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Min 09/06/2016 CITY COUNCIL MINUTES September 6, 2016 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 6, 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 Council Chambers of the Memorial Auditorium Building at 8:30 o’clock a.m., with the following members present. Glenn Barham - Mayor DeAndra Chenault - Councilors Stephen Santellana - Tom Quintero - Michael Smith - Brian Hooker - Absent Tim Ingle - 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 Gene Holley, Life Tabernacle Church , gave the invocation. - - - - - - - - Item 2b - Pledge of Allegiance Mayor Barham led in the Pledge of Allegiance. - - - - - - - - Item 3a –Employee of the Month – Jason Baber, Fire Department Chief Reese recognized Jason Baber, Fire Department, as the Employee of the Month. Mayor Barham presented a plaque, a letter of appreciation, restaurant voucher, and a check to Mr. Baber and thanked him for his service. Mr. Baber thanked the city for the recognition and said he wears the uniform with a sense of pride because those he serves with are the best in the business and it’s an honor to serve the city. - - - - - - - CITY COUNCIL MINUTES September 6, 2016 Page 2 Item 4- Consent Items City Manager Darron Leiker gave a briefing on the item listed under the Consent Agenda. Mo ved by Councilor Smith that the consent items be approved. Motion seconded by Councilor Santellana and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None Item 4 - Approval of Minutes of the August 16, 2016 Regular Meeting of the Mayor and City Council Item 5a– Resolution #86 -2016 RESOLUTION NO. 86-2016 Resolution to Approve Change Order No. 1 and Final for the 2016 Water Budget Util ity Improvement Project for an Increase of $125,708.40 Item 5b– Resolution #87 -2016 RESOLUTION NO. 87-2016 Resolution Awarding Bid and Contract for the 2016 Alley Rehabilitation Project to Falls Concrete, LLC in the Amount of $96,024.15 Item 5a– Resolution #88 -2016 RESOLUTION NO. 88-2016 Resolution Authorizing the Transfer of Ownership of Trustee Properties at 806 Dallas Street and 808 Dallas Street to Habitat for Humanity for the Construction of Low to Moderate Income Housing and to Authorize the City Manager to Execute the Deed Item 6 - Receive Minutes Minutes of the following boards and commissions were recei ved: (a) Board of Adjustment, April 20, 2016 (b) Landmark Commission, June 28, 2016 (c) Planning and Zoning Commission, July 13, 2016 - - - - - - - ***Item 8b was heard out of order*** CITY COUNCIL MINUTES September 6, 2016 Page 3 Item 8b – Ordinance #31-2016 ORDINANCE NO. 31-2016 Ordinance Amending Article VI, Food and Food Vendors and Establishments, of the Code of Ordinances of the City of Wichita Falls, at Division 2, Food Service Establishments, by the Addition of Subdivision IV., Dog Patio Permit; Providing a Repealer Clause; Providing for Inclusion; Providing for Severability Moved by Councilor Santellana that Ordinance No. 31-2016 be passed. Motion seconded by Councilor Smith. The owners of Frank and Joes thanked the city for working with them on this ordinance. Beverly Ellis, 1605 Parkdale, asked if there will be training provided or verification if dogs are service dogs. Lou Kreidler clarified that dogs will not need to be service dogs to be allowed on patios per this ordinance. Motion carried by the following vote: Ayes: Mayor Barham, Councilors Santellana, and Smith. Nays: Chenault, Quintero - - - - - - Item 7a – Public Hearing on the Proposed Property Tax Rate for the 2016 -2017 Fiscal Year Jim Dockery said this is the first of two public hearings on the propos ed property tax rate. Anthony Carlisle, 1648 Pearl Avenue, said he appreciates the efforts of Councilor Chenault in bringing the dollar store to the east side. He brought up costs for airport restaurant, deaths of city workers, and death of young girls which the city will be responsible to pay. He said homestead exemption laws have changed which means assessments have gone up. Mayor Barham asked him to bring his comments back to the proposed budget and tax rate. Mr. Carlisle said the proposed budget does not satisfy the people of Wichita Falls. There were no further comments and the public hearing was closed at 8:55:22 AM. Item 7b – Public Hearing for the FY 2016 Transit Grant for Capital, Planning and Operating Assistance for the Wichita Falls Transit System John Burrus said the proposed budget includes funding for cutaway buses. There were no further comments and the public hearing was closed at 8:56:38 AM - - - - - - CITY COUNCIL MINUTES September 6, 2016 Page 4 Item 8a – Ordinance #30-2016 ORDINANCE NO. 30-2016 Ordinance Appropriating $1,479,012 in Federal Funds and $334,567 in State Funds for the FY 2016 Section 5307 Transit System and Authorizing the City Manager to Execute All Necessary Funding Agreements Related Hereto Moved by Councilor Quintero that Ordinance No. 30-2016 be passed. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - Item 8c – Ordinance #32-2016 ORDINANCE NO. 32-2016 Ordinance Amending Article IV, Animal Control, of the Code of Ordinances of the City of Wichita Falls, at Division 3, Impoundment; Providing a Repealer Clause; Providing for Inclusion; and Providing for Severability Moved by Councilor Quintero that Ordinance No. 32-2016 be passed. Motion seconded by Councilor Santellana and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - Item 8d – Ordinance #33-2016 ORDINANCE NO. 33-2016 Ordinance Accepting $34,849.00 of Grant Funds Pursuant to the 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Local Solicitation Award #2016 -DJ- BX-0715), Appropriating Said Funds to the Special Revenue Fund, and Authorizing the City Manager to Execute All Documents Necessary to Accept and Share Said Funds Moved by Councilor Chenault that Ordinance No. 33-2016 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - CITY COUNCIL MINUTES September 6, 2016 Page 5 Item 8e – Ordinance #34-2016 ORDINANCE NO. 34-2016 Ordinance Authorizing the City Manager to Execute All Documents Necessary to Apply for and Accept Up to $1 Million in Federal Aviation Administration Grants for Debt Service at Wichita Falls Regional Airport and Appropriating Said Funds to the FAA Airport Improvement Grant 2016 Fund Moved by Councilor Quintero that Ordinance No. 34-2016 be passed. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - Item 8f – Ordinance #35-2016 ORDINANCE NO. 35-2016 Ordinance Authorizing the City Manager to Execute All Documents Necessary to Apply for and Accept Up to $50,000 in Texas Department of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2017 Projects at Kickap oo Downtown Airport and Appropriating Said Funds and the City’s Match of $50,000 into the Special Revenue Fund Moved by Councilor Santellana that Ordinance No. 35-2016 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - Item 8g– Ordinance #36-2016 ORDINANCE NO. 36-2016 Ordinance Authorizing the City Manager to Execute All Documents Necessary to Apply for and Accept Up to $50,000 in Texas Department of Transportation Aviation Division Routine Airport Maintenance Program (RAMP) Funds for FY 2017 Projects at Wichita Falls Regional Airport and Appropriating Said Funds and the City’s Match of $50,000 into the Special Revenue Fund Moved by Councilor Chenault that Ordinance No. 36-2016 be passed. Motion seconded by Councilor Santellana and carried by the following vote: CITY COUNCIL MINUTES September 6, 2016 Page 6 Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - Item 9a – Resolution #89-2016 RESOLUTION NO. 89-2016 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 $30,000 for Half Pint III, LLC to Install a Fire Suppression System at 817 Ohio as Part of a Redevelopment Project in the Central Business District Moved by Councilor Santellana that Resolution No. 89-2016 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 9b – Resolution #90-2016 RESOLUTION NO. 90-2016 Resolution Authorizing the City Manager to Execute a Professional Services Contract with Global Spectrum, L.P. dba Spectra Venue Management for Management of the Multi- Purpose Events Center and Memorial Auditorium Facilities for a Period of Five Years Moved by Councilor Chenault that Resolution No. 90-2016 be passed. Motion seconded by Councilor Quintero. Jim Dockery reviewed the agreement. He introduced management members from Spectra who expressed excitement in the opportunity to come to Wichita Falls. Anthony Carlisle, 1648 Pearl, said the Toby Keith will not be coming back to Wichita Falls because the council and people of Wichita Falls didn’t appreciate his concert. He said this contract will not work and we will not be able to work with any other provider after that experience. Jesse Brown, 2800 Blanco Street, said hiring Spectra i s a great step forward to the city. Allowing dogs on patios is another step forward. Richard Lehman, 3188 Rifle Range Road, Iowa