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Min 08/02/2016 CITY COUNCIL MINUTES August 2, 2016 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Multi-Purpose Event Center August 2, 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 Room 10 of the Multi-Purpose Event Center at 8:30 o’clock a.m., with the following members present. Glenn Barham - Mayor DeAndra Chenault - Councilors Tim Ingle - Stephen Santellana - Tom Quintero - Michael Smith - 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 Linda Marcum, Beverly Drive United Methodist Church, gave the invocation. - - - - - - - - Item 2b - Pledge of Allegiance Mayor Barham led in the Pledge of Allegiance. - - - - - - - - Item 3a – Proclamation – National Health Center Week, Community Healthcare Center Mayor Barham read a proclamation establishing August 7-13, 2016 as National Health Center Week in Wichita Falls. He urged citizens to visit their local community healthcare center to celebrate the partnership with the center. Kristi McCosland said it is a privilege to serve the citizens of Wichita Falls. She invited attendance at the activities the healthcare center is holding for the week. - - - - - - - - CITY COUNCIL MINUTES August 2, 2016 Page 2 Item 3b - Employee of the Month – Gary Tucker, Police Department Chief Borrego recognized Gary Tucker, Police Department, as the Employee of the Month. Mayor Barham presented a plaque, a letter of appreciation, restaurant voucher, and a check to Mr. Tucker and thanked him for his service. - - - - - - - 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 East Scott Avenue, said he isn’t here to tell the council what their job is. He said the lives of smokers and drinkers should be left alone. People who voted for the smoking ban do not come into his bar. He said anything can cause cancer. Jennifer Awtry, 2325 Brook Hollow Drive, spoke about tennis, the tennis facilities, and future vision. She said the economic impact of tennis is over $1 million annually in Wichita Falls. The tennis association is working on building the tennis programs. John Mayfield, 4511 Lisa Lane, said Bobby Hagerman brings a lot of tennis tournaments to Wichita Falls. It would be a shame to lose him to another city because Wichita Falls would also lose the tournaments. The courts at Weeks Park are desperately needed for the tournaments. The courts are also used by adult leagues. Paula Hickerson, 715 Powell Lane, said she has received tickets for jaywalking on Jacqueline, a city street where there is a sidewalk. She passed around pictures, saying people could not walk on the sidewalk due to overgrowth. She said it is not safe to walk on the street, but would like to know who is responsible for maintaining the sidewalk. She was told it is typically the property owner who is responsible. Mayor Barham suggested that she meet with the city manager’s office. Barbara Sutton, 1010 Fell Lane, said her bar is struggling because of the smoking ban. It isn’t fair that the servicemen have to sit outside to smoke. Children do not come into the bar. Her bar is her “American dream” and she is losing it because of the smoking ban. She has lost 90% of her customers. Steve Wilkinson, 5410 Tanner, said he is co-owner of P2. He is an exception to the rule as he has the largest patio in town. Nothing has changed as far as business in his restaurant and bar since the ban. If the ordinance changes, he still would not allow smoking in the bar. It is the best change that has happened for him. He is also trying to start a new business, and the staff in Wichita Falls has been very helpful in answering questions and addressing his frustrations. Bobby Hagerman, 1823 Victory Avenue, expressed thanks for the opportunity he has working at the Weeks Park tennis center. The tournaments were well run before he moved here. He said falling revenues are a problem all over, but he would like the council to give consideration to possibly reducing hours during dead times rather than close the facility. CITY COUNCIL MINUTES August 2, 2016 Page 3 Robin Moreno, 4 Ladera Cove, said she represents the Health Coalition, leaders who are concerned with the health and well care of the residents. She thanked the council for adopting the no-smoking ordinance. There were no other citizen comments given. - - - - - - - Item 5 - Consent Items City Manager Darron Leiker gave a briefing on the item listed under the Consent Agenda. Moved by Councilor Ingle that the consent items be approved. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None Item 5 - Approval of Minutes of the July 19, 2016 Regular Meeting of the Mayor and City Council Item 6 - Receive Minutes Minutes of the following boards and commissions were received: (a) Planning and Zoning Commission, June 8, 2016 - - - - - - - Item 7a – Ordinance #24-2016 ORDINANCE NO. 24-2016 Ordinance Closing and Abandoning an Alley Approximately 20’ by 99.89’ Adjacent to 903 Tyler Street, a Tract of Land Out of Block 7, Floral Heights Addition, Wichita County, Wichita Falls, Texas, which Consists of Approximately 1,998 Square Feet More or Less as Depicted and Indicated on the Attached Plat Map Moved by Councilor Ingle that Ordinance No. 24-2016 be passed. Motion seconded by Councilor Santellana. Mayor Barham congratulated the Floral Heights Community Food Pantry for the success of the food pantry they have done for many years. Ronna Prickett, said the pantry is fortunate to have