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Min 11/16/2021 City of Wichita Falls City Council Meeting .� Minutes 4;1;44 November 16, 2021 $ „,- $/tri5kieS 4e/deftC porttautie5 I Ian AL . 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 Major Kim Feinauer, Salvation Army, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Presentation — Check Presentation from the Rotary Clubs of Wichita Falls for Playground Equipment at Rotary Park 8:32 a.m. Rotary Clubs of Wichita Falls presented a check to Mayor Santellana and the City Parks Department for $53,000 to be used for new playground equipment at Rotary Park. Funds were raised from Flag sells, individual Rotarian donations, donations in memory of Dr. Phil Stevenson and other charitable contributions received during the Texoma Gives event. Item 3b — Presentation — 2021 Texas Municipal Clerk of the Year, Marie Balthrop 8:38 a.m. Dr. Amy Holt, Education Director for the Texas Municipal Clerks Certification Program, presented Marie Balthrop, City Clerk, with the 2021 Texas Municipal Clerk of the Year award. Item 4 — Administration of Official Oath to Newly Elected Council Members 8:44 a.m. Marie Balthrop, City Clerk, administered the Oath of Office to newly elected council members Bobby Whiteley, Councilor At-Large, Michael L. Smith, Councilor District 1 , and Larry Nelson, Councilor District 2. Item 5 — Recess 8:48 a.m. Mayor Santellana recessed the meeting for a brief reception to bid farewell to DeAndra Chenault, Mayor Pro Tem/Councilor District 2, and welcome Larry Nelson, newly elected Councilor District 2. Council returned to open session at 9:24 a.m. Item 6-8 — Consent Items 9:24 a.m. CITY COUNCIL MINUTES June 1,2021 Page 2 Darron Leiker, City Manager, gave a briefing on 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, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 6 — Approval of Minutes (a) November 2, 2021, Regular Meeting of the Mayor and City Council (b) November 9, 2021, Special Meeting of the Mayor and City Council Item 7a — Resolution 138-2021 Resolution authorizing the City Manager to award bid and contract for the 2022 Crack Seal Project to Freeman Paving, L.L.C. in the amount of$99,645.00. Item 7b — Resolution 139-2021 Resolution authorizing the purchase of a HAZMAT Elite FTIR Spectrophotometer to replace Water Purifications HAZMAT ID FTIR Spectrophotometer, from Smiths Detection, INC., in the amount of $62,065.88. Item 8 — Receive Minutes (a) Wichita Falls Metropolitan Planning Organization Technical Advisory Committee, July 8, 2021 (b) Wichita Falls Metropolitan Planning Organization Transportation Policy Committee, July 21, 2021 (c) Wichita Falls 4B Sales Texas Corporation, September 2, 2021 (d) Wichita Falls Park Board, September 23, 2021 (e) Lake Wichita Revitalization Committee, October 12, 2021 (f) Planning & Zoning Commission, October 13, 2021 Item 9a — Ordinance 61-2021 9:26 a.m. CITY COUNCIL MINUTES June 1,2021 Page 3 Ordinance closing and abandoning an alley between 15th Street and Kell West immediately behind 1501 - 1511 Lamar and out of Block 225, Original Town Addition, Wichita County, Wichita Falls, Texas, containing approximately 6,355 square feet as depicted and indicated on the attached plat map. Moved by Councilor Brewer to approve Ordinance 61-2021. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith. Nays: None Abstained: Councilor Whiteley (Filed 171 Conflict of Interest affidavit prior to the meeting) Item 9b — Ordinance 62-2021 9:29 a.m. Ordinance amending Ordinance No. 50-2019 by declaring 1512 Tilden to be a dangerous structure; requiring the property owner to demolish said structure within thirty (30) days and declaring an emergency and immediate effective date. Moved by Councilor Brewer to approve Ordinance 62-2021. Motion seconded by Councilor Browning. Terry Floyd, Director of Development Services, discussed the timeline for the dangerous structure declaration, the lack of progress on the property, ownership changes, and fire damage the property sustained. The Landmark Commission design review and their first deadline for completion of the project have both expired. Staff recommends approval of the Ordinance without allowing any additional time for repairs. This has been an