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Min 04/07/2020A), i 44 T E X A S S/cseSkie,. C��/de�O��poj-tuau7ie5. Item 1 - Call to Order City of Wichita Falls City Council Meeting Minutes April 7, 2020 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 L. Santellana - Mayor DeAndra Chenault - Mayor Pro Tern Tim Brewer - Councilors Jeff Browning - Steve Jackson - Michael Smith - Bobby Whiteley - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Mayor Santellana called the meeting to order at 8.31 a.m. Item 2a — Invocation Councilor Jackson gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3-5 — Consent Items 8:33 a.m. City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Brewer to approve items on the consent agenda. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley Nays: None Item 3 — Approval of minutes of the Mayor and City Council (a) Regular Meeting - March 17, 2020 (b) Special Meeting — March 25, 2020 (c) Special Meeting — March 27, 2020 (d) Special Meeting — March 31, 2020 Item 4a — Resolution 35-2020 Resolution approving of the submitted plat applications, Bridge Creek Estates Preliminary Plat and Bridge Creek Estates, Lot 1, Block 7 Final Plat, conforming to the Subdivision and Development Regulations of Appendix A Item 4b — Resolution 36-2020 Resolution authorizing award of bid for the City's estimated annual requirement of Class S Ready Mix to Falls Concrete, LLC in the amount of $260,000.00; Class A and Class C-C Ready Mix to Ingram Concrete, LLC in the amount of $86,200.00; and Curb & Gutter and Flowable Fill to OK Concrete Company in the amount of $105,850.00 Item 5 — Receive Minutes (a) Wichita Falls -Wichita County Public Health Board, January 10, 2020 (b) Wichita Falls Economic Development Corporation, January 16, 2020 Item 6a — Public Hearing & Ordinance 16-2020 8:35 a.m. CITY COUNCIL MINUTES April 7, 2020 Page 2 Public hearing and consideration of an ordinance to rezone +/- 14.72 acres of land located at 2515 Central Freeway East (12.04 Acres of Block 16, Cherokee County School Lands), 2651 Central Freeway East (Garner Addition, Lot 1, Block 1) and abutting right-of-way from Heavy Industrial (HI) to Light Industrial (LI) to allow for the expansion of commercial uses and development of a recreational fitness facility and food services; and amending the Land Use Plan from Industrial to Light Industrial Mayor Santellana opened the public hearing at 8:36 a.m. Terry Floyd, Director of Development Services, gave an overview of the parcels to be rezoned, and discussed the adjacent property that was recently rezoned to Light Industrial. Rezoning these parcels would allow for better continuity between the adjacent property and the Light Industrial area to the south. There were no additional public comments. Mayor Santellana closed the public hearing at 8:39 a.m. Moved by Councilor Chenault to approve Ordinance 16-2020. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley Nays: None Item 6b — Ordinance 17-2020 8:40 a.m. Ordinance accepting and appropriating a donation for expenditures specifically related to 2020 Census Public Awareness and Community Outreach Campaign for the Wichita Falls Census 2020 Complete Count Committee in the amount of $15,000. Moved by Councilor Brewer to approve Ordinance 17-2020. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES April 7, 2020 Page 3 Item 6c - Ordinance 18-2020 8:43 a.m. Ordinance making an appropriation to the Special Revenue Fund for Public Health Emergency Preparedness in the amount of $184,416 received from The Department of State Health Services and authorizing the City Manager to execute contract accepting same Moved by Councilor Chenault to approve Ordinance 18-2020. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley Nays: None Item 6d — Ordinance 19-2020 8:45 a.m. Ordinance authorizing acquisition by purchase and/or condemnation of 2 Permanent Drainage Easements and 13 Temporary Construction Easements (TCE) for the Taft Boulevard Road Widening Project from FM 2380 (Old Lake Road) to near FM 369 (Southwest Parkway); proposed and approved by the 2018 Bond Election as described in the commentary and ordinance language Moved by Councilor Smith to approve Ordinance 19-2020. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley Nays: None Item 6e — Ordinance 20-2020 8:49 a.m. CITY COUNCIL MINUTES April 7, 2020 Page 4 Ordinance amending ARTICLE VII. — REGULATIONS FOR DISPOSAL OF INDUSTRIAL WASTEWATER to incorporate revision concerning the Streamlining Rule Required Provisions set forth by the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) Moved by Councilor Chenault to approve Ordinance 20-2020. