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Min 07/19/2016 CITY COUNCIL MINUTES July 19, 2016 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building July 19, 2016 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 Multi-Purpose Event Center at 8:30 o’clock a.m., with the following members present. Glenn Barham - Mayor DeAndra Chenault - Councilors Michael Smith - Tim Ingle - Stephen Santellana - Tom Quintero - Brian Hooker - 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 Councilor Smith gave the invocation. - - - - - - - - Item 2b - Pledge of Allegiance Mayor Barham led in the Pledge of Allegiance. - - - - - - - - Item 3 – Presentation – Vietnam War Memorial Sculpture Project, Daughters of the American Revolution Kimberly Florsheim, 4508 Hollow Ridge Drive, spoke representing the Daughters of the American Revolution. She said a monument honoring those who served in the Vietnam War has been commissioned. The cost will be raised through fundraisers and donations. She asked the council to allow the monument to be placed on the lawn of Memorial Auditorium along side the other monuments which are there. The sculptor, Garland Weeks, was introduced by Shirley CITY COUNCIL MINUTES July 19, 2016 Page 2 King. Mr. Weeks presented the maquette of the sculpture. He said a soldier and a nurse are represented in the artwork. Mayor Barham said he is in favor of the project. - - - - - - - - Item 4 - Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. Jimmy York, 205 South Scott Avenue, spoke against the smoking ordinance. He said since the last meeting he had checked out other bars and those bars aren’t filled either. He requested understanding that people should have the choice of how to live and how to die and bar owners should be able to make the decision about smoking in their establishment. Laura Albright, 105 East Scott, did not speak. She signed up to speak on smoking in bars. Amanda Bolding, 4612 Cascades, said she did not know how to get something on the agenda, so she feels that speaking at each meeting will help get action on this item. She does not want to leave her job as a bartender and would like to see a compromise on the smoking ordinance. She said this impacts her family. Mayor Barham explained the agenda process. He also discussed the option of a petition referendum vote. Tiffanni Coates, 8 Chestnut Circle, said she is a bartender and that is how she feeds her children. She said she cannot pay her bills on the current wages and tips she makes and will have to go on government assistance. She said the outside smoking expands the risk of second hand smoke exposure. Bartenders chose their job knowing the risks of smoke. Rona Jo Esparza, 1409 Old Iowa Park Road, said the bar she works at has been there 13 years, and she doesn’t know if they will make it until a May election. People are not coming there. She said there are two sides of the town. The people on Scott Street are a dying breed of people and they smoke. She said they stay on their side of town and don’t bother anyone. Jan Birge, 1516 Roanoke, said the business at their bar has dropped by about 90%. She makes no tips and gets paid very little. This smoking ban really hurts them. Johnna Hoff, 1516 Roanoke, did not speak. She signed up to speak on smoking in bars. Jeff LaMel, 504 Kemp Boulevard #227, spoke representing the American Legion Post #202. He said the American Legion is a private non-profit organization for veterans. Their members are not coming anymore because they must sit outside to smoke. The organization supports the community but will not be able to continue that support without their patrons. There is no place for these veterans to go. Keith Williamson, 1 Charing Court, said he understands the challenges to the smoking ordinance. He was at the meetings in developing the ordinance and at the meetings with the stakeholders. He said the smoking ban is for the public good and benefits the public health. He said the ordinance was passed with the proprietors agreeing to the ordinance as it was adopted. He noted that tobacco is very addictive and any crack in the ordinance will allow tobacco to find their way back into the culture. CITY COUNCIL MINUTES July 19, 2016 Page 3 Tracey Denson, 2013 Berkeley, spoke about the proposed closing of Weeks Park Tennis Center. He said if the tennis center is closed, there will not be capacity or revenue. The city will not be able to hold the tournaments if we lose the tennis pro, and that will have an economic impact in the community. He said they have ideas of ways to reduce costs and keep the tennis center open. Darron Leiker said the proposal does not close Weeks Park Tennis Center. It will consolidate some of the operations because the tennis centers are heavily subsidized. The lighting and court