COUNCIL MINUTES December 2, 2014 Page 10  Construction Board of Adjustment Moved by Councilor Ingle to reappoint Carrie Ann Taylor to position #2 and Clay Wages to position #5 Wages, with terms to expire December 31, 2015, and to reappoint Cayce Wendeborn to position #1, Leo Lane to position #6, Eddie Holcom b to position #8, Jeff Browning to position #10, and Danny Shine to position #11 for terms expire December 31, 2017. Motion seconded by Councilor Hoover and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Emergency Medical Services Advisory Board No action taken.  Lake Wichita Revitalization Committee Moved by Councilor Ingle to reappoint current members on the Board to terms to expire July 31, 2016. Motion seconded by Councilor Hooker Moved by Mayor Barham to appoint Colby Huffman in alternate position #1 and Donna Rust to alternate position #2. Motion seconded by Councilor Smith . Both motions carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  MPEC Advisory Board Moved by Councilor Ingle to reappoint Rick Hatcher to position #4 and to appoint Andy Lee to position #5 with both terms to expire December 31, 2016. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Park Board Moved by Mayor Barham to reappoint John Fritzsch to position #1 and Steve Garner to position #8 and to appoint Jim Potts to position #3, with all terms to expire December 31, 2017. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. CITY COUNCIL MINUTES December 2, 2014 Page 11 Nays: None  Planning and Zoning Commission Moved by Councilor Hoover to reappoint Jeff Browning to position #1 and Johnny Coombs to position #6 , to move Anthony Inman to position #4 from alternate, to appoint Shannon Rutledge-Hopkins to position #8, and to appoint Toni Cowardin as alternate #1. The terms for all would expire December 31, 2016. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Tax Increment Financing (TIF) District #2 Moved by Councilor Smith to re appoint Ben Filer to a term with a term to expire December 31, 2016. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Tax Increment Financing (TIF) District #3 Moved by Councilor Ingle to reappoint Gail Natale and Kenneth Haney to terms on the Board with both terms to expire December 31, 2016. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Traffic Safety Commission Moved by Councilor Ingle to reappoint Andy Kocher to position #11 and Carrie Ann Taylor to position #13 and to appoint Brad Altman to position #18 with all terms to expire December 31, 2016. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Veteran’s Advisory Council No action taken.  Water Resources Commission CITY COUNCIL MINUTES December 2, 2014 Page 12 Moved by Councilor Smith to reappoint Steve Smith to position #2, Michael Smith to position #3, and Kerry Maroney Sr. to position #6, with all terms to expire December 31, 2016. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Wichita County-City of Wichita Falls Health District Board Moved by Councilor Ingle to appoint Diane Stewart to a term to expire December 31, 2016. Mo tion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Zoning Board of Adjustments Moved by Councilor Ingle to appoint David Lane to position #2 with a term to expire December 31, 2016, Steve Lane to position #4 with a term to expire 2015, Larry Ash to position #5 with a term to expire December 31, 2015, Warren Gardner to position #6 (alternate 1) with a term to expire December 31, 2016, Dave Waddell to position #7 (alternate 2) with a term to expire December 31, 2016, Casey O’Donnell to position #8 (alternate 3) with a term to expire December 31, 2016, and reappoint Tyson Traw to position #9 (alternate 4) with a term to expire December 31, 2016. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Library Board Moved by Councilor Dotson to appoint Carolyn Watt to position #5 to a term to expire December 31, 2017 and to appoint James Ball to position #7 with a term to expire December 31, 2015. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Smith, Dotson, Hoover, Ingle, and Hooker. Nays: None  Housing Authority Board Mayor Barham said he would make a mayoral appointment at a later date. - - - - - - - - CITY COUNCIL MINUTES December 2, 2014 Page 13 Item 13 - Adjourn City Council adjourned at 12:45 p.m. PASSED AND APPROVED this 16th day of December, 2014. ___________________________________ Glenn Barham, Mayor ATTEST: ____________________________________ Tracy B. Norr, MMC, City Clerk