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Min 02/07/2017 CITY COUNCIL MINUTES February 7, 2017 Page 1 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building February 7, 2017 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. Stephen Santellana - Mayor Michael Smith - Councilors Brian Hooker - DeAndra Chenault - Jesse Brown - Romeo Montez - Eric West - Darron Leiker - City Manager Kinley Hegglund - City Attorney Tracy Norr - City Clerk - - - - - - - - Mayor Santellana called the meeting to order at 8:30 a.m. - - - - - - - - Item 2 – Invocation and Pledge of Allegiance Councilor Michael Smith gave the invocation. Mayor Santellana led the Pledge of Allegiance. - - - - - - - - Item 3a –Employee of the Month – Ronald Kendrick, Public Works/Wastewater Treatment Division 8:33:40 AM Daniel Nix introduced Ronald Kendrick, Wastewater Treatment Lead Plant Operator, as the Employee of the Month. Mayor Santellana presented a plaque, a letter of appreciation, restaurant voucher, and a check to Mr. Kendrick and thanked him for his service. - - - - - - - Item 3b – Proclamation – AmeriCorps NCCC Day Mayor Santellana read a proclamation establishing January 27, 2017 as AmeriCorps NCCC Day in Wichita Falls. He urged citizens to recognize the impact of AmeriCorps in the city CITY COUNCIL MINUTES February 7, 2017 Page 2 and their assistance in tax preparation for citizens. Genevieve Anderson said this is the 7th year that AmeriCorps has helped in the VITA tax preparation program. Jordan Reeves, team leader, added that AmeriCorps has been doing a lot of work. He expressed appreciation for his team. - - - - - - - Item 4 – Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda. There were no comments given. Item 5-7i- Consent Items 8:40:36 AM City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Mo ved by Councilor Hooker that the consent items be approved. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None Item 5 - Approval of Minutes of the January 17, 2017 Regular Meeting of the Mayor and City Council Item 6- Resolution #08-2017 Resolution #08-2017 Resolution Authorizing Award of Bid for the Purchase of One F-550 Cab & Chassis with Container Carrier to Pruitt Ford, LLC in the Amount of $68,938.00 Item 7 - Receive Minutes Minutes of the following boards and commissions were received: (a) Park Board, September 22, 2016 (b) Landmark Commission, September 27, 2016 (c) Park Board, October 8, 2016 (d) MPO – TAC, October 13, 2016 (e) 4A-WF Economic Development Corporation, October 19, 2016 (f ) MPO – TPC, October 26, 2016 (g) Wichita Falls-Wichita County Public Health Board, October 28, 2016 (h) MPO – TPC November 21, 2016 (i) 4B Sales Tax Corporation, December 7, 2016 - - - - - - - CITY COUNCIL MINUTES February 7, 2017 Page 3 ***This item was held out of order*** Item 10a – Re solution #09 -2017 8:42:13 AM RESOLUTION NO. 09-2017 Resolution Approving the Programs and Expenditures of the Wichita Falls Economic Development Corporation (WFEDC) and Amending the Budget to Include up to $3,000,000 to Vitro Architectural Glass for a Plant Expansion Project, and $75,000 to the Sheppard Military Affairs Committee for Concurrent Meetings of the AETC Commander’s Conference and ENJJPT Steering Committee Moved by Councilor Smith that Resolution No.09 -2017 be passed. Motion seconded by Councilor Montez. Kevin Pearson from the Chamber of Commerce introduced the Vitro plant manager, Bill Hailey. Mr. Hailey said the company’s North American expansion was announced and the Wichita Falls site is being considered for the location of the jumbo coater. He explained the use of the coater and the reasons for bringing it to Wichita Falls. Th e economic impact of the company in the North Texas area is $41 million. The coater will increase that economic impact by $5 million. Mr. Pearson said the Burkburnett Economic Development Corporation is also considering contributing to the project. Jim Dockery said the WFEDC unreserved fund balance is $4.755 million if this project is approved. Glenn Barham, SMAC president, said the Sheppard Military Affairs Committee (SMAC) typically hosts two annual events for the ENJJPT (international joint jet p ilot training program). One has been held in Burkburnett and the other is generally at another location. SMAC has also been asked to host the AETC Commander’s Conference, which will be held at MPEC. Due to budget constraints, they are asking for additional funding. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, and Smith. Nays: Montez - - - - - - Item 8 – Discussion of Ordinance Amending Chapter 102, Traffic and Vehicles, by the Addition of Article III, Wireless Communication Device Use, to Prohibit the Use of Wireless Communication Devices While Operating a Motor Vehicle; Providing a Repealer Clause; Providing for Inclusion; Providing for Severability 9:00:04 AM City Attorney Kinley Hegglund said the proposed ordinance is presented for discussion at the request of Mayor Santellana. He said this is an expansion of state law that makes it illegal to use wireless communication devises in school zones. He noted that studies show that use of wireless devices while driving results in a distraction response time that is double what is normal. It is also CITY COUNCIL MINUTES February 7, 2017 Page 4 equivalent to someone driving with a blood alcohol