ongoing issue for over two years with a significant number of complaints from citizens in the neighborhood. Councilor Smith discussed complaints he has received on this property and asked to hear from the property owner. Mr. Danial Mbalule, 2408 Fain Street, addressed the Council as the current owner of the property. He presented additional photos of the home and acknowledged that it has taken quite some time to make progress on the home. He discussed issues he experienced with permitting and the difficulty he has had finding laborers, which delayed his progress. He stated that he now has the labor and help needed to move forward with the project. CITY COUNCIL MINUTES November 16, 2021 PAGE 4 OF 13 Mayor Santellana asked for the proposed timeline. Mr. Mbalule stated that he plans to have it water tight by spring, and then move forward. Councilor Smith asked if Mr. Mbalule owned the house, and if he had insurance on the home. Mr. Mbalule stated he owns the home but he purchased it after the fire. Mr. Mbalule stated that he is the contractor and has sub-contractors, but has had issues finding laborers. Mr. Leiker asked what the project budget is and Mr. Mbalule stated that his budget is $40,000 - $100,000. It was noted that Mr. Mbalule agreed on the three month deadline given to him two years ago. Mr. Mbalule discussed communication issues he has experienced. Mayor Santellana discussed the length of time and lack of progress on the project. Council wants to see derelict structures repaired, but neighbors should not be expected to live close to this structure for an extended length of time. Mr. Mbalule stated he has the money and labor to complete the project beginning with the foundation, framing, roofing, and then windows. Councilor Nelson stated that by looking at the pictures he feels Mr. Mbalule may be working in the wrong direction. He suggested that Mr. Mbalule work with a contractor to receive guidance. Mr. Nelson discussed issues he saw with the work that has been completed so far not being done correctly. Councilor Jackson asked how many permits he has had. Mr. Mbalule stated that he has had three permits over the past two years, and discussed how COVID has affected his ability to find sub-contractors. Wayne Smith, Chief Building Official, addressed the Council and stated there has been one permit with multiple extensions. He addressed Mr. Mbalule's communication concerns, and stated that the structure damage was not only from the fire, but was also due to weather exposure over the past two years. There are substantial foundation issues, the framing installed has not been installed correctly and it has been exposed to the elements. Mr. Smith stated that he asked for the loose dangerous brick to be removed, but not that all of the brick be removed. The goal was to remove the hazardous brick and secure the home. Mayor Santellana asked Mr. Smith to give his opinion on restoring the property. Mr. Smith stated there is not one part of the house that will not require work, including all new plumbing, electrical, and mechanical work. There was brief discussion regarding what work Mr. Mbalule feels needs to be done versus what will have to be completed. It was noted that the budget Mr. Mbalule stated he has available is not enough to cover the work CITY COUNCIL MINUTES November 16, 2021 PAGE 5 OF 13 required. Mr. Mbalule stated that he is not concerned about the cost. Mayor Santellana discussed the concerns with the timeliness of the project completion. Cody Melton, Fire Marshall, discussed his experience with the structure, stated the second floor is a hazard, and that this structure is dangerous and someone could be injured if they were to go into the home. Mr. Melton discussed the 30 day extension and that no work was completed in that timeframe. Mr. Melton stated this property is a dangerous structure. Councilor Smith called for a vote. Motion to call a vote seconded by Councilor Browning and carried with all in favor. Main motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 9c — Ordinance 63-2021 10:19 a.m. Ordinance amending Chapter 94, Section 266 to require equipment to be installed underground, providing codification. Moved by Councilor Browning to approve Ordinance 63-2021. Motion seconded by Councilor Smith. Russell Schreiber, Director of Public Works, addressed the fiber optic work being completed and the authority of these companies to use city rights-of-way to install the fiber. Mr. Schreiber discussed the current issues with current junction boxes being installed above ground. This ordinance would require a flush mount junction box, pull box, or vault moving forward. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None CITY COUNCIL MINUTES November 16, 2021 PAGE 6 OF 13 Item 10a — Resolution 140-2021 10:25 a.m. Resolution authorizing the City of Wichita Falls' adoption and approval of the Texas Opioid Abatement Fund Council and Settlement Allocation Term Sheet (Texas Term Sheet) approving the allocation of any and all opioid settlement funds within the State of Texas. Moved by Councilor Brewer to approve Resolution 140-2021 . Motion seconded by Councilor Jackson Mr. Hegglund stated that this Resolution authorizes the City of Wichita Falls to enter the class action suit and potentially receive funds if a settlement is reached. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 10b — Resolution 141-2021 10:28 a.m. Resolution authorizing the City Manager to execute Amendment No 1 to the Professional Services Agreement for Engineering Services for the Quail Creek Drainage Improvements Phase I in the amount of$152,112.00. Moved by Councilor Browning to approve Resolution 141-2021. Motion seconded by Councilor Smith. Mr. Schreiber discussed changes in federal law regarding waters of the US over the past few years which now requires a 404 permit before moving forward with this project. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. CITY COUNCIL MINUTES November 16, 2021 PAGE 7 OF 13 Nays: None Item 10c — Resolution 142-2021 10:34 a.m. Resolution authorizing the City Manager to purchase replacement water meters and associated parts from Thirkettle Corporation dba Aquametrics in the amount of $80,588.32. Moved by Councilor Brewer to approve Resolution 142-2021. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 10d — Resolution 143-2021 10:36 a.m. Resolution awarding the bid for the purchase of eight (8) Pierce Enforcer Custom Fire Pumpers, two (2) Pierce Custom Fire Ladder Trucks, two (2) Ford Skeeter Squads, and one (1) Pierce Custom Rescue to Siddons Martin Emergency Group, LLC through The Buyboard Purchasing Cooperative in the amount of$9,920,692.31. Moved by Councilor Browning to approve Resolution 143-2021 . Motion seconded by Councilor Jackson. John Burrus, Director of Aviation, Traffic, and Transportation, presented the recommendation to purchase the above mentioned units. Staff saw an opportunity to save taxpayer funds by moving forward with this purchase quickly due to rising equipment costs and inflation. Mr. Burrus reviewed current fire apparatus needs. Jessica Williams, Director of Finance/CFO, discussed the financing piece of this purchase. Request for Proposals (RFP) closed yesterday, and a recommendation to award the financing will be considered at the December 7, 2021, meeting. The average timeline for payment is 12 years, average payment of$1 million, and rates between 1.78% CITY COUNCIL MINUTES November 16, 2021 PAGE 8 OF 13 and 2.49%. This will be a lease purchase and the City will own the equipment at the end of the lease. Payments will not begin until 2023, and therefore this item is not included in the current fiscal year budget. There was brief discussion regarding the quality of the Pierce equipment, and Ken Prillaman, Fire Chief, discussed his positive experience with the Pierce brand, and equipment specifications. Al Vitola, 5408 Blazing Star, representing the Professional Fire Fighters Association, addressed the Council and discussed the need for quality equipment in order for them to provide the services that have sworn to provide and encouraged the Council to approve this item. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 10e — Resolution 144-2021 10:53 a.m. Resolution to accept the written offer as presented for 1 Trustee parcel located at 800 Chance Street and authorizing execution of the Quitclaim Deed to convey title to Andrea Ruben. Moved by Councilor Brewer to approve Resolution 144-2021 . Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 10f— Resolution 145-2021 10:55 a.m. CITY COUNCIL MINUTES November 16, 2021 PAGE 9 OF 13 Resolution to accept the written offers as presented for 2 Trustee parcels located at 1301 Smith St. and 513 Elwood St. and authorizing execution of the Quitclaim Deed to convey title to Wesley Sonnamaker. Moved by Councilor Browning to approve Resolution 145-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 10q — Resolution 146-2021 10:57 a.m. Resolution authorizing the City Manager to execute a Discretionary Services Agreement and Statement of Change with Oncor Electric Delivery Company, LLC in the amount of $79,542.64 for the relocation of existing facilities at 300 N Burnett Street. Moved by Councilor Brewer to approve Resolution 146-2021 . Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 10h — Resolution 147-2021 10:59 a.m. Resolution authorizing the City Manager to award bid and contract for the Memorial Auditorium West Wing Stabilization Project to Trinity Hughes, LLC in the amount of $1,798,000.00. Moved by Councilor Browning to approve Resolution 147-2021 . Motion seconded by Councilor Brewer and carried by the following vote: CITY COUNCIL MINUTES November 16, 2021 PAGE 10 OF 13 Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 10i — Resolution 148-2021 11:08 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 $104,632.00 to Backdoor Theatre to assist in fire suppression system repairs and upgrades as part of the renovation of the existing building at 501 Indiana Ave downtown. Moved by Councilor Brewer to approve Resolution 148-2021. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None Item 10j — Resolution 149-2021 11:11 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 $120,000.00 to The Arts Council Wichita Falls Area, Inc. to assist in the renovations of the Kemp Center for the Arts at 1300 Lamar Street. Moved by Councilor Browning to approve Resolution 149-2021 . Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley. Nays: None CITY COUNCIL MINUTES November 16, 2021 PAGE 11OF13 Item 11— Announcements concerning items of community interest from members of the City Council. 11:13 p.m. Councilor Nelson discussed an issue with trees hanging over a street. Councilor Whiteley welcomed Councilor Nelson, gave kudos to the Rotary Clubs for their presentation this morning, and congratulated Marie Balthrop, City Clerk, for the Clerk of the Year award. Councilor Browning said Happy Thanksgiving and agreed with Councilor Whiteley's statements. Councilor Smith thanked District 1 voters for their support. Congratulated and thanked City Staff for bringing the fire apparatus needs to the Council. Thanked the 4B Board for addressing needed projects in the Arts and Culture community. Councilor Brewer congratulated Marie Balthrop, City Clerk, for the Clerk of the Year award, and asked when the QT would be started. Councilor Jackson congratulated Marie Balthrop, City Clerk, and congratulated Councilor Nelson for being elected to District 2. He apologized for not being here last week as he had a family emergency. Kuddos to the Fire Department for the new apparatus purchase. Mayor Santellana thanked our civic organizations for their support. He welcomed Councilor Nelson, and congratulated Marie Balthrop, City Clerk, for the state award. He is excited about the new fire apparatus purchase as this not only helps the firefighters but is important for the safety of the entire City. He thanked those that voted but acknowledged the low voter turnout. Happy Thanksgiving, be safe, and spend some time with family. Item 12 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 11:22 p.m. There were no comments from the public. Item 13 — Executive Session CITY COUNCIL MINUTES November 16, 2021 PAGE 12 OF 13 City Council adjourned into Executive Session at 11:23 a.m. in accordance with Texas Government Code §551.071 and §551.087. City Council reconvened at 11 :43 a.m. Mayor Santellana announced that no votes or polls were taken. Item 14—Adjourn Mayor Santellana adjourned the meeting at 11:43 p.m. PASSED AND APPROVED this 7th day of December 2021. tephen L. Santellana, Mayor ATTEST: .&471-A44,v_ Marie Balthrop, TRM , MMC City Clerk CITY COUNCIL MINUTES November 16, 2021 PAGE 13 OF 13