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley Nays: None Item 6f — Ordinance 21-2020 8:53 a.m. Ordinance continuing and modifying the Shelter in Place Order issued by the Mayor Santellana on April 3, 2020; declaring an emergency Moved by Councilor Brewer to approve Ordinance 21-2020. Motion seconded by Councilor Browning. Mr. Hegglund discussed the proposed changes to the order. Councilor Brewer asked how our order stands in relation to the one executed by Governor Abbott and what does it mean for the City that church services have been deemed essential. Mr. Hegglund explained that our order relates to the Governor's in the same way that it does to the county. Our order is subservient to both and the county subservient to Governor Abbott's order. Church services are allowed to continue under Governor Abbott's order but whenever possible church services are to be held virtually. If it is not possible to do so, then they are required to follow CDC guidelines. For our current level of outbreak, this would mean that church services are limited to no more than ten people. There was discussion about ending the order sooner than May 5t" to reflect the Governor's order. It is expected that the Governor will extend his past the current April 30t" end date. If he should choose to let it expire April 30t", then Council could meet to end our shelter -in -place sooner. Councilor Whiteley expressed concern about the current language of the order regarding golf courses which does not have an exception for family members and asked CITY COUNCIL MINUTES April 7, 2020 Page 5 if it could be amended. Mr. Hegglund indicated that this would need to be addressed by the County first as our order follows theirs. Councilor Browning asked if the current orders and the City's previous efforts are working to slow the spread of COVID-19. Ms. Kreidler stated that she is cautiously optimistic but that we are not out of the woods yet. There was discussion regarding enforcement pertaining to the golf course exception and shopping for essential items. Councilor Browning suggested limiting the shopping to one adult per household. Councilor Jackson asked for clarification on whether or not a household would be allowed to participate in outdoor recreational activities together. Mr. Hegglund confirmed that this was permissible. Councilor Smith asked for confirmation that if a carwash is open twenty-four hours they would still be required to have an employee there every six hours to sanitize the equipment. Mr. Hegglund affirmed that this was the case. Marie Balthrop, City Clerk, read the following public comments submitted via email: Josh — Asked why manufacturing plants like Howmet are still allowed to operate during the pandemic, and stated concerns with communication, disinfection, and employee health. Brooke Bush — Asked what can be done about Lowe's and how crowded they are every day. Tracy Flowers — Asked why factories that employ hundreds are not required to close for a couple of weeks to slow the spread. She expressed concerns of the high number of employees working side by side, and the possibility of taking the virus home to their families. Elena Vazquez — Asked about the safety of selling items online and the risk of the virus being carried on the items sold and delivered. Bobby — Stated that experts on television say we can open small businesses with social distancing guidelines, that people have to make money, and made comments about revenue going down and the city raising taxes. Kristianna Sanchez — Asked what would be done since citizens are not taking shelter in place seriously, discussed the high volume of people at Walmart that are not practicing social distancing, and citizens lying about their health and spreading the virus. Ms. Sanchez also asked about employers that are penalizing employees for taking sick days or being denied the right to stay home. CITY COUNCIL MINUTES April 7, 2020 Page 6 Becky Figueroa — Requested that mobile pet grooming be allowed to operate while applying social distancing practices. Unknown - Asked why liquor stores are open but tobacco shops are not, discussed issues with nicotine addiction, and how vaping is used to stop smoking. Requested that vape stores be allowed to open. Brian Gibson — Asked why leaders were not willing to make this a true shelter in place order. Questioned why the golf course and many stores remain open, and asked how bad it has to get before we truly shut down. Deon Blue — Suggested that there needs to be two weeks without any new cases before the shelter in place order is lifted, and suggested that it be mandatory to wear gloves and masks in public. Leasa Sweet — Stated that she thinks we still need to have the shelter in place order. Chesta Owens — Asked about the ability to trim shrubs/hedges. Jerry McGee — Asked that the Council consider actual data and not just models or projections when deciding on extending the shelter in place order, and stated he feels is too soon to extend the order. Leslie Rose — Asked that the Council consider an amendment to allow real