level double the legal limit. He said the ordinance will be not applicable to emergency calls or police officers. Chief Borrego said there is not a true number of accidents caused by wireless device use, but it has been observed. He expressed support of the ordinance, including the exemption for law enforcement because of public safety issues that cannot be handled on the radio. He noted that the police fleet is being equipped with hands-free options. He also said that the police have not had any accidents while using their wireless devices. Councilor West suggested use of other hands-free devices for the officers. Chief Borrego said he is looking at some of that technology. Amy Krikorian explained the benefits of having a comprehensive ordinance and extending the hands-free ban. She said officers see a person holding a cell phone in their hand but don’t know how they are using the phone. If the law prohibits only specific uses, it cannot be enforced because the court cannot prove how they were using the phone. Councilor Hooker asked if using devices for navigation or audio books is allowed. He was told they would be illegal unless used hands free. Councilor Brown expressed opposition to government interference in private lives but said he agrees with the need for public safety. He asked that a definition of hands-free device be included in the ordinance. He also asked if the proposed ordinance would affect economically-challenged citizens. Mr. Hegglund said the definitions are those used by the state. Councilor West noted that there are inexpensive blue-tooth devices that can be purchased. Councilor Hooker said he will not support the ordinance as written. Councilor Montez said the purpose of the ordinance is to reduce distractions. Mayor Santellana recognized the need for safety but said the ordinance needs to be all-inclusive so it is enforceable. Mayor Santellana said he had called several cities to ask why they adopted the ban and asked if they thought it was helpful. He said the ban won’t stop cell phone use but it should help safety. Councilor West said he does not think an ordinance will make an immediate change, but it is one step towards making a difference. Tish Beaver, 1601 Southwest Parkway, said she is a traffic safety educator for TxDOT. If the city were to pass this ordinance, it would become the 98th city in the state with a similar ordinance. She discussed the skills sets needed to drive a car and the same skill sets are needed for operating a phone. One in five crashes are due to distracted driving. Texas is one in five states in the U.S. that does not have a texting ban. She said TxDOT is available for educational outreach. Mark Schaffer, SAFB Safety Office, said the base has a DOD and Air Force restriction against using cell phones while driving. Violators are given citations. He said there are a lot of air force members who are pedestrians in Wichita Falls. They are advised to watch out for people who are driving while on phones. Marion Stade, 4801 Greenbriar, spoke against the ordinance. She said there are a lot of reasons for distracted driving. She said education would be better than litigation. She reiterated that the councilors had said there is no data. Mayor Santellana said they said there is data on both sides of the issue. Mr. Hegglund said there were 53 accidents in Wichita Falls where drivers admitted it was due to cell phone use. Dustin Nimz, 900 8th Street, said he has been looking at this issue since 2011. He said the statistics are there and the ordinance is for protection and safety. There is no difference between a device ban and any other type of driving restriction. Mr. Hegglund said he would work on changing the draft ordinance to meet the concerns expressed by the councilors. CITY COUNCIL MINUTES February 7, 2017 Page 5 - - - - - - Item 9 – Ordinance #04 -2017 10:28:49 AM ORDINANCE NO. 04-2017 Ordinance Awarding Bid and Contract for the 2016 Kemp Monroe Drainage Project Phase I to Chad & Brandi, Inc. dba Wilson Contracting in the Amount of $3,992,634.50, and Making an Appropriation of $1,553,000 of Stormwater Utility Funds for the Project Moved by Councilor Chenault that Ordinance No. 04-2017 be passed. Motion seconded by Councilor West and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - Item 10b – Resolution #10 -2017 10:32:55 AM RESOLUTION NO. 10-2017 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 $140,000 for Additional Funding for Phase II of the City’s Wayfinding Signage Project Moved by Councilor Chenault that Resolution No. 10-2017 be passed. Motion seconded by Councilor West and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - Item 10c – Resolution # 11-2017 10:36:04 AM RESOLUTION NO. 11-2017 Resolution Awarding Bid to Geograph Industries, Inc. for the Phase II Wayfinding Signage Project, and Authorizing the City Manager to Execute a Contract in a Total Amount That Shall Not Exceed $558,487 Moved by Councilor Chenault that Resolution No.11-2017 be passed. CITY COUNCIL MINUTES February 7, 2017 Page 6 Motion seconded by Councilor West and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - Item 10d – Resolution # 12-2017 10:38:02 AM RESOLUTION NO. 12-2017 Resolution Authorizing the City Manager to Enter into an Agreement with Trinity Hughes, LLC for Design-Build Services Related to the Sheppard Air Force Base Main Gate Bus Transfer Plaza and Parking Lot Project Moved by Councilor West that Resolution No.12-2017 be passed. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - Item 10e – Resolution # 13-2017 10:44:38 AM RESOLUTION NO. 13-2017 Resolution Authorizing Award of Bid for the Purchase of Five ¾-Ton Regular Cab Pickups from the Low Bidder, Grapevine DCJ LLC, in the Amount of $110,005.00; or to the Local Bidder, Wichita Falls Ford Lincoln, Inc., in the Amount of $111,218.60; and Award of Bid for the Purchase of One ¾-Ton, 4-Wheel Drive, 4-Door Crew Cab Pickup from the Low Bidder, Wichita Falls Ford Lincoln, Inc., in the Amount of $28,529.72 Moved by Councilor Brown that Resolution No. 13-2017 be passed. Motion seconded by Councilor Hooker. Motion to amend to award the bid to the local bidder, Wichita Falls Ford Lincoln, Inc. for the five regular cab pickups was made by Councilor Smith. Motion seconded by Councilor Hooker and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None Amended motion and carried by the following vote: CITY COUNCIL MINUTES February 7, 2017 Page 7 Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - Item 10f – Resolution # 14-2017 10:50:09 AM RESOLUTION NO. 14-2017 Resolution of Support for a Proposed Historic Rehabilitation Affordable Housing Tax Credit Project, The Residence at Lamar, at 1100 Lamar, TDHC A Application No 17273 Moved by Councilor Chenault that Resolution No.14-2017 be passed. Motion seconded by Councilor Hooker. Brett Johnson, Overland Property Group, said this is not their first historic renovation. They are working on getting this building on the federal historic register. He said the first floor will consist of retail office, and there will be two market -rate living units. He said they need the resolution of support to proceed. Motion to postpone by Mayor Santellana and seconded by Councilor West. Motion to postpone carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - Item 10g – Resolution # 15-2017 11:05:24 AM RESOLUTION NO. 15-2017 Resolution of Support for a Proposed Affordable Housing Tax Credit Project, The Reserves at Stone Lake, on State Hwy. 79 between Rathgeber Road and Professional Drive, Consisting of Approximately 5 Acres, TDHCA Application No 17266 Moved by Councilor Brown that Resolution No. 15-2017 be passed. Motion seconded by Councilor Hooker. Brett Johnson, Overland Property Group, said he feels the historic application should outscore this application, but in the event that project falls through, they would have this project as a competitive application. They expect this project to have 32 units. Motion to postpone by Mayor Santellana and seconded by Councilor Smith. Motion to postpone carried by the following vote: CITY COUNCIL MINUTES February 7, 2017 Page 8 Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - Item 10h – Resolution # 16-2017 11:09:06 AM RESOLUTION NO. 16-2017 Resolution of Support for Proposed Affordable Housing Tax Credit Project, Cascade Villas, at the Approximate Address of 4810/4818 and 4822 Fairway Boulevard; TDHCA Application No. 17225 Moved by Councilor Brown that Resolution No. 16-2017 be passed. Mo tion seconded by Councilor Smith. Mr. Paul Holden, San Marcos, Texas, distributed corporate brochures and highlighted the beginnings and growth of their development company. He said this is a 60-unit project, and 14 units will be market rate. He said all three properties are on an even basis for the scoring criteria. He said he recommends a resolution of support to all applicants. That way the city wins no matter who wins the state tax credits. Motion to postpone by Mayor Santellana. Motion seconded by Councilor Brown and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - Action on Resolutions #14-2017, #15-2017, and #16-2017 Councilor West asked for additional information on the tax credits. He was told by Mr. Johnson the TDHCA awards typically only cover one application. It is possible there are left over funds from the applications, there is a possibility of a second award. Karen Gagne said Wichita Falls actually was a recipient of a reallocation of tax credits in the past. Discussion was held about the effect of the council’s in approving or remaining neutral on the projects. Mr. Johnson said this year the state’s criteria does include points for historic buildings. Councilor Smith and Mayor Santellana noted that the renovation of the Lamar project meets the vision for revitalization of the downtown area. Doris Culley, executive director of the Wichita County Heritage Society, said they have written a letter of support for the Lamar project. It is a central piece for the downtown redevelopment. Motion to approve Resolution #14-2017 carried by the following vote. Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. CITY COUNCIL MINUTES February 7, 2017 Page 9 Nays: None Councilor Brown said he does not favor approving the other two applications. Mr. Johnson noted that by only supporting only one application, the city could lose out of the opportunity for the development if the Lamar project falls through. He asked the council to consider supporting all three projects. Mr. Holden said he agrees with Mr. Johnson. Mr. Johnson said the city’s supporting resolution is a threshold issue for consideration for the tax credits. City Manager Darron Leiker said the discussion has changed his recommendation and he would recommend supporting all three applications. Motion to approve Resolution #15-2017 carried by the following vote. Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None Motion to approve Resolution #16-2017 carried by the following vote. Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None *** This item was heard out of order. Item 11a – Staff Reports - Hoegger Communications “Choose to Reuse” Presentation 11:44:18 AM Jackie Hoegger presented information on a reuse marketing presentation for the city’s reuse program. The first phase is education on the program, the purpose of the program, and the ways to participate in the program. She said there are 8,000 green carts being used in the city, which is 25% participation. There are 14 drop off locations. The city accepts 79% of the waste stream. She discussed the free mulch. She discussed education promotions that are being prepared. Russell Schreiber said the city is known for the water reuse program. The reuse program is not a traditional single stream recycling program. Additional aspects of the reuse program will be addressed in upcoming programs. Item 10i – Resolution # 17-2017 11:58:29 AM RESOLUTION NO. 17-2017 Resolution Awarding Contract for the 2017 North Beverly Pump Station Pump Discharge Header Rehab Project, to Triton Lining System LLC in the Amount of $60,000.00 Moved by Councilor Hooker that Resolution No. 17-2017 be passed. Motion seconded by Councilor West and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - CITY COUNCIL MINUTES February 7, 2017 Page 10 Item 10j – Resolution # 18-2017 12:43:19 PM RESOLUTION NO. 18-2017 Resolution Adopting a Lake Arrowhead Lease Specifically for Current Leaseholders of the Original Lease Terms that Expire between January 1, 2017 through December 31, 2022 and Who Are At Least 65 Years of Age at the Time of Expiration and Meet Current Low to Moderate Income Requirements Pursuant to Guidelines of the Department of Housing and Urban Development Moved by Councilor Chenault that Resolution No. 18-2017 be passed. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith. Nays: None - - - - - - Item 11a – Staff Reports - Financial Update 12:48:49 PM Jim Dockery reviewed the ending 2015-2016 financial update, noting that general fund revenue was down for 2015 -2016 by $1.1 million. General fund expenditures were under budget by $1.5 million but there are two major expenditures that are encumbered but not spent. The overall general fund deficit was $596,296 and the ending fund balance is $13,211,385. The ending fund balance is 18.06% of the expenditures, slightly under the 20% policy. He recommended that no reserve funds be budgete d during 2017-2018 for capital projects. He reviewed the first quarter of FY 2016 -2017, noting the primary financial issue to watch is the sales tax performance. Mr. Dockery reviewed the 2015 -2016 MPEC/CVB fund, noting the general fund subsidy was lower than budgeted. He said that with the Spectra agreement, the subsidy for the current year will be much lower. Early indications are that Spectra is achieving budget. The hotel/motel tax is exceeding the budget. The regional airport fund ending balan ce is lower, in large part because of federal determinations on the debt service on the terminal. The Kickapoo Airport fund ending balance was higher than budgeted. Sanitation Fund income was review. There are $3.5 dollars in reserve for the future landfill expansion project. This exceed s the 15% policy. The water/sewer fund income statement was reviewed. The ending fund balance was $4,819,740 but there are some encumbrances. Mr. Dockery noted that the fund balance was almost spent during the drought. This fund balance will position us for future water supply projects, particularly Lake Ringgold. The fund balance is at 17% of expenditures, which is on target for the policy. The fleet maintenance fund’s ending balance was lower than budget ed. The CITY COUNCIL MINUTES February 7, 2017 Page 11 first quarter budget is on pace to end with a savings due to fuel cost. The Information Tech fund has an ending balance of $1,109,470. This fund is anticipated to be fully self -supporting in the future. Item 11b –Items of Concern to Members of the City Council 1:32:33 PM Councilor West told the citizens of District 1 that he would love to attend homeowner’s association meetings for his district. Councilor Smith said he doesn’t think there are crossing markings at Kemp and Call Field. He asked that that be checked. He also commented on a newspaper article about turning the fountains back on. He asked if estimates are being received for fixing the Memorial Auditorium, that other options also be weighed against other options. Mr. Leiker said the estimate for fixing the known issue is over $3 million. Councilor Chenault thanked those who attended the meeting. She also expressed appreciation to Pat Hoffman for working with her on an issue. Mayor Santellana thanked the staff and reminded everyone of the strategic planning meeting tomorrow. - - - - - - - Item 12 - Adjourn City Council adjourned at 1:36:31 PM. PASSED AND APPROVED this 21st day of February, 2017. __________________________________ Stephen Santellana, Mayor ATTEST: ____________________________________ Tracy B. Norr, TRMC/MMC, City Clerk