received the land and a building for their operation. Aimee Brown, the director of the pantry, said they have fed 26,000 people; 11,000 of those were children. She thanked the city for their support in getting this project done. Larry Parks, coordinator of the effort to get the building put in, said this is a great opportunity for the pantry as well as the city. CITY COUNCIL MINUTES August 2, 2016 Page 4 Motion to amend to show the ownership as Floral Heights Community Food Pantry made by Councilor Ingle and seconded by Councilor Smith. Amendment carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None Amended motion carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - Item 7b – Ordinance #25-2016 ORDINANCE NO. 25-2016 Ordinance Authorizing a General Election to be Held on November 8, 2016, for the Purpose of Electing Mayor, Councilor District 3, Councilor District 4, and Councilor District 5; Designating Election Precincts; Appointing Election Officials; Establishing Pay Rates for Election Workers; Providing for Notice of Said Election; Providing for the Use of Voting System; Providing for Early Voting Moved by Councilor Chenault that Ordinance No. 25-2016 be passed. Motion seconded by Councilor Quintero and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 7c – Ordinance #26-2016 This item was pulled from the agenda. - - - - - - - Item 7d – Ordinance #27-2016 ORDINANCE NO. 27-2016 Ordinance Making an Appropriation to the Special Revenue Fund for Grant Revenue from the Texas Department of Transportation (TxDOT) for a Comprehensive Selective Traffic Enforcement Program (STEP) Grant for Fiscal Year 2017 and Authorizing the City Manager to Execute All Documents Necessary to Accept Said Funds Moved by Councilor Ingle that Ordinance No. 27-2016 be passed. CITY COUNCIL MINUTES August 2, 2016 Page 5 Motion seconded by Councilor Santellana and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 7e – Discussion of Amending the Code of Ordinances at Chapter 46, Environment, by the Addition of Article VII, Fencing; Providing for Repeal of Ordinances or Parts of Ordinances in Conflict Herewith; Providing for Inclusion in the Code; Providing for Severability Jim Dockery said that at the planning session, the council discussed ordinances to address concerns about poorly maintained fences, homes without water service, and poorly maintained roofs. The council felt like addressing roofs may be too expensive for some citizens. Ordinances have been prepared to address fences and water service. Rita Miller, Code Enforcement, reviewed the proposed code for fences. Enforcement of the ordinance would be similar to enforcement of other code violation. She addressed questions from councilors including financial concerns, safety issues, fencing materials, and ownership. - - - - - - - Item 7f – Discussion of Amending the Code of Ordinances at Chapter 22, Buildings and Building Regulations, by the Addition of Article XIII, Residential Water Code; Providing for Repeal of Ordinances or Parts of Ordinances in Conflict Herewith; Providing for Inclusion in the Code; Providing for Severability Rita Miller reviewed the ordinance and said enforcement would likely be based on complaints or other violations at the residence. She noted that if water is off due to plumbing issues, there are agencies that can help in repairs to get water turned on. Lou Kreidler added information on the public health aspect. Paula Hickerson, 715 Powell Lane, said churches should be able to help people locally. - - - - - - - Item 7g - Discussion of Ordinance Amending Chapter 110, Vehicles for Hire, of the Code of Ordinances by the Addition of Article IV, Transportation Network Company Service; Providing a Repealer Clause; Providing for Inclusion in the Code; Providing for Severability Kinley Hegglund said Chapter 110 of the municipal code addresses vehicles for hire such as taxis. A new industry, ride-sharing, has grown and our current ordinance would actually prohibit a ride-sharing business from coming into Wichita Falls. He said the proposed ordinance would regulate the industry and includes permitting, a franchise agreement, inspections, and chauffer’s permits. Requirement for fingerprints or background checks need to be considered. Another option would be to allow ride-sharing but we would not regulate them. John Burrus said he feels cursory background checks need to be done on all drivers. He said SAFB requires a background check. He also noted that the taxi cab companies want to be CITY COUNCIL MINUTES August 2, 2016 Page 6 treated equally. He also said he feels insurance requirements for the vehicles, drivers, and the passengers need to be established. He also recommended not removing meter requirements from the ordinance. He said this new industry is an evolution of the transportation network. Chief Borrego said there are concerns for citizens and safety, but this new industry is a different business strategy. It is a contract between an individual and company. Having competition helps keep the services above-board. He said he is not confident in requiring background checks. He does think the company could do background checks. He added that he thinks the taxi regulations should be reviewed. Kevin Callahan, 1670 Victory, reviewed the requirements he had to comply with to open his business in Wichita Falls. He said Skylark Taxi has tried to invest money back into the community and has