estate agents to show homes in person. Ms. Rose stated her concerns about making an expensive offer on a home without being able to see it in person. Catrina Larey — Stated her concerns about her job in the durable medical equipment field and issues with her employer not allowing her to work from home. Ms. Larey discussed the Families First Coronavirus Response Act and stated her colleagues have the same concerns. Lisa Fudge — Asked how it was fair to shut down two local businesses that sell vaping products, but allow gas stations and other stores to sell these items. Blenda Britt — Stated her complaint about cigarette shops being non -essential, discussed the tobacco shops that have drive thru windows, and asked how this would be any different than purchasing food as cigarettes are essential to smokers. Margaret Jones — Asked if landscapers could be allowed to trim hedges for safety. Trey Sralla — Asked what a reasonable goal would be for infection per testing rate in order to move to a less restrictive social distancing ordinance, and asked if data would be the driving factor for that decision. CITY COUNCIL MINUTES April 7, 2020 Page 7 Stephen Lacke — Expressed his concerns as a licensed massage therapists (LMT) and not being able to provide services to his clients that are prescribed massage for mobility and pain relief. Mr. Lacke asked that Council consider allowing LMT's to practice wearing masks and practicing proper safety and sanitation protocols. Carol Hibbs — Requested that mobile pet grooming be allowed. Councilor Browning asked Mr. Hegglund to clarify the issue of smoke and vape shops. Mr. Hegglund indicated that they look at the primary purpose of a business and determine if they have a substantial inventory of essential goods. Tobacco is non- essential and initially the stores in town had a minimal amount of essential goods. Currently there is one smoke shop and one vape shop that are increasing the amount of essential goods they carry. Mr. Hegglund has agreed to re-evaluate any business that adjusts their business model and inventory. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Chenault, Jackson, Smith, and Whiteley Nays: Councilor Brewer Item 7a — Resolution 37-2020 9:49 a.m. 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 $26,000 to Anchored DT LLC, to renovate the existing building at 620 Ohio into a mixed use establishment Moved by Councilor Chenault to approve Resolution 37-2020. Motion seconded by Councilor Brewer. There was brief discussion about moving forward with the projects given the current economic situation, and it was stated that these projects would be funded with current funds. Councilor Jackson made a motion to table this item. Motion to table died for lack of a second. Main motion carried by the following vote: CITY COUNCIL MINUTES April 7, 2020 Page 8 Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley Nays: Councilor Jackson Item 7b — Resolution 38-2020 9:58 a.m. 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 $50,975 to Denton Keltner, dba Half Pint III LLC, to renovate the existing building at 809 Ohio into a mixed use retail and entertainment establishment Moved by Councilor Chenault to approve Resolution 38-2020. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley Nays: Councilor Jackson Item 7c — Resolution 39-2020 10:00 a.m. 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 $100,000 to Arts Council, Wichita Falls Area, Inc. to renovate the existing entertainment venue at 2120 Speedway Avenue otherwise known as "The Forum" Moved by Councilor Chenault to approve Resolution 39-2020. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley Nays: Councilor Jackson Item 7d — Resolution 40-2020 10:03 a.m. CITY COUNCIL MINUTES April 7, 2020 Page 9 Resolution authorizing award of bid to SHI Government Solutions in the amount of $140,238 for a Cohesity Enterprise Data Backup Solution Moved by Councilor Brewer to approve Resolution 40-2020. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley Nays: None Item 7e — Resolution 41-2020 10:06 a.m. Resolution authorizing the City Manager to award the Lake Kickapoo Dam Upstream Slope Repair to Wilson Contracting in the amount of $2,835,500.00 Moved by Councilor Brewer to approve Resolution 41-2020. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley Nays: Councilor Jackson Item 8a — Staff Report — COVID-19 Update 10:11 a.m. Lou Kreidler, Director of Health, stated that one thousand thirty individuals have been tested with nine hundred sixty-seven negative, two hundred fifteen pending, and forty- eight positive. Of the positive cases, nine are hospitalized, thirty-three are recovering at home, and six have been cleared. Ms. Kreidler stated that of the positive cases nineteen that are travel related, twenty-two have had contact with a previous case, and seven cases are community spread. The Health District receives between eighty-five to one hundred tests each day and approximately the same amount of results. This is why the number of pending tests stay consistent. Ms. Kreidler stated that the bulk of the cases were received around March 23rd and March 24t". This would indicate that this week is crucial to verifying spread as contacts of those cases will begin exhibiting symptoms. Ms. Kreidler thanked those who are strictly following the guidelines and asked others to follow in their example. Staff is currently looking for a location for a CITY COUNCIL MINUTES April 7, 2020 Page 10 stand-up clinic in the event it becomes necessary, and there is daily communication between staff and all local hospitals. Ms. Kreidler thanked Council for their efforts and for implementing shelter -in -place. She stated that this week is National Public Health Week and the Health department would normally have sponsored a health fair and had a proclamation, and she is thankful for her staff's hard work and dedication. Mayor Santellana thanked Ms. Kreidler and her staff. Ms. Kreidler expressed appreciation for other departments all coming together during this time to address this public health concern. Councilor Whiteley asked about antibody tests and the availability of personal protective equipment (PPE). Ms. Kreidler gave a description of the test and stated that some supplies have been received. Mr. Leiker commented that our first responders were not in critical status or would be unable to respond due to lack of PPE. Councilor Smith asked about state, local, or federal data that is being used to make professional projections up to this point, what is happening now, and what can be expected in the future. Ms. Kreidler stated the Health District monitors its own data including the number of cases, the number of tests, and the number of contacts to cases. They make projections on the potential number of positives to come from those who have been tested and those who are contacts to a case. The numbers have not doubled as initially expected. Ms. Kreidler stated this may be from how closely they are monitoring contacts of cases. She also stated that they are looking at other data sources, but that there are still a lot of unknowns. The outcomes of all this will be largely dependent upon how seriously the community takes shelter -in -place and individuals making sure to stay home if they feel ill. Councilor Jackson asked how many of the positive cases will be released from quarantine in the coming two weeks. Ms. Kreidler stated that there are guidelines that the individual must meet before someone can be considered for release. Councilor Jackson also asked where the closest death from COVID-19 is to Wichita County. Ms. Kreidler was not certain but believes it to be in Denton. Councilor Brewer asked if someone who gets tested goes directly into quarantine. Ms. Kreidler stated they go into self -isolation and dependent upon a positive result would then go into quarantine. Item 8b — Items of Concern to Members of the City Council 10.25 a.m. Councilor Smith thanked the Health District and all city staff for their hard work. CITY COUNCIL MINUTES April 7, 2020 Page 11 Councilor Browning also expressed his thanks. Councilor Jackson stated his belief that shelter -in -place is working. He remains hopeful, but expressed that if it gets worse things will be need to be stricter. He thanked medical and health professionals. Councilor Brewer was thankful for the opportunity to serve Wichita Falls and asked the community to reach out if they need anything. Mayor Santellana echoed Ms. Kreidler's comments and urged the public not to get a false sense of security. Item 9 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 10:30 a.m. Ms. Balthrop read the following citizen comments received via email: Kimberly Spangler — Expressed her concern about speeding in her neighborhood on Wilson Ave. Patricia Mowery — Requested assistance for citizens in Wichita Falls that have been furloughed due to the pandemic, and expressed frustration with trying to apply for assistance. Carmen Anderson — Expressed concerns with mosquitoes becoming active. Ms. Kreidler spoke to Ms. Anderson's concerns, discussed precautions the Health Department is taking and asked public to take precautions as well. Paul Hillman — Suggested that due to the economic impact of the pandemic, the City and County should both consider a freeze on salaries and benefits to include all step, merit, and COLA increases. Item 10 — Executive Session 10:33 a.m. No executive session was held. Item 11 —Adjourn CITY COUNCIL MINUTES April 7, 2020 Page 12 Mayor Santellana adjourned the meeting at 10:34 a.m. PASSED AND APPROVED this 21st day of April, 2020. ATTEST: Marie Balthrop, T '.MC, CMC City Clerk 50��_ 04 to en L. Santellana, Mayor CITY COUNCIL MINUTES April 7, 2020 Page 13