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Min 07/21/2020A), 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 July 21, 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 DeAndra Chenault Tim Brewer Jeff Browning Steve Jackson Michael Smith Bobby Whiteley Darron Leiker Kinley Hegglund Marie Balthrop - Mayor - Mayor Pro Tern - Councilors - City Manager - City Attorney - City Clerk Mayor Santellana called the meeting to order at 8.30 a.m. Item 2a — Invocation Pastor Scott Franks, Edgemere Church of Christ, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3-4 — Consent Agenda 8:33 a.m. City Manager Darron Leiker gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Browning 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 July 7, 2020 Regular Meeting of the Mayor and City Council Item 4 — Receive Minutes (a) Wichita Falls Metropolitan Planning Organization Transportation Policy Committee, January 29, 2020 (b) Wichita Falls Economic Development Corporation, May 21, 2020 Item 5 — Ordinance 43-2020 8:34 a.m. Ordinance determining the continued placement of the Sons of our Southland memorial monument on the grounds of Memorial Auditorium. Moved by Councilor Chenault to approve Ordinance 43-2020. Motion seconded by Councilor Browning. Julia Vasquez, Deputy City Attorney, discussed the four options proposed in the Ordinance. Mayor Santellana allowed comments from the public at this time. Mel Martinez, 4622 Dennis Blvd., addressed the Council and discussed his reasons for, and support of either relocating the monument or adding a plaque to the monument. CITY COUNCIL MINUTES July 21, 2020 Page 2 Katie Bindel of Wichita Falls addressed the Council and discussed harassment and threats she and others have received, and concerns with Police response. Ms. Bindel asked the Council to vote in favor of removing the monument from city owned property. Gina Waters of Wichita Falls addressed the Council and discussed her views concerning racism and support of removing the monument. Ms. Waters discussed conversations she had with individuals on the opposing side in hopes of reaching a consensus. She stated that although they agreed to disagree on some aspects, they all agreed that the monument is a part of a deafening and segregated past. Nathan Jun of Wichita Falls addressed the Council and urged the Council to vote in favor of removing and relocating the monument based on facts, and not personal or political reasons. Mr. Jun discussed various reasons supporting the removal or relocation, threats he received, and vandalism at his home. Tanner Lucking of Wichita Falls addressed the Council and discussed his opinion in support of removing the monument, and urged more people of color to get involved in this issue. Cathy Dodson of Wichita Falls addressed the Council and discussed her opinion in support of keeping the monument, her success in Wichita Falls, and how she never felt the monument held her back. Ms. Dodson urged individuals not to focus on the monument, but to find ways to help black citizens in ways that matter. Gary Hopkins of Iowa Park addressed the Council and discussed his opinion in support of keeping the monument, and his views on the media and history. Mr. Hopkins discussed how various topics that are not offensive to some are offensive to others. Barbara Forrest of Wichita Falls addressed the Council and discussed her opinion in support of relocating the monument. Ms. Forrest stated that she is not speaking on behalf of any group and only speaking for herself, and discussed how decisions should be made on facts and not emotion. She stated that symbols of racism from the past should not be on public property. Charles E. Barr, 2100 Indian Heights, addressed the Council and discussed his opinion in support of keeping the monument, concerns of what individuals will want to remove next, and concerns regarding erasing history. Audra Lambert of Wichita Falls addressed the Council and discussed her opinions in support of relocating the monument, and placing a plaque on the pedestal commemorating when it was removed. Ms. Lambert discussed concerns with the opposition gathering in the same location without a permit or masks, and expressed her concern that a member of the City Council was part of the opposition group that attended an unpermitted gathering without wearing a mask. CITY COUNCIL MINUTES July 21, 2020 Page 3 Chris Jarvis, 2828 Lansing Blvd., addressed the Council and read excerpts from various historical documents expressing white supremacy and racism, discussed his opinion on removing the monument, and suggested relocation to a museum or other appropriate location. Eric Luster of Wichita Falls addressed the Council and discussed his opinion and views in support of removing the monument from public property. Rachelynn Anthony of Wichita Falls addressed the Council and discussed her views of racism, the recent displays of racism in Wichita Falls, the lack of response from the City and Police Department, and various reasons she supports the removal of the monument. Ms. Anthony stated she felt Councilor Jackson should recuse himself from the discussion. E.A. Jackson, 1809 Las Cruces Lane, addressed the Council and discussed his desire to establish an understanding between the opposing sides. Mr. Jackson discussed history of the Civil War and Jim Crow laws, and gave his opinion in support of removal of the monument. Mr. Jackson read the letter to the editor he sent to the Times Record News. Marie Balthrop, City Clerk, read emails from the following individuals: Dave Hodges, a resident of and business owner in Wichita Falls, discussed his view on the monument, and suggested the only fair way is to put the issue on the November ballot. He expressed concern that the removal of the monument will lead to the request to