not asked for concessions, even as other transportation services were offered in the community. He said he disagrees that ride-sharing is a different industry. His cars use the same app-based systems. He said he keeps the money local and has a big impact on the economy. He invited the council to visit his office and see his operation. He said he would like to compete under the same rules as the ride-share businesses and have a voice in any changes to the ordinance. He highlighted several examples of problems where Uber drivers have not had background checks and have committed criminal acts. Claudio Ramirez, owner of Wichita Falls Star taxi, said there are two taxi companies in town and business is not that good now. He said any new company should follow the same rules and regulations as the franchise companies. Background, inspections, and fingerprinting should be required. - - - - - - ***THIS ITEM WAS HEARD OUT OF ORDER*** Item 8h – Resolution #84-2016 RESOLUTION NO. 84-2016 Resolution Authorizing the City Manager to Submit an Application to the United States Air Force Static Display Program to Acquire a Jet Engine to be Displayed at Wichita Falls Regional Airport Moved by Councilor Quintero that Resolution No. 84-2016 be passed. Motion seconded by Councilor Santellana. Eric West, 2418 Cambridge, thanked the council for partnering with the museum for this engine as well as the other displays at the airport. Motion carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - - CITY COUNCIL MINUTES August 2, 2016 Page 7 Item 8a – Resolution #77-2016 RESOLUTION NO. 77-2016 Resolution to Approve Change Order No. 1 for the SAFB Perimeter Security and Transportation Project for an Additional Amount of $40,000 Moved by Councilor Ingle that Resolution No. 77-2016 be passed. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 8b– Resolution #78-2016 RESOLUTION NO. 78-2016 Resolution Approving the 2016 Action Plan of the Consolidated Plan of the City of Wichita Falls to Include Any and All Revisions to the Plans Approved by the U.S. Department of Housing and Urban Development (HUD), 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 Reallocate $120,000 in FY 2014 CDBG Funds; Authorizing the City Manager to Execute HUD Grant Applications and Agreements to Implement the Approved Plans, to Include Any and All Revisions Approved by HUD Moved by Councilor Ingle that Resolution No. 78-2016 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 8c – Resolution #79-2016 RESOLUTION NO. 79-2016 Resolution Authorizing the City Manager to Execute an Agreement with the Wichita County Clerk’s office for the Conduct of a Joint Election on November 8, 2016 Moved by Councilor Ingle that Resolution No. 79-2016 be passed. Motion seconded by Councilor Santellana and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - CITY COUNCIL MINUTES August 2, 2016 Page 8 Item 8d – Resolution #80-2016 RESOLUTION NO. 80-2016 Resolution Awarding Bid and Contract for the 2016 Sewer Budget Utility Improvements Project – Phase 2 to Bowles Construction Co. in the Amount of $171,416 Moved by Councilor Ingle that Resolution No. 80-2016 be passed. Motion seconded by Councilor Quintero and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 8e – Resolution #81-2016 RESOLUTION NO. 81-2016 Resolution Authorizing the City Manager to Execute an Advance Funding Agreement (AFA) with Texas Department of Transportation for the Construction of a Hike and Bike Trail from Wichita Bluff to LP 11 Moved by Councilor Ingle that Resolution No. 81-2016 be passed. Motion seconded by Councilor Santellana and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 8f – Resolution #82-2016 RESOLUTION NO. 82-2016 Resolution Authorizing Expenditure by the City of Wichita Falls Police Department from the Federal Forfeiture and State Seized Fund Accounts in the Amount of $91,675.86 for the Procurement of Equipment Not Included in the FY 2015 / 2016 General Fund Budget Moved by Councilor Santellana that Resolution No. 82-2016 be passed. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - CITY COUNCIL MINUTES August 2, 2016 Page 9 Item 8g – Resolution #83-2016 RESOLUTION NO. 83-2016 Resolution Waiving the Rental Fee for the Mobile Stage for an Event by the Lions Club October 8, 2016 Moved by Councilor Ingle that Resolution No. 83-2016 be passed. Motion seconded by Councilor Santellana. Motion amended by Councilor Smith to charge for labor costs for this first-time rental. Amendment seconded by Councilor Quintero Amendment carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None Amended motion carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Ingle, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 9a – Staff Reports Blake Jurecek updated the council on the installation of the new water meters. There were no additional staff reports. - - - - - - - Item 9b – Items of Concern to Members of the City Council Members of the City Council presented the following matters: Councilor Santellana invited attendance at the “Cruisin’ Kemp” car show this weekend. - - - - - - - Item 10 – Executive Session There was no executive session. - - - - - - - - CITY COUNCIL MINUTES August 2, 2016 Page 10 Item 11 - Adjourn City Council adjourned at 12:13 p.m. PASSED AND APPROVED this 16th day of August, 2016. __________________________________ Glenn Barham, Mayor ATTEST: ____________________________________ Tracy B. Norr, TRMC/MMC, City Clerk