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Min 06/15/2021 City of Wichita Falls s �,�4 ��4 . City Council Meeting .�- Minutes \IAlic4i4 June 15, 20211 Atsf ` TEXAS �T,y�'�:�L�.,�,�? S/ueSkie 4e/de 0riportureW 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 L. Santellana - Mayor DeAndra Chenault - Mayor Pro Tem 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 8:30 a.m. Item 2a — Invocation Reverend Al Easterling, St. Mark's United Methodist Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3-4— Consent Items 8:32 a.m. Darron Leiker, City Manager, gave a briefing of the items listed under the Consent Agenda. Moved by Councilor Browning to approve the 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 June 1, 2021 Regular Meeting of the Mayor and City Council Item 4 — Receive Minutes (a) Civil Service Commission, December 3, 2020 (b) Wichita Falls Economic Development Corporation, March 18, 2021 (c) Wichita Falls 4B Sales Tax Corporation, April 29, 2021 (d) Lake Wichita Revitalization Committee, May 11, 2021 Item 5a — Ordinance 18-2021 8:33 a.m. Ordinance making an appropriation to the Special Revenue Fund for the Community and Clinical Health Bridge Project (CCHB) in the amount of$11,875 received from the Department of State Health Services. Moved by Councilor Brewer to approve Ordinance 18-2021. 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 5b — Ordinance 19-2021 8:34 a.m. CITY COUNCIL MINUTES June 15, 2021 PAGE 2 OF 8 Ordinance authorizing the City Manager to execute all documents and appropriation necessary to complete payment of ancillary charges owed by the City to Gexa Energy for energy used during Winter Storm Uri. Moved by Councilor Chenault to approve Ordinance 19-2021. Motion seconded by Councilor Browning. Jessica Williams, Director of Finance/CFO, discussed the almost $32 million charged to the Texas Coalition for Affordable Power (TCAP) members, and the $1.34 million charged to the City of Wichita Falls that will be paid out of the Water/Sewer fund reserves. Margaret Somereve, TCAP Executive Director, discussed the ancillary charges, the breakdown of charges on the bill, and the congestion surcharge passed through from the Electric Reliability Council of Texas (ERCOT). Ms. Somereve stated that energy prices surged to $9,000/MWh, and ancillary charges surged to over $25,000/MWh that resulted in $31,458,138 of new costs to TCAP in February. There was discussion regarding a recommendation from the Independent Market Monitor to reprice all ancillary charges down to a $9,000/MWh cap, proposed legislation to correct pricing issues that passed in the Senate but not in the House, and the Public Utility Commissions (PUC) refusal to reprice the charges. Ms. Somereve discussed the ancillary services paid directly by TCAP in the past of approximately $4,411,000 since 2018, and how charges resulting from the winter storm are too high for TCAP to cover. Discussion was held regarding payment, and it was noted that it is in the City's best interest and would save taxpayer dollars if they pay in full now due to interest charges. Should there be a decision later to reduce the charges the City would be reimbursed. Council discussed issues with ERCOT and the PUC; the effects these charges had across the state and on non-profits; concerns with lack of action by the Texas Legislature; possible legal actions being taken; and how all providers and users will be affected by these charges. Councilor Chenault discussed the TML ERCOT Advisory Council she is serving on and the meeting that will be held June 29, 2021. Ms. Somereve discussed SB 2 and SB 3 that were approved and how they address some of the issues going forward such as a $9,000 price cap for all services, and implementing an emergency information team. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 5c — Ordinance 20-2021 9:01 a.m. CITY COUNCIL MINUTES June 15, 2021 PAGE 3 OF 8 Ordinance making an appropriation to the Special Revenue Fund in the amount of $5,000.00 for reimbursement funding from the Treasury Executive Office for Asset Forfeiture (TEOAF) Reimbursement Program administered by the Office of the Secret Service Administration. Moved by Councilor Browning to approve Ordinance 20-2021. Motion seconded by Councilor Chenault and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 6a — Resolution 66-2021 9:04 a.m. Resolution authorizing the City Manager to approve Change Order No. 1 for the 2021 Asphalt Street Rehabilitation Project to Freeman Paving, LLC in the amount of $109,583.50 for the replacement of asphalt at the 7th Street railroad crossing and a section of W. Arrowhead Drive. Moved by Councilor Chenault to approve Resolution 66-2021. Motion seconded by Councilor Jackson. Dr. Barbosa with WECAN thanked the council for their support and persistence to get this agreement, and expressed his appreciation to all staff involved. He stated the project does not solve the problem of trains blocking the crossing to the downtown area and that WECAN is advocating for a pedestrian crossing over the train tracks. Dr. Barbosa discussed the need for shelter for pedestrians waiting for the train to pass especially during extreme weather. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 6b — Resolution 67-2021 CITY COUNCIL MINUTES June 15, 2021 PAGE 4 OF 8 9:10 a.m. Resolution authorizing the City Manager to award bid and contract for the 2021 Sewer Budget Utility Improvements Project Phase Ito Insituform Technologies, LLC in the amount of$188,254.00. Moved by Councilor Brewer to approve Resolution 67-2021. 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 6c — Resolution 68-2021 9:13 a.m. Resolution re-appointing Troy Farris, Ed.D. to the Wichita County-City of Wichita Falls Hospital Board. Moved by Councilor Brewer to approve Resolution 68-2021. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None Item 6d — Resolution 69-2021 9:14 a.m. Resolution approving the programs and expenditures of the Wichita Falls Type B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $250,000 to Will Kelty, dba 713 Indiana LLC, to assist in the demolition of the dilapidated building and subsequent reconstruction at 713 Indiana Ave downtown. Moved by Councilor Chenault to approve Resolution 69-2021. Motion seconded by Councilor Browning. CITY COUNCIL MINUTES June 15, 2021 PAGE 5 OF 8 Paul Menzies, Assistant City Manager, discussed the long-term issues with this property and the downtown reinvestment project to assist with demolition and reconstruction. The structure of the agreement is to reimburse 50% of costs up to $250,000 reimbursed at 1/3 upon completion of demolition, 1/3 upon issuance of a building permit, and 1/3 upon issuance of a Certificate of Occupancy for the new structure. Will Kelty, 713 Indiana, LLC, addressed the council, and discussed the need to address the building, the timeline, and the amount of private funds being invested. The demolition permit has been issued, and asbestos abatement is being completed. Mr. Kelty discussed the short time between the demolition and rebuild due to liability and safety issues, and preserving as much of the original structure as possible. The intent is to use the building for office space and Mr. Kelty already has a tenant in mind. Council discussed the benefits of the project to the downtown area; possibly saving the façade; consequences if Mr. Kelty does not complete the project; and the previous plan to build a parking lot on this property. Councilor Whiteley discussed a typographical error in the Resolution under item 1. Councilor Whiteley made a motion to amend the main motion to correct the amount under item 1 to not to exceed $250, 000. Motion to amend was seconded by Smith and approved by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Jackson, Smith, and Whiteley. Nays: None The amended main motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Chenault, Smith, and Whiteley. Nays: Councilor Jackson Item 7 — Other Council Matters — Announcements concerning items of community interest from members of the City Council 9:40 a.m. Councilor Jackson thanked the DAV for inviting him to Memorial Stadium for Flag Day. He looks forward to working with DAV in the future. Stay positive and remember we are the City that faith built. CITY COUNCIL MINUTES June 15, 2021 PAGE 6 OF 8 Councilor Brewer thanked everyone for coming out today and encouraged citizens to call him with issues, but to speak politely and not swear at him. He is willing to speak to anyone or hold a town hall if needed as he is here to work for the citizens. Councilor Chenault thanked everyone for coming out and watching live. Congrats to Mr. Kelty on his project. Councilor Smith discussed federal funding through the American Rescue Act and asked that Council see the options available and be part of the decisions made on how to spend the funds. He understands that there is a wide range of projects that these funds can be used for and he would like the Council to look at all of the ways funds can be used. Last Friday-Saturday the Community Healthcare Center sponsored a Vacs-a- Thon providing COVID vaccines and provided free sports physicals. It was a 24 hour event at the MPEC, and a giant chicken was present telling individuals to not be a chicken and get the vaccine. Reminder that President Biden named June a national month of action with a goal of 75% vaccinated with at least one shot nationwide, and he encouraged citizens to get vaccinated. Councilor Chenault said Happy Father's Day to all fathers. If your father is still in your life, do something nice for him. Saturday is Juneteenth and there will be events at Spudder Park. Happy July 4th since we will not meet again until after the 4th Mayor Santellana stated that Saturday is his birthday, Juneteenth, and there is a Bridge 2 Bridge event to support veterans, and there will be around 700 cars. He discussed Councilor Brewer being sworn at and encouraged citizens to speak civil with him and the Council. He asked Mr. Leiker about the Council's involvement in the American Rescue Act funds. Mr. Leiker stated that they will keep the council apprised of the parameters for the funds, and it will be discussed during the prebudget workshop on July 6th where Council will be able to provide feedback. Councilor Jackson asked about Quick Trip project. Mr. Leiker and Terry Floyd, Director of Development Services, both stated that they build in a sequence and we are in the que. City staff will reach out to them and provide an update. Councilor Jackson discussed the asbestos issues and asked about estimated date of completion. Councilor Jackson asked Henry to speak regarding Panda Biotech, and Mr. Hegglund stated this would be addressed in Executive Session. Mayor Santellana said Happy Father's Day, do something nice for your dad. Item 8 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 9:49a.m. There were no comments from the public. CITY COUNCIL MINUTES June 15, 2021 PAGE 7 OF 8 Item 9 — Executive Session 9:49a.m. City Council adjourned into Executive Session at 9:49 a.m. in accordance with Texas Government Code §551.087. City Council reconvened at 10:40 a.m. Mayor Santellana announced that no votes or polls were taken. Item 10 —Adjourn Mayor Santellana adjourned the meeting at 10:40 a.m. PASSED AND APPROVED this 6thday of July 2021. Stephen L. Santellana, Mayor ATTEST: Nan,G( Marie Balthrop, T MC, MMC City Clerk CITY COUNCIL MINUTES June 15, 2021 PAGE 8 OF 8