maintenance will be continued. The tennis pro is not losing his position due to this proposal. Mr. Denson said long-term the consolidation may be best, but not at this time. Mayor Barham said this is a budget proposal and no action has been taken at this time. He said he appreciates the input. Greg Wright, 2405 Clayton Lane, said an option to closing the Weeks Park Tennis Center may be to adjust hours of operation. He said he is concerned about the renewal of the contract with the tennis pro. He noted the programs at each center are different and the courts are being used in the evenings. He said he has information on the economic impact of the tennis association tournaments. Jill West, 1900 Barna, expressed concern about the out of town panhandlers who come into the city. She spoke particularly about the New Life Church of North Texas solicitors who were in town in 2015. She said they are taking money from the citizens of Wichita Falls. She asked the council to adopt a no-tolerance policy on panhandling. There were no other comments given. - - - - - - - - Item 5 – 6 - Consent Items 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 Quintero, Smith, Ingle, Santellana, Hooker, and Chenault. Nays: None Item 5 - Approval of Minutes of the July 5, 2016 Regular Meeting Item 6 - Receive Minutes Minutes of the following boards and commissions were received: (a) Landmark Commission, May 24, 2016 - - - - - - - - CITY COUNCIL MINUTES July 19, 2016 Page 4 Item 7 – Public Hearing to Receive Citizen Comments Concerning the Proposed 2016 Annual Action Plan to Allocate FY 2016 Community Development Block Grant (CDBG) Funds in the Amount of $1,115,824, FY 2016 HOME Investment Partnership Program (HOME) Funds in the Amount of $267,205, and Re-Allocate $120,000 in FY 2014 CDBG Funds Mayor Barham opened the public hearing at 9:54 a.m. Jim Dockery explained that there are two grant programs administered by the city. We have received the allocations for the upcoming fiscal year and have met with the outside agencies and city departments who request funds for those programs. He noted both grant funds are slightly higher this year. He recommended the CDBG funds be allocated as follows: Child Care Incorporated - $117,161, Sr. Citizen Services/Meals on Wheels - $50,212, Christmas in Action - $75,000, City Code Enforcement for demolition and clearance activities - $219,600, City Code Enforcement for administration - $60,000, City Public Works Department for replacement of failing water lines - $144,900, City Public Works Department for concrete training crew for work on handicap ramps - $110,000, City Health Department kitchen renovation - $68,069, City Minor Repairs Program for low-income home owners - $90,000, City Emergency Repair Program for low-income home owners - $40,000. City Grant Administration - $223,164, and CDBG Program Delivery Costs - $30,000. Mr. Dockery noted that the home program funds go for first time low and moderate home buyers. Cassie Ahern, 1425 Hiawatha, Burkburnett, said Christmas in Action rehabilitates homes for disabled and elderly homeowners. Last year they did 66 homes with volunteers and showed a $238,860 economic impact. This year there are 126 projects, but only 18 have been completed. She introduced Bailey Rich, who will replace her as director of Christmas in Action. Ms. Rich said she is very excited for the opportunity to serve people. Shirley Bradberry, 1000 Burnett, spoke as director of Meals on Wheels. She thanked t he city for the help that has been given. She said they touch 800-900 people each day through volunteer efforts. Jim Heiman, 1805 Clubview Street, spoke on behalf of Child Care Incorporated. They care for up to 190 children each day and work with Child Protective Service for emergency situations. He said the funds help the working parents as well as the children. No other comments were given and the public hearing was closed at 10:11. - - - - - - - - CITY COUNCIL MINUTES July 19, 2016 Page 5 Item 8 – Public Hearing to Determine if Certain Buildings and/or Structures Are to be Considered Dangerous Mayor Barham opened the public hearing at 10:11. Bobby Teague said there are eight structures that need to be demolished. He said there is allowance for a restoration permit if requested by the property owner. Rita Miller reviewed the following properties: 1. 1301 30th Street 2. 1513 31st Street 3. 2141 Avenue D, main and accessory structure 4. 1517 Elizabeth Avenue, main structure 5. 411 Farris Street, 6. 3501 Garfield Street, accessory structure only 7. 3146 Jacqueline Road 8. 