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
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Mayor Santellana called the meeting to order at 8:30 a.m.
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Item 2 – Invocation and Pledge of Allegiance
Councilor Michael Smith gave the invocation. Mayor Santellana led the Pledge of
Allegiance.
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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.
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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
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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.
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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
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***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
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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
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February 7, 2017
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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.
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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
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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
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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.
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Motion seconded by Councilor West and carried by the following vote:
Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith.
Nays: None
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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
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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:
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Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith.
Nays: None
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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
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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:
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Ayes: Mayor Santellana, Councilors Brown, Chenault, Hooker, West, Montez, and Smith.
Nays: None
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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
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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.
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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
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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
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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
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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.
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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