Park, said he works for Local 378 who are the stagehands for Memorial Auditorium. They look forward to the transition to t his new group and hope they don’t lose the local groups. Motion carried by the following vote: CITY COUNCIL MINUTES September 6, 2016 Page 7 Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 9c – Resolution #91-2016 RESOLUTION NO. 91-2016 Resolution Allowing Three (3) Trustee Properties As Indicated to be Sold for Less than the Total Amount of the Judgments Against Them as Authorized by Section 34.05(i) of the Texas Tax Code Moved by Councilor Chenault that Resolution No. 91-2016 be passed. Motion seconded by Councilor Quintero. Jimmy York, 207 Scott Street, asked who the purchasers are. He was told the bidders are Nicholas Walker, Dennis Rivard, and Bertie Jackson. Two are adjacent property owners. Motion carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 9d – Resolution #92-2016 RESOLUTION NO. 92-2016 Resolution Awarding Bid and Contract for the 2016 Lift Station 53 & 61 Rehabilitation Project to Bowles Construction Co. in the Amount of $280,000.00 Moved by Councilor Quintero that Resolution No. 92-2016 be passed. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 9e – Resolution #93-2016 RESOLUTION NO. 93-2016 Resolution Authorizing the City Manager to Execute an Advance Funding Agreement (AFA) with Texas Department of Transportation for the Construction of Pedestrian Improvements along Kemp Boulevard from Midwestern Parkway to Southwest Parkway Moved by Councilor Chenault that Resolution No. 93-2016 be passed. Motion seconded by Councilor Quintero and carried by the following vote: CITY COUNCIL MINUTES September 6, 2016 Page 8 Ayes: Mayor Barham, Councilors Chenault, Quintero, Santellana, and Smith. Nays: None - - - - - - - Item 10 - Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. Jimmy York, 207 Scott Street, said he would like to speak about allowing smoking in bars, but also about supporting soldiers and the homeless veterans. He said he likes to see people get involved with wounded soldiers and their families. He said the police don’t have enough authority to do the things they need to do. People don’t have enough authority to do what they need to do. He doesn’t need the smoking law, but it is a privilege that should belong to him. He said he would like to be grandfathered in. If dogs can be voted into a restaurant, cigarettes should be voted into a bar. Rhonda King, 6618 David, said she received a water bill for a vacant home. The meter readings didn’t change from March until July and then received a bill for $1,871. She talked to the manager who said she could pay the bill out. She had a plumber test and found no leaks. An inspector found no leaks in August. The bill in August was back to $71. She said she does not believe she owes the bill. Mayor Barham said someone would contact her to discu ss this. Anthony Carlisle, 1648 Pearl, said people are being gouged with the state going up with the money on homesteaded values. He said he sees no accommodations for handicapped people in the council chambers. He said a city staff member followed h im out of the last meeting and called him a name. He said he did not appreciate being called names. It shows the attitude of the council members. There were no other citizen comments given. - - - - - - - Item 11 –Items of Concern to Members of the City Council This item was not considered. - - - - - - - Item 12 – Executive Session City Council went into Executive Session at 10:15:24 AM in accordance with Texas Government Code §551.087 and §551.074. City Council reconvened at 11:25:05 AM. Mayor Barham announced that no polls or votes were taken during Executive Session. - - - - - - - - CITY COUNCIL MINUTES September 6, 2016 Page 9 Item 13 – Appointment to the 4B Sales Tax Corporation Councilor Santellana nominated Derik Schneider to fill a vacancy on the 4B Sales Tax Corporation, term to expire July 31, 2017. Mayor Barham nominated Jeral Jackon to fill the vacancy. Those voting in favor of Jeral Jackson were Mayor Barham and Councilor Chenault. Those voting in favor of Derik Schneider were Councilors Santellana, Q uintero, and Smith. Derik Schneider was appointed. - - - - - - - Item 14 - Adjourn City Council adjourned at 11:25:54 AM PASSED AND APPROVED this 20th day of September, 2016. __________________________________ Glenn Barham, Mayor ATTEST: ____________________________________ Tracy B. Norr, TRMC/MMC, City Clerk