609 Marconi Street Councilor Smith noted there seems to be a large number of fires with these structures. He asked if there are arson cases. Fire Chief Jon Reese said most were accidental fires but there are some with open arson cases. Councilor Quintero asked if we ever demolish structures with current taxes and was told yes. No other comments were given and the public hearing was closed at 10:19. - - - - - - - - Item 9a – Ordinance #17-2016 ORDINANCE NO. 17-2016 Ordinance Finding Certain Buildings and/or Structures to be Dangerous; Requiring Property Owners to Demolish Said Buildings and/or Structures within Thirty (30) Days of the Date of This Ordinance and Declaring an Emergency and Immediate Effective Date Moved by Councilor Ingle that Ordinance No. 17-2016 be passed. Motion seconded by Councilor Santellana and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - CITY COUNCIL MINUTES July 19, 2016 Page 6 Item 9b – Ordinance #18-2016 ORDINANCE NO. 18-2016 Ordinance Authorizing and Granting a 150 Square Foot Utility Easement and Right of Way to Oncor Electric Delivery Company, LLC, Located at 4101 Burkburnett Road for the Purpose of Placing a Down Guy and Anchor As Needed to Support Oncor's Facilities That Will Become Permanent As They Remove the Rest of the Facilities That Will Need to be Removed along 4021, 4027, 4029, 4031, 4039, and 4101 Burkburnett Road as Part of the SAFB Perimeter Security and Transportation Project and Adjacent to the SAFB Entrance Moved by Councilor Ingle that Ordinance No. 18-2016 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - Item 9c – Ordinance #19-2016 ORDINANCE NO. 19-2016 Ordinance Authorizing the Fire Chief to Accept Funds from the Assistance to Firefighters Grant (AFG), Department of Homeland Security (FEMA), in the Amount of $890,525.00 and Making an Appropriation in the Amount of $53,106 from the General Fund to Fund the Local Matching Requirement Moved by Councilor Ingle that Ordinance No. 19-2016 be passed. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - Item 9d – Ordinance #20-2016 ORDINANCE NO. 20-2016 Ordinance Accepting Funds in the Amount of $42,145.85 Received from the FY 2016 Emergency Management Performance Grant (EMPG) and Authorizing the City Manager to Execute Contracts and Other Documents Related Thereto Moved by Councilor Ingle that Ordinance No. 20-2016 be passed. CITY COUNCIL MINUTES July 19, 2016 Page 7 Motion seconded by Councilor Santellana and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - Item 9e – Ordinance #21-2016 ORDINANCE NO. 21-2016 Ordinance Amending Chapter 26, Business Regulations, at Article III, Solicitors, to Add Aggressive Solicitor Regulations Moved by Councilor Ingle that Ordinance No. 21-2016 be passed. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - Item 9f – Ordinance #22-2016 ORDINANCE NO. 22-2016 Ordinance Amending Fee Ordinance No. 43-2015, Adopted September 15, 2015, to Provide for a Solicitor’s Permit Renewal Fee Moved by Councilor Ingle that Ordinance No. 22-2016 be passed. Motion seconded by Councilor Smith. Motion by Councilor Quintero to amend the ordinance to set the renewal fee to $100. The amendment was seconded by Councilor Ingle. Amendment carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None Amended motion carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - CITY COUNCIL MINUTES July 19, 2016 Page 8 Item 9g – Ordinance #23-2016 ORDINANCE NO. 23-2016 Ordinance Amending Section 14-10 of the Code of Ordinances to Allow for Waiver of Adoption Fees and Establishing a Pets for Vets Program; Providing for Codification Moved by Councilor Ingle that Ordinance No. 23-2016 be passed. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - Item 10a – Resolution #74-2016 RESOLUTION NO. 74-2016 Resolution Authorizing the City Manager to Execute an Engineering Service Agreement with GTO Engineering Services LLC for the Investigation of Structural Distress to Memorial Auditorium, in the Amount of $63,950.00 Moved by Councilor Hooker that Resolution No. 74-2016 be passed. Motion seconded by Councilor Quintero and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - Item 10b – Resolution #75-2016 RESOLUTION NO. 75-2016 Resolution Appointing Jimmie Lee to the Nortex Housing Finance Corporation Board of Directors Moved by Councilor Ingle that Resolution No. 75-2016 be passed. Motion seconded by Councilor Quintero and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - CITY COUNCIL MINUTES July 19, 2016 Page 9 Item 10c – Resolution #76-2016 RESOLUTION NO. 76-2016 Resolution Authorizing Award of Bid for the City’s Estimated Annual Supply of Unleaded Gasoline and Diesel Fuel to BMH Oil Company Moved by Councilor Hooker that Resolution No. 76-2016 be passed. Motion seconded by Councilor Santellana and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, Hooker, and Santellana Nays: None - - - - - - - - Item 12 – Executive Session City Council went into Executive Session at 10:58 a.m. in accordance with Texas Government Code §551.071, §551.072, §551.074, and §551.087. City Council reconvened at 1:46 p.m. Mayor Barham announced that no polls or votes were taken during Executive Session. Councilor Hooker left the meeting following the executive session. - - - - - - - - Item 13 – Reappointments/Appointments 4A Economic Development Corporation Moved by Councilor Ingle to reappoint Darron Leiker to Place 2 on the 4A Economic Development Board, term to expire July 31, 2019. Motion seconded by Councilor Quintero and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, and Santellana Nays: None 4B Sales Tax Corporation, terms to expire July 31, 2018. Mayor Barham stated he would abstain from action on this item. Moved by Councilor Ingle to appoint Glenn Barham to Place 3 of the 4B Sales Tax Corporation, term to expire July 31, 2018. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Councilors Quintero, Chenault, Ingle, Smith, and Santellana Nays: None CITY COUNCIL MINUTES July 19, 2016 Page 10 Helen Farabee MHMR Board Moved by Councilor Ingle to appoint Robert Clement to a term on the Helen Farabee MHMR Board of Directors term to expire August 31, 2018. Motion seconded by Councilor Quintero and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, and Santellana Nays: None Planning and Zoning Commission Moved by Councilor Ingle to move Jack Brown from Place 11 (Alternate) to a regular term (Place 3) on the Planning Commission, term to expire December 31, 2017, and to appoint Steve Lane to Place 11, term to expire December 31, 2017. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, and Santellana Nays: None Traffic Safety Commission Moved by Councilor Ingle to appoint Jason Kennedy to Place 16 on the Traffic Safety Commission, term to expire December 31, 2018. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, and Santellana Nays: None Veterans Advisory Council Moved by Councilor Ingle to make the following appointments to the Veterans Advisory Council: Mandy Patlan (Place 2), Jaime Toogood (Place 4), Kenny Reynolds (Place 7), and Virginia Arellano (Place 9), all terms to expire December 31, 2020. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Quintero, Chenault, Ingle, Smith, and Santellana Nays: None - - - - - - - - ***THESE ITEMS WERE HEARD OUT OF ORDER*** Item 11a - Staff Reports Darron Leiker asked the council for feedback on the budget presentation that had been made at the last meeting. He reminded the council that they will receive his budget CITY COUNCIL MINUTES July 19, 2016 Page 11 recommendations during he first part of August. The first budget hearing will be held at the second August council meeting. Councilor Ingle asked for more clarification on the Weeks Tennis Center proposal. He also asked for more information on the fire inspection fees. Councilor Santellana asked about raising fees or cutting staff numbers for the day camps rather than cutting the program. He also asked about the public relations aspect if a fire inspection fee is added. Councilor Smith said he is opposed to closing Lucy Park swimming pool. He would like to see further review of the tennis programs. He said he felt reduced mowing on the highway could be an alternate. Mr. Leiker said the city is going out for bids for this. Councilor Smith said he was not comfortable with the proposal to partner with Vernon College for fire training. He added concerns with fire inspection fees for educational facilities. He expressed concern about customer service reps and law enforcement officials not covering the airport. He also suggested not cutting all the library pages. Mayor Barham said he doesn’t think a 10-minute response time for law enforcement calls to the airport is possible. John Burrus said there are concerns and his staff is looking at other options to cutting the officers, including additional TSA funding. - - - - - - - - Item 11b – Items of Concern to Members of the City Council Members of the City Council presented the following matters: Councilor Quintero said his heart goes out to the people of Dallas and Baton Rouge due to the recent shootings. Mayor Barham said both he and Chief Borrego had made press comments about being able to speak civilly to others in the community. He said there is a program called Coffee with a Cop sponsored by McDonalds. The local McDonalds’ are interested in participating with the program. Chief Borrego said he hopes to be able to participate as soon as the current academy is completed. Darron Leiker said the Citizens Police Academy is also a great resource. - - - - - - - - Item 14 – Adjourn City Council adjourned at 2:13 p.m. PASSED AND APPROVED this 2nd day of August, 2016. __________________________________ Glenn Barham, Mayor CITY COUNCIL MINUTES July 19, 2016 Page 12 ATTEST: ____________________________________ Tracy B. Norr, TRMC/MMC, City Clerk