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Min 03/15/2022 City of Wichita Falls ,. , City Council Meeting .�- Minutes 4 _ Ta March 15, 2022 TEXAS ,.• S/ez5kie.4o/der-Offorteme ie5 ftlyirtVA Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas met in regular session at 8:30 a.m. on the above date in the Council Chambers at Memorial Auditorium with the following members present. Stephen Santellana - Mayor Bobby Whiteley - Mayor Pro Tem/At-Large Tim Brewer - Councilors Jeff Browning - Steve Jackson - Larry Nelson - Michael Smith - 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 Pastor Keith Daugherty, Mercy Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Proclamation — Camp Fire's Absolutely Incredible Kid Day, Camp Fire 8:34 a.m. Mayor Santellana read a proclamation proclaiming March 17, 2022, as Camp Fire's Absolutely Incredible Kid Day in Wichita Falls and asked all moms, dads, grandparents, aunts, uncles, teachers, and mentors to make a difference in the life of a child by composing a letter of love and appreciation to the children in our community. Item 4-5 — Consent Items 8:37 a.m. Darron Leiker, City Manager, gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Browning to approve 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 4 — Approval of minutes of the March 1, 2022, Regular Meeting of the Mayor and City Council Item 5 — Receive Minutes (a) Fire Fighters and Police Officers' Civil Service Commission, December 20, 2021 (b) Fire Fighters and Police Officers' Civil Service Commission, January 31, 2022 (c) Lake Wichita Revitalization Committee, February 8, 2022 Item 6a — Ordinance 07-2022 8:38 a.m. Ordinance making an appropriation to the Special Revenue Fund for The Environmental Health Division in the amount of$2,500 received from the National Environmental Health Association and authorizing the City Manager to execute contract accepting same. Moved by Councilor Brewer to approve Ordinance 07-2022. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Jackson, Smith, and Whiteley CITY COUNCIL MINUTES March 15, 2022 PAGE 2 OF 13 Nays: None Item 6b — Ordinance 08-2022 8:40 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 Browning to approve Ordinance 08-2022. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Jackson, Smith, and Whiteley Nays: None Item 6c — Ordinance 09-2022 8:42 a.m. Ordinance making an appropriation to the Special Revenue Fund in the amount of $20,000.00 for grant funding from the Dallas Internet Crimes Against Children Task Force, which is administered by the City of Dallas Reimbursement Program. Moved by Councilor Brewer to approve Ordinance 08-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Nelson, Jackson, Smith, and Whiteley Nays: None Councilor Brewer's response did not register on the voting system. Items 7a — Public Hearing for the FY 2021 Transit Grant for Capital, Planning, and Operating Assistance for the Wichita Falls Transit System CITY COUNCIL MINUTES March 15, 2022 PAGE 3 OF 13 8:43 a.m. Mayor Santellana opened the public hearing at 8:43 a.m. John Burrus, Director of Aviation, Traffic, and Transportation, stated that two public hearings are required for the FY 2021 Transit Grants, and this is the second public hearing. Mr. Burrus discussed the proposed program projects and expenditures for the Wichita Falls Transit System. Councilor Smith asked if he has considered electric buses for future needs and Mr. Burrus stated he has looked at both electric and natural gas powered buses, and the biggest concern is the length of service time. There were no comments from the public. Mayor Santellana closed the public hearing at 8:46 a.m. Item 7b — Ordinance 10-2022 8:46 a.m. Ordinance appropriating $1,785,397 in Federal Funds and $437,695 in State Funds for the FY 2021 Section 5307 Transit System and authorizing the City Manager to execute all necessary funding agreements related hereto Moved by Councilor Brewer to approve Ordinance 10-2022. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Jackson, Smith, and Whiteley Nays: None Item 8a — Resolution 31-2022 8:49 a.m. Resolution rejecting the bid for the purchase of a 2022 John Deere 210L Tractor through the Sourcewell Purchasing Cooperative from Yellowhouse Machinery Company in the amount of$138,464.65. CITY COUNCIL MINUTES March 15, 2022 PAGE 4 OF 13 Moved by Councilor Browning to approve Resolution 31-2022. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Smith Nays: None Item 8b — Resolution 32-2022 8:51 a.m. Resolution authorizing the purchase of a 2023 John Deere 210L Tractor through the Sourcewell Purchasing Cooperative from Yellowhouse Machinery Company in the amount of$154,564.00. Moved by Councilor Brewer to approve Resolution 32-2022. Motion seconded by Councilor Jackson and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8c — Resolution 33-2022 8:53 a.m. Resolution authorizing the City Manager to apply for and accept funding in an amount up to $3.5 million for the reconstruction of the general aviation terminal at Wichita Falls Regional Airport from the Federal Aviation Administration's Airport Terminal Program. Moved by Councilor Brewer to approve Resolution 33-2022. Motion seconded by Councilor Smith. Mr. Burrus discussed the grant and stated that it is a very competitive process. If awarded, the funds would be used to reconstruct the general aviation terminal, and local contractors will be used where possible. There was brief discussion regarding the use of the building and the age and condition of the building. CITY COUNCIL MINUTES March 15, 2022 PAGE 5 OF 13 Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8d — Resolution 34-2022 9:02 a.m. Resolution authorizing the City Manager to execute a Professional Services Agreement with Mercury Associates, Inc. for Phase I Fleet Maintenance Consulting Services and authorizing the payment of up to $107,460 in fees. Moved by Councilor Browning to approve Resolution 34-2022. Motion seconded by Councilor Jackson. Mr. Burrus discussed the need to review business processes, and the management of capital assets and finances for Fleet Maintenance. Mercury Associates, Inc. will conduct an in depth review of all aspects of Fleet Maintenance and make recommendations including but not limited to process changes, fleet replacement plan, and rates and chargeback models. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8e — Resolution 35-2022 9:12 a.m. Resolution authorizing the City Manager to award bid and contract for the Lift Station No. 25 Roof Replacement Project to Excel Construction Group, LLC — Lubbock Division in the amount of$26,775.00. Moved by Councilor Whiteley to approve Resolution 35-2022. CITY COUNCIL MINUTES March 15, 2022 PAGE 6 OF 13 Motion seconded by Councilor Brewer and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8f— Resolution 36-2022 9:16 a.m. Resolution authorizing the City Manager to approve Change Order No. 2 for the 2021 Asphalt Rehabilitation Project for a reduction of $63,987.50. Moved by Councilor Brewer to approve Resolution 36-2022. Motion seconded by Councilor Browning. Russell Schreiber explained that the deduction is due to the removal of the 7th Street railroad crossing portion of the project since BNSF has not fulfilled their portion of the project. This work will be added to the 2022 Asphalt Rehabilitation project in the next item. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8q — Resolution 37-2022 9:23 a.m. Resolution authorizing the City Manager to approve Change Order No. 1 for the 2022 Asphalt Rehabilitation Project to Freeman Paving, LLC in the amount of $80,565.50 for the replacement of asphalt at the 7th Street railroad crossing. Moved by Councilor Browning to approve Resolution 37-2022. Motion seconded by Councilor Smith and carried with the following vote: CITY COUNCIL MINUTES March 15, 2022 PAGE 7 OF 13 Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8h — Resolution 38-2022 9:24 a.m. Resolution authorizing the City Manager to award bid and contract for the 2022 Water Budget Utility Improvements Project to Bowles Construction Co. in the amount of $1,664,568.50. Moved by Councilor Brewer to approve Resolution 38-2022. Motion seconded by Councilor Browning and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8i — Resolution 39-2022 9:25 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by authorizing DuraPro Enterprises, LLC to assume the WFEDC's existing loan to 707 North Scott, LLC and to subordinate WFEDC's existing lien against the Property to a new bank lien for DuraPro to finance the remaining portion of the purchase price. Moved by Councilor Browning to approve Resolution 39-2022. Motion seconded by Councilor Smith. Paul Menzies, Assistant City Manager, discussed the name and ownership change of Dental Planet under 707 N. Scott, LLC to DuraPro Enterprises, LLC. Henry Florsheim, President & CEO of the Wichita Falls Chamber, discussed the history of the agreement with Dental Planet under 707 N. Scott, LLC. New local owners have purchased the company and they are requesting to take over the existing loan and CITY COUNCIL MINUTES March 15, 2022 PAGE 8 OF 13 performance agreement, and their lending agent is requiring that they be listed in the first lien position. Peyton Cannedy with Sherrill & Gibson Attorneys at Law, and representing DuraPro Enterprises, LLC, addressed the Council and discussed the purchase. He noted that job requirements of thirty positions per the performance agreement have been met every year except in 2020 when there was a shortfall of 4 positions. Mr. Florsheim stated that in 2020 funds were paid back to the WFEDC per the performance agreement. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8j — Resolution 40-2022 9:31 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget to include an up to $75,000 expenditure for site preparation costs related to a potential business park adjacent to the Wichita Falls Regional Airport. Moved by Councilor Browning to approve Resolution 40-2022. Motion seconded by Councilor Brewer. Mr. Menzies discussed the approval of this project by the WFEDC in February, and a potential economic development project that has a need for hangar facilities. The proposed expenditure would be for site preparation costs. Mr. Florsheim discussed the need and potential use of the proposed business park, and the need for business park space that allows for airplane repairs. There are currently a couple of prospects that are interested in this type of space. Mr. Burrus stated they are currently modifying hangar 2 at the Regional Airport to accommodate one of the companies. He discussed the opportunities that would be available with the completion of the project, and how the project compliments Sheppard Air Force Base. Mr. Burrus noted that FAA funds will cover the majority of the project and that most of the project can be completed by local contractors. There was brief discussion regarding the size of the property. CITY COUNCIL MINUTES March 15, 2022 PAGE 9 OF 13 There was brief discussion regarding Type A and Type B debt and if this agenda item and the following agenda item would decrease the debt. Mr. Florsheim stated that these items will not reduce debt and that a portion of sales tax collections go towards paying off debt. Mr. Leiker noted that the current debt for the Type A WFEDC is approximately $8.1 million and approximately $18 million for the Type B Sales Tax Corporation. Mr. Florsheim noted the financial investments made by private investors, and discussed the area and project types where Type A WFEDC funds can be used. Mr. Florsheim noted that projects like this one help provide jobs for individuals that leave the Air Force keeping those individuals in our workforce. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8k — Resolution 41-2022 9:50 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget to include an up to $435,000 cash for jobs expenditure to Delta T Thermal Solutions as part of the company's acquisition of the former Tranter facility in Wichita Falls. Moved by Councilor Brewer to approve Resolution 41-2022. Motion seconded by Councilor Browning. Mr. Menzies discussed the local group acquiring the Tranter facility and some of their product lines. Mr. Florsheim discussed the closure of the Tranter facility, the local entity acquiring the facility and product lines, and the proposed performance agreement for cash for jobs. Scott Poenitzsch addressed the Council and discussed the New Beginnings project by Delta T Thermal Solutions, LLC under the Sharp Iron Group, LLC, and stated that they will purchase the former Tranter building and acquire some of their former product lines. Mr. Poenitzsch discussed the history of Tranter and the economic impact of their closing, and stated that Delta T Thermal Solutions, LLC anticipates creating approximately 60 direct and indirect manufacturing jobs. Mr. Poenitzsch discussed the products that would be manufactured and their uses, stated he would serve as President, and noted that he is a former President of Tranter. Their initial investment is $2.48 million, they hope to CITY COUNCIL MINUTES March 15, 2022 PAGE 10 OF 13 employ some former Tranter employees with an estimated payroll of $3.1 million, and they are requesting an agreement for cash for jobs for 58 jobs over a three year period. There was brief discussion regarding former Tranter customers, how those customers have been contacted and can be served by Delta T Thermal Solutions, LLC, and economic impact of reopening this facility. Motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 9 - Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:03 a.m. Councilor Jackson asked to have the Hirschi and City View basketball teams recognized at a future council meeting. Councilor Brewer asked Lou Kreidler for an update on COVID-19. Mrs. Kreidler discussed the reduction in positive cases and hospitalizations, and a new variant spreading in Europe. She hopes that the trend of reductions will continue in our area. Councilor Smith thanked everyone for attending, stated he is thankful for the good news regarding economic development projects, and asked for everyone to keep Ukraine in their thoughts and prayers. Councilor Nelson thanked everyone for attending, and stated that he was happy to see some investment in District 2 by the Housing Authority. He thanked Mr. Florsheim for clearing up the confusion regarding the use of WFEDC funds. Mayor Santellana also recognized the Hirschi and City View basketball teams, and discussed his participation in the St. Patrick's Day festival and the inaugural launch of WF GOAT Scooters, LLC. Item 10 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 10:08 a.m. CITY COUNCIL MINUTES March 15, 2022 PAGE 11OF13 Debra Loberger, 5144 Royalwood Dr., addressed the Council and discussed an ongoing animal control issue she is experiencing. She placed two Animal Control calls over the weekend and discussed concerns with how those calls were handled. Ms. Loberger stated the neighbor's dog was loose while she and her husband were trying to install a fence, discussed how she tried to hit the dog with a shovel and four foot level, and stated that animal control refused to come out when she called. Ms. Loberger stated she was not going to live like this and discussed vulgar language directed toward her that she has recorded. Ms. Loberger threatened that she would not answer her door without a loaded gun with the safety off, stated that she would not live like this, and threatened that there would be blood if the Council could not resolve the issue. Item 11 — Executive Session City Council adjourned into Executive Session at 10:12 a.m. in accordance with Texas Government Code §551.087, §551.071, and §551.074. City Council reconvened at 11:50 a.m. Mayor Santellana reconvened in open session and announced that no votes or polls were taken. Councilor Browning left the meeting at 11:50 a.m. Item 12 — Appointments to Boards and Commissions Moved by Councilor Smith to make the following appointments to the Lake Wichita Revitalization Committee: Place 2 — Park Board Rep, appoint Dr. Michael Battaglino, term to expire 07/31/2027 Place 6 — move Sharon Roach from Place 12 Alternate to Place 6, term to expire 07/31/2027 Place 12 — appoint Austin Cobb, term to expire 07/31/2027 Motion seconded by Councilor Nelson and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley CITY COUNCIL MINUTES March 15, 2022 PAGE 12 OF 13 Nays: None Moved by Councilor Smith to make the following appointments to the Planning and Zoning Commission: Place 1 — move Anthony Vidmar from Place 10 Alternate to Place 1, term to expire 12/31/2022 Place 10 — appoint Doug McColloch, term to expire 12/31/2023 Place 11- appoint Steve Wood, term to expire 2/31/2022 Motion seconded by Councilor Nelson and carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 13 —Adjourn Mayor Santellana adjourned the meeting at 11:54 a.m. PASSED AND APPROVED this 5th day of April 2022. Stepp n Santellana, Mayor ATTEST: IV au, Br Marie Balthrop, TRM , MMC City Clerk CITY COUNCIL MINUTES March 15, 2022 PAGE 13 OF 13