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Min 07/19/2022 City of Wichita Falls City Council Meeting , .,.� Minutes r % 1 \—'1";11-C4i4July 19, 2022 � [a([ �`� a m TEXAS aA �Q „ $/uei* 4o/det7 O7portcofele-5 ,. 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 Jeff Browning - Councilors Steve Jackson - Larry Nelson - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Councilor Michael Smith, District 1, and Councilor Tim Brewer, District 4 Mayor Santellana called the meeting to order at 8:30 a.m. Item 2a — Invocation Reggie Coe, Chaplain, Grace Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Page 1 of 15 Agenda Item No.4 Item 3a — Employee of the Month — Luis Trillo, Public Works — Street Maintenance 8:32 a.m. Russell Schreiber, Director of Public Works, recognized Luis Trillo as the Employee of the Month for July 2022 and shared a brief video. Mayor Santellana congratulated Mr. Trillo and presented him with a plaque, letter of appreciation, dinner for two, and a check, and thanked him for his service. Item 4-5 — Consent Items 8:36 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 Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Item 4 — Approval of Minutes of the June 21, 2022, Regular Meeting of the Mayor and City Council Item 5 — Receive Minutes (a) Library Advisory Board, March 22, 2022 (b) Wichita Falls-Wichita County Public Health Board, March 25, 2022 (c) Landmark Commission, April 26, 2022 (d) Park Board, April 28, 2022 (e) Construction Board of Adjustment, June 13, 2022 (f) Lake Wichita Revitalization Committee, June 14, 2022 Item 6a(i) — Public Hearing on an Ordinance adopting the 2018 International Swimming Pool and Spa Code (ISPSC) and associated amendments 8:37 a.m. Mayor Santellana opened the public hearing at 8:37 a.m. Terry Floyd, Director of Development Services, discussed the adoption of the 2018 International Swimming Pool and Spa Code (ISPSC) as recommended by staff and the CITY COUNCIL MINUTES July 19, 2022 PAGE 2 OF 15 Page 2 of 15 Agenda Item No.4 Construction Board of Adjustments and Appeals (CBOA) including one local amendment to require carbon monoxide detectors in public pool equipment rooms when fuel-fired equipment is housed inside the equipment room. Councilor Browning asked if the detectors would be electrical or battery operated and Mr. Floyd said they could be either. There were no public comments. Mayor Santellana closed the public hearing at 8:39 a.m. Item 6a(ii) — Ordinance 24-2022 8:38 a.m. Ordinance adopting the 2018 International Swimming Pool and Spa Code (ISPSC) and associated amendments. Moved by Councilor Browning to approve Ordinance 24-2022. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Item 6b — Ordinance 25-2022 8:39 a.m. Ordinance amending Chapter 22 Article III of Buildings and Building Regulations to formally adopt the 2017 National Electric Code and removing reference to the Board of Electrical Examiners and making grammatical and semantic clarifications, and providing for codification. Moved by Councilor Browning to approve Ordinance 25-2022 including Exhibit A. Motion seconded by Councilor Whiteley. Terry Floyd, Director of Development Services discussed the history and timeline of adoption of the 2017 NEC, CBOA and local contractor meetings, and the proposed local amendments in Exhibit A. The CBOA unanimously recommended adoption and codification of the 2017 NEC, and staff recommends approval. CITY COUNCIL MINUTES July 19, 2022 PAGE 3 OF 15 Page 3 of 15 Agenda Item No.4 Councilor Jackson asked for clarification on why this is being adopted, and why contractors were against this. There was brief discussion regarding concerns being addressed in various public meetings, and that the CBOA, homebuilders, and contractors recommend approval with the proposed amendments. Councilor Jackson asked that Councilors that are contractors not be allowed to vote. Mr. Hegglund discussed reasons Councilors can be excused from voting, none of which apply in this instance. Council thanked the CBOA for their input and reiterated that this ordinance and proposed amendments have been vetted by the Homebuilders Association and electrical contracts, and there have been various public meetings and ample time for contractor and citizen input. Mr. Hegglund discussed the actions required to adopt the 2017 NEC, and stated that all requirements have been met and the City is compliant with state law. Motion failed by the following vote: Ayes: Mayor Santellana, Councilors Browning, and Whiteley Nays: Councilors Jackson, and Nelson Item 6c — Ordinance 26-2022 8:53 a.m. Ordinance authorizing the City Manager to approve a request from Lloyd Taylor to vacate and abandon a portion of Kenley Avenue consisting of approximately 0.15 acres running North and South along Central Freeway. Moved by Councilor Browning to approve Ordinance 26-2022. Motion seconded by Councilor Whiteley and carried by the following vote. Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Item 6d — Ordinance 27-2022 8:55 a.m. Ordinance appointing a Municipal Judge for a term of two years to begin on August 1, 2022. CITY COUNCIL MINUTES July 19, 2022 PAGE 4 OF 15 Page 4 of 15 Agenda Item No.4 Moved by Councilor Browning to approve Ordinance 27-2022. Motion seconded by Councilor Whiteley Councilor Whiteley moved to amend the main motion to appoint Diane Dockery as Municipal Judge for a two-year term. Motion to amend was seconded by Councilor Nelson and carried by the following vote. Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Main motion as amended carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Item 7a — Public Hearing to receive citizen comments concerning Redistricting of City Council Districts 8:59 a.m. Mayor Santellana opened the public hearing at 8:59 a.m. Marie Balthrop, City Clerk, discussed the current council district boundaries, proposed boundaries, and the redistricting process. There were no public comments. Mayor Santellana closed the public hearing at 9:02 a.m. Item 7b — Public Hearing to receive citizen comments concerning the proposed Substantial Amendment to the 2019 Community Development Block Grant (CDBG) Annual Action Plan to reallocate $600,305 and continue certain previous programmed funding through the CDBG — Coronavirus program 9:02 a.m. Mayor Santellana opened the public hearing at 9:03 a.m. Mr. Floyd discussed the process timeline and the proposed reallocation of $600,304.95 from the CDBG-CV funding due to cancelled programs and unreserved amounts. The funds will be reallocated to Park Projects - $357,800, Bus Shelters $175,000, and the CITY COUNCIL MINUTES July 19, 2022 PAGE 5 OF 15 Page 5 of 15 Agenda Item No.4 Emergency Repair Program $67,504.95. There was brief discussion regarding park project locations, and bus shelters. There were no public comments. Mayor Santellana closed the public hearing at 9:14 a.m. Item 7c — Public Hearing to receive citizen comments concerning the proposed Substantial Amendment to the 2021 Community Development Block Grant (CDBG) Annual Action Plan and the Draft HOME-American Rescue Plan (HOME-ARP) Allocation Plan to allocate $1,572,080 in funding 9:14 a.m. Mayor Santellana opened the public hearing at 9:14 a.m. Mr. Floyd discussed the proposed amendment to HOME-ARP Funding for a total of $1,572,080. He discussed the narrow scope of approved projects, and the Council subcommittee recommendations. Under this amendment, $157,208 will be for grant administration, $700,000 for First Step, Inc., and $714,872 of unreserved funds. Staff will solicit for applications for the unreserved funds in 2023. Councilor Nelson asked if the First Time Homebuyers is still under this program, and Mr. Floyd stated that it was and would be discussed in the next item. There were no public comments. Mayor Santellana closed the public hearing at 9:17 a.m. Item 7d — Public Hearing to receive citizen comments on Action Plan to allocate FY 2022-2023 Community Development Block Grant (CDBG) funds in the amount of $1,203,986, and FY 2022-2023 HOME Investment Partnership Program (HOME) funds in the amount of$449,845 9:17 a.m. Mayor Santellana opened the public hearing at 9:18 a.m. Mr. Floyd discussed the annual CDBG and HOME funding allocations and proposed action plan. The total funding available includes $1,203,986 of current funding and $100,000 of reprogrammed funds from the prior fiscal year. The Council subcommittee recommendations for CDBG funding are as follows: Child Care Inc. -$126,418, Christmas in Action - $100,000, Senior Citizens — Meals on Wheels - $54,179, and various City departments $1,023,389 for a total of $1,303,986. CITY COUNCIL MINUTES July 19, 2022 PAGE 6 OF 15 Page 6 of 15 Agenda Item No.4 Mr. Floyd discussed the Council subcommittee recommendations for HOME fund allocations of $449,845 for various programs to assist low-income citizens with housing. Councilor Nelson asked if we still had a matching grant fund, and Mr. Floyd stated that we no longer have that fund. There were no public comments. Mayor Santellana closed the public hearing at 9:23 a.m. Item 8a(i) — Public Hearing to receive citizen comments on a Resolution for the proposed 2022 Third Year Annual Action Plan of the adopted Five Year 2020-2024 Public Housing Agency (PHA) Plan 9:23 a.m. Mayor Santellana opened the public hearing at 9:23 a.m. Mr. Floyd discussed the proposed 2022 Third Year Annual Action Plan, which includes the Housing Choice Voucher Program, formerly known as the Section 8 Housing Program. Mr. Floyd discussed the history of the program, qualifications, and current program totals. The City currently pays the maximum allowable amount for rental assistance, and is currently assisting 818 households with 504 on the waiting list. There were no public comments. Mayor Santellana closed the public hearing at 9:27 a.m. Item 8a(ii) — Resolution 80-2022 9:27 a.m. Resolution for the proposed 2022 Third Year Annual Action Plan of the adopted Five Year 2020-2024 Public Housing Agency (PHA) Plan. Moved by Councilor Browning to approve Resolution 80-2022. Motion seconded by Councilor Whiteley and carried by the following vote. Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None CITY COUNCIL MINUTES July 19, 2022 PAGE 7 OF 15 Page 7 of 15 Agenda Item No.4 Item 8b — Resolution 81-2022 9:28 a.m. Resolution awarding Construction Services Contract to MARRS Patriot Construction, LLC for the Health Department, Women, Infants and Children Ramp Renovation Project for the amount of$104,566.88. Moved by Councilor Browning to approve Resolution 81-2022. Motion seconded by Councilor Nelson Amy