remove other items that offend someone such as nativity scenes, flags, and crosses. Tina Smith discussed her feelings on the removal of any historic relic regardless of the medium. She suggested that citizens petition for a new monument that represents the African American community and our diverse culture. David Coleman, 1634 Victory Ave., suggested that we erect a new additional monument to recognize and honor the suffering of Black Americans in an effort to provide a reminder of past wrongs and confirm the commitment to heal our community and treat everyone with respect and dignity. Ashley McErlean discussed her opinion and views in support of removal of the monument. She discussed issues with population growth, and that in order for our community to grow we must make ourselves appealing to young, educated workers. Ms. McErlean discussed that cultural diversity and progressive views are what attract younger generations, and questioned how we can offer that if we are clinging to the past. She feels that removing the monument is the first small step toward creating a community that young people will want to be a part of saving. CITY COUNCIL MINUTES July 21, 2020 Page 4 Paul Hillman asked if any consideration had been given for input from the Daughters of the Confederacy Chapter 1448 before a decision is made to discuss the terms of the original dedication, and how removal or any change to the monument could cause legal issues and become a financial burden on the City. Councilor Smith pointed out that it has been 155 years since the end of the Civil War, discussed his great grandfathers experiences during the Civil War, and how the monument was erected 69 years after the war and 52 years after the City of Wichita Falls was founded. This time of the Jim Crow era was burdened with a hateful attitude by some in our society towards others, and this monument was born in that time. He cannot imagine the misery and sadness experienced during that time. Although we do not want to destroy history, he feels we need a fresh start for the good of our City and this is an opportunity to cleanse our society of the hurt and pain of the last 155 years. Councilor Jackson stated that his family and property have been threatened as well. When he was elected to be a City Councilor, he did not give up his freedom of speech. His had ancestors fight on both sides, and we do not need to destroy history or we are bound to repeat it. Councilor Chenault stated that her suggestion is for the voters to take this to an election. She believes in freedom of speech, but she does believe that Councilors should be held to a higher standard, and they should be mindful of their actions as Councilors. Councilor Whiteley is not sure where the common ground is, but thanked everyone for coming to speak today. He suggested a fifth option, which is to speak to the City Clerk to discuss a petition to place the issue on the ballot. He does not feel that the seven people on the Council should make this decision. He is disheartened that we have a health issue, and economic issue, and the monument has taken over and distracted us from both of those issues. Councilor Browning discussed the initiative petition and encouraged citizens to visit the City Clerk's office for the details. He does not feel that the Council should make this decision and that it is their responsibility to represent all people of Wichita Falls. In order to do that he feels we should have the citizens bring the initiative forward for a binding election decision. He stated although Councilors are held to a higher standard, they do have the right to freedom of speech, and should not be singled out for expressing their opinions. Mayor Santellana agrees that it is a tough decision to be made by a Council of seven. This is a charged issue and decisions do not need to be made based on emotions, but on their responsibility to be stewards for all citizens. His personal opinion is that it will take a lot more than a monument to shake his value system, shake his heritage, or detract from who he is. Mayor Santellana thanked all of the citizens for coming out to CITY COUNCIL MINUTES July 21, 2020 Page 5 speak today; he appreciates every opinion, and can see both sides of the argument. He feels the citizens should utilize the petition process to get the issue placed on the ballot. Councilor Smith made a motion to amend the main motion for the Council to approve option 2, the removal and storage of the Sons of Our Southland memorial monument until an appropriate location is found for its placement. Councilor Smith requested a roll call vote. Motion seconded by Councilor Chenault, and failed with the following roll call vote: Ayes: Councilor Smith, and Councilor Chenault Nays: Councilor Brewer, Councilor Jackson, Councilor Browning, Councilor Whiteley, and Mayor Santellana. Moved by Councilor Jackson to amend the main motion to place the issue on the ballot for the November election. It was discussed that option 4 for Council to require an election would be a non -binding election and the final decision would still come back to the Council after the election, as opposed to an initiative election petitioned by citizens that would be a binding vote. Ms. Vasquez discussed the initiative petition requirements per the City Charter to require an election, and the referendum process that could be used to petition an election to reverse council action. The motion failed for a lack of second. Moved by Councilor Browning to cease discussion. Motion sectioned by Councilor Smith. Councilor Jackson stated that if the vote is to remove the monument he wanted to make sure taxpayer dollars are not used to pay for the removal. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley Nays: None Item 6 — Resolution 66-2020 10:32 a.m. CITY COUNCIL MINUTES July 21, 2020 Page 6 Resolution authorizing the City Manager to award bid and contract for the Faith Village Phase 1 Concrete Channel Repair to Duke Holding Company, Inc. dba Duke Construction Co. in the amount of $81,780.00. Moved by Councilor Browning to approve Resolution 66-2020. 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 7 — Items of concern to members of the City Council 10:34 a.m. Lou Kreidler provided an update on COVID-19. In the past two weeks, there have been 238 new cases, and 6 deaths. As of yesterday evening, we have had 751 positive cases, 45% between the ages of 20-39, 28% of the cases have recovered, and we continue to see a high number of cases with community spread, close contact, and contact to a case being the primary modes of transmission. Ms. Kreidler discussed the process and different factors considered for clearance from quarantine. She encouraged everyone to wash their hands, disinfect surfaces often, and to wear a mask when social distancing is not possible. Councilor Smith stated that big box stores are requiring masks and asked who will enforce this. There was brief discussion regarding that the ability of the business to enforce the mask requirement, how the Governor's order makes enforcement difficult, and that the Police can assist retailers with barring people that do not comply, or arrest or issue citations for disorderly conduct, etc. per the Code of Criminal Conduct. Councilor Brewer thanked everyone that attended and spoke for and against the monument. He agrees that it is not the Councilors right to make the decision, and it should be up to the citizens to petition for an election. Regarding masks, he feels we live in the United States of America and should be able to make our own decisions, but you should make a healthy decision. He shared positive news that there is a new Starbucks going up on Southwest Parkway, a possible new Chick-Fil-A and the new hotel going up behind Whataburger on McNeil. Councilor Jackson thanked everyone that came out, and stated that we live in America and can agree to disagree. We all have freedom of speech. He stated that he, his family and his property have been threatened. He would like us to come together as a Christian community and put the Lord first and He will take care of us. He agrees with CITY COUNCIL MINUTES July 21, 2020 Page 7 Councilor Whiteley that the pandemic and economic crisis are bigger issues than the monument. He thanked Councilor Browning and the Mayor for standing up for him today, and wished everyone a blessed day. Councilor Browning discussed the mask issue and asked everyone to think about small local businesses, and how we need to take steps that will allow the businesses currently closed to reopen. He personally does not agree with wearing a mask, but he wears one because it is the right thing to do to help reopen all businesses. Councilor Smith agreed with Councilor Browning regarding masks. Concerning the monument, he appreciates everyone's interest and participation, and appreciates the Council. The process works as three Councilors came together to request the agenda item. He agrees in allowing the citizens an opportunity to petition for a vote. Councilor Whiteley stated that Councilor Brewer is correct, we have some positive things to think about and that is where we need to focus our energy. At the last Council meeting, we approved funding for an issue that could be one of the biggest economic boosts in our city in quite some time. It is imperative that our media take an active role reporting on the positive things happening in the community. Let us focus on our healtr and our economy and take the high road. Councilor Chenault said good morning and thanked everyone that came out to speak this morning. Mayor Santellana thanked everyone that spoke today and thanked Councilor Smith for working to get this item on the agenda. Masks are becoming a part of life and local bars are asking people to wear masks so they can reopen. Washing and sanitizing our hands is also one of the best things we can do. He appreciates all of the citizen interaction and discussed the importance of citizens having a voice. Regarding the remarks about the Police Department not caring, he does not agree with that at all. Our officers are here to serve and protect. A priority protocol is followed in regards to the order in which calls are answered, and that does not mean the officers do not care. Our officers are trained to see both sides and to allow both sides to have their constitutional rights, and they do a wonderful job. Councilor Jackson thanked those that came out for the Bridge the Blue event at the Courthouse this weekend. It was a nationwide event to support Police Departments. He encouraged both sides to stop the threats and defacing of property. We cannot bridge this gap with threats and destruction. We need to come together as a community in faith and he appreciates the Pastors of the churches in our community. Item 8 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda CITY COUNCIL MINUTES July 21, 2020 Page 8 10.55 a.m. There were no comments from citizens. Mayor Santellana recessed the meeting at 10.55 a.m. The meeting reconvened at 12.30 p.m. Item 9 — Work Session to Consider Proposed FY 2020-2021 Budget Jessica Williams, Director of Finance/CFO, presented an overview of the General Fund, Water Fund, Sanitation Fund, and other funds for the 2020-2021 budget. Staff encouraged the Mayor and Councilors to reach out to them to discuss any ideas or changes they may have. Item 10 —Adjourn Mayor Santellana adjourned the meeting at 2.20 p.m. PASSED AND APPROVED this 4t" day of August 2020. ATTEST: Marie Balthrop, Tr MC, MMC City Clerk Y4.-L- 'Z '�Z� Stephen L. Santellana, Mayor CITY COUNCIL MINUTES July 21, 2020 Page 9