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Min 02/17/2015 CITY COUNCIL MINUTES February 17, 2015 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building February 17, 2015 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 Ben Hoover - Councilors Annetta Dotson - Michael Smith - Tim Ingle - Tom Quintero - Absent Brian Hooker - Absent Darron Leiker - City Manager Kinley Hegglund - City Attorney Tracy Norr - City Clerk - - - - - - - - Mayor Barham called the meeting to order at 8:30 a.m. - - - - - - - - Item 2a - Invocation Pastor Bob Rogers, First Assembly of God, gave the invocation. - - - - - - - - Item 2b - Pledge of Allegiance Mayor Barham led in the Pledge of Allegiance. - - - - - - - - Item 3a – Proclamation – Cold War History Awareness Days, Sheppard Air Force Base, Museum of North Texas History, and the Texas Historical Commission 8:32:46 AM Mayor Barham proclaimed February 27-28 2015 as Cold War History Awareness Days in Wichita Falls and urged everyone to support the project and acknowledge the benefits of the oral history project being done by the museum to document the cold war era. CITY COUNCIL MINUTES February 17, 2015 Page 2 William Clifton encouraged participation at the workshops on February 27 and 28 regarding the cold war. He said Texas played an important part in the cold war. He said the oral history is a great way to preserve memories. - - - - - - - - Item 4 - Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. 8:38:38 AM Josie Rose, 1525 Harding, spoke regarding properties at 407 and 411 Jalonick. She asked that she be allowed to keep the property at 407 Jalonick to use for storage. She said she is willing to make the outside look presentable. She does agree to the demolition of the property at 411 Jalonick. Mayor Barham said the council could not take action at this meeting but it could be put on the next agenda for action. Marion Stade, 4801 Greenbriar, said her road becomes a river when it rains. She noted that the storm drain water goes into the river, not the reservoir. She suggested piping the storm water into the water system. Mayor Barham said that has been discussed. Use of storm water is heavily regulated and it cannot be put into the sanitary sewer system. He noted the storm water fee is allocated to other projects, such as the drainage problem at McNeil. Mr. Leiker said he would meet with Mrs. Stade to discuss the concerns about collecting storm water. Mrs. Stade also discussed the age restrictions, noting her 18 -year-old son is restricted from running because the age requirement is 21 in Wichita Falls. It was noted that the age restriction is set by city charter and would require an election for amendment. - - - - - - - - Item 5 – 7d – Consent Items 8:46:41 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 Hoover and carried by the following vote: Ayes: Mayor Barham, Councilors Hoover, Dotson, Smith, and Ingle. Nays: None Item 5 - Approval of Minutes of the February 3, 2015 Regular Meeting of the Mayor and City Council Item 6a – Resolution #12-2015 RESOLUTION NO. 12-2015 Resolution Authorizing Award of Bid for the Purchase of One 5 -Cubic Yard Dump Truck to Wichita Falls Freightliner, in the Amount of $89,397.00 CITY COUNCIL MINUTES February 17, 2015 Page 3 Item 6b – Resolution #13-2015 RESOLUTION NO. 13-2015 Resolution Authorizing Award of Bid for the Purchase of a 33,000 GVW Cab & Chassis to Wichita Falls Freightliner, in the Amount of $73,397.00 Item 7a-d – Receive Minutes Minutes of the following boards an d commissions were received: (a) Planning and Zoning Commission, November 12, 2014 (b) Planning and Zoning Commission, December 1, 2014 (c) Planning and Zoning Commission, December 10, 2014 (d) 4A-Economic Development Corporation, December 11, 2014 - - - - - - - - Items 8(c), 9(c), 9(f), 9(e), and 9(d) were considered out of order. Item 8a – Ordinance #07-2015 9:06:54 AM ORDINANCE NO. 07-2015 Ordinance Waiving Section 6-4 of the Code of Ordinances to Permit the Possession and Consumption of Alcoholic Beverages during Events Sponsored by the Multi-Purpose Events Center (“MPEC”) and Held at the Memorial Auditorium Moved by Councilor Ingle that Ordinance No. 07-2015 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - Item 8b – Ordinance #08-2015 9:09:08 AM ORDINANCE NO. 08-2015 Ordinance Making an Appropriation to the Special Revenue Fund for the Community Partnerships for Healthy Mothers and Children Grant in the Amount of $97,588.47 Received from the National WIC Association and Authorizing the City Manager to Execute Contract Accepting Same Moved by Councilor Dotson that Ordinance No. 08-2015 be passed. Motion seconded by Councilor Hoover and carried by the following vote: CITY COUNCIL MINUTES February 17, 2015 Page 4 Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - Item 8c – Ordinance #09-2015 8:48:56 AM ORDINANCE NO. 09-2015 Ordinance Authorizing a General Election to be Held on May 9, 2015, for the Purpose of Electing Councilor At-Large, Councilor District 1, and Councilor District 2; Authorizing a Special Election to be Held on May 9, 2015 for a Proposition to Sell Surplus Park Property; Designating Election Precincts; and Appointing Election Officials Moved by Councilor Ingle that Ordinance No. 09-2015 be passed. Motion seconded by Councilor Dotson and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - Item 9a – Resolution #14-2015 10:46:50 AM RESOLUTION NO. 14-2015 Resolution Adopting a New Lake Arrowhead Lease for the Purpose of Incorporating All Previously Passed Resolutions and Ordinances Applicable to Lake Leases tha t Were Published in the Lake Rules Booklet and to Establish Continuity and Compliance with City Codes and Ordinances Moved by Councilor Dotson that Resolution No. 14-2015 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - Item 9b – Resolution #15-2015 10:50 AM RESOLUTION NO. 15-2015 Resolution Adopting a New Lake Kickapoo Lease for the Purpose of Incorporating All Previously Passed Resolutions and Ordinances Applicable to Lake Leases that Were CITY COUNCIL MINUTES February 17, 2015 Page 5 Published in the Lake Rules Booklet and to Establish Continuity and Compliance with City Codes and Ordinances Moved by Councilor Dotson that Resolution No. 15-2015 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - Item 9c – Resolution #16-2015 8:52:41 AM RESOLUTION NO. 16-2015 Resolution Authorizing the City Manager to Execute an Agreement with the Wichita Falls Independent School District and the City View Independent School District to Conduct a Joint Election on May 9, 2015 Moved by Councilor Ingle that Resolution No. 16-2015 be passed. Motion seconded by Councilor Dotson. Motion to change the salary of the alternate judge to $10.00 per hour was made by Mayor Barham and seconded Councilor Ingle. The amendment carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None The motion as amended carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - Item 9d – Resolution #17-2015 11:01AM RESOLUTION NO. 17-2015 Resolution Granting the City Manager Authority to Approve Negotiations for Property Acquisitions Up To $25,000 Over the Fair Market Value If It Is Deemed Appropriate Moved by Councilor Smith that Resolution No. 17-2015 be passed. Motion seconded by Councilor Dotson and carried by the following vote: CITY COUNCIL MINUTES February 17, 2015 Page 6 Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - Item 9e – Resolution #18-2015 9:01:25 AM RESOLUTION NO. 18-2015 Resolution Approving the Programs and Expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and Amending the Budget to Include Up To $928,800 for the Eagle Railcar Services Expansion Project Moved by Councilor Ingle that Resolution No. 18-2015 be passed. Motion seconded by Councilor Hoover. Mark Walraven, 1424 Indian Creek, Ft. Worth, thanked the council for considering this program. He said it has been successful and the rail industry is blossoming. The entire fleet of rail cars need significant upgrades at this time to be in compliance with new regulations. Motion carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - Item 9f – Resolution #19-2015 8:55:38 AM RESOLUTION NO. 19-2015 Resolution Approving the Programs and Expenditures of the Wichita Falls 4B Sales Tax Corporation Board of Directors and Amending the Budget to Include Funding Up To $158,125 for Engineering Study and Preparation of Corp of Engineers 404 Permit Application for Lake Wichita Moved by Councilor Ingle that Resolution No. 19-2015 be passed. Motion seconded by Councilor Smith. Steve Garner thanked the mayor and council for their support. He said this would move the project forward and is a big step in making Lake Wichita a recreational destination. He said the permit allows for a five to eight - year time frame with options for extension. Motion carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None CITY COUNCIL MINUTES February 17, 2015 Page 7 - - - - - - - - Item 9g – Resolution #20-2015 10:52 AM RESOLUTION NO. 20-2015 Resolution Accepting a Proposal from NUCO Controls, LLC for the Purchase and Installation of Power Factor Correction Equipment at Various City Facilities in the Amount of $123,464.18, and Making Budgetary Appropriations of $92,598 and $30,867 in the Water/Sewer and General Funds, Respectively Moved by Councilor Hoover that Resolution No. 20-2015 be passed. Motion seconded by Councilor Dotson. John Bridgeman said that we would be saving once the equipment is installed. Mr. Bridgeman said the life span of the equipment is 20 years. There is a five year warranty on parts and equipment. Beverly Ellis asked if there would be an replacement insurance policy that would help recover the cost of the equipment beyond the warranty. Jim Dockery responded that there would not. Ms. Ellis also asked about the equipment outside on the pole being we are in tornado alley. Mr. Dockery responded that the outside equipment would only be at the River Road facility and that is because of the higher voltage. The rest are all inside. The motion carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - Item 9h – Resolution #21-2015 11:03 AM RESOLUTION NO. 21-2015 Resolution Repealing Resolution 175-98, Adopted December 1, 1998, in Its Entirety and Substituting Therefor the Following Resolution Establishing Policies for Appointments to the City Boards, Commissions and Advisory Groups Moved by Councilor Smith that Resolution No. 21-2015 be passed. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Smith, and Hoover. Nays: None - - - - - - - - CITY COUNCIL MINUTES February 17, 2015 Page 8 Item 9i – Resolution #22-2015 11:05 AM RESOLUTION NO. 22-2015 Resolution Authorizing the Application for a Federal Bureau of Reclamation WaterSmart Grant for Tree Irrigation Moved by Councilor Hoover that Resolution No. 22-2015 be passed. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover. Nays: None - - - - - - - - Item 9j – Resolution #23-2015 11:09 AM RESOLUTION NO. 23-2015 Resolution Authorizing the City Manager to Execute an Agreement with SLA Architects, in an Amount Not to Exceed $60,000 for the Design and Construction Oversight of the Adoption Addition of the City of Wichita Falls Animal Services Center Moved by Councilor Smith that Resolution No. 23-2015 be passed. Motion seconded by Councilor Dotson. Motion by Councilor Smith to add $10,000 to the not-to-exceed cost making the total $70,000. Motion seconded by Councilor Ingle and carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Quintero, and Hoover. Nays: None The motion as amended carried by the following vote: Ayes: Mayor Barham, Councilors Dotson, Ingle, Hooker, Smith, Q uintero, and Hoover. Nays: None - - - - - - - - Item 10a – Staff Reports 11:13 AM Karen Gagne presented information regarding guidelines for historic district nominations. She said a request to change the current guidelines has come from West Brook Village CITY COUNCIL MINUTES February 17, 2015 Page 9 Neighborhood. Discussions for consideration as a district have been held. Conce rns were highlighted. She reviewed the historic district requirements in other cities, including opt -out options. She discussed recommendations for scenarios for West Brook Village. She said the city needs to accept the level of acceptance and commitme nt of property owners for the guidelines. Councilor Ingle asked if a house within the historical district has to be rebuilt if it burns down. He was told the there is an opt-out the design requirements would not apply. If it was in the district then the design requirements would apply. The procedure for opting out was reviewed. Mayor Barham said the public needs to speak up on the issue if they would like to see the guidelines changed. Mr. Leiker added this would not be put on the agenda for a change unless council gives that direction. - - - - - - - - Item 10b – Items of Concern to Members of the City Council 11:38 AM Members of the City Council presented the following matters: Councilor Dotson said there used to be a place on the back of the water bill where people could donate extra money to help others with their water bills. It is no longer there. Jim Dockery said he would follow up on that and get back to her. She asked Kevin Hugman about property owned by Mr. Nichols on Marconi Street where he wanted to put a trailer house on the lot and wants to put in a trailer. There are a couple lots the city owns adjacent to the lot. He wanted to know why he could not. Mr. Hugman said the city does not allow a trailer home on residential lots. Mr. Nichols should talk to the planning division about requirements. Councilor Ingle asked Chief Borrego about panhandlers in various locations with signs and what city’s options are in regulating/prohibiting this. Chief Borrego said small areas can be designated as “no loitering” but it cannot be general. He said permits for solicitation are required. Councilor Ingle thanked the staff for the work done for the planning session. Councilor Smith commented that the DPR project had contributed 1 billion gallons of water to the city’s water supply. He congratulated Russell Schreiber and Daniel Nix for the success of this project which has served as a model for other communities.. American Eagle has added a flight with a schedule change again in late March. He encouraged people to fly from the airport. He also recommended adopting a pet from Animal Services for those considering a pet to save an animal from being euthanized. He thanked Kevin Hugman for his service to the city. Councilor Hoover reminded people there are always discussions, development of projects, etc. on water utilitzation, conservation, etc. People are welcome to attend these meetings. He added his congratulations and thanks to Kevin Hugman. Mayor Barham introduced Larry Petrash who informed everyone of the Veterans Advisory Council’s upcoming meeting. A special speaker, Jim Cunningham (USAF Ret.), who is involved with several veterans associations will be at the meeting to present a legislative update. - - - - - - - - CITY COUNCIL MINUTES February 17, 2015 Page 10 Item 11 – Executive Session City Council went into Executive Session at 9:29 AM in accordance with Texas Government Code §551.072 and Government Code §551.087. City Council reconvened at 10:46 AM. Mayor Barham announced that no polls or votes were taken during Executive Session. - - - - - - - - Item 9 - Adjourn City Council adjourned at 11:52 AM. . PASSED AND APPROVED this 3rd day of March, 2015. __________________________________ Glenn Barham, Mayor ATTEST: ____________________________________ Tracy B. Norr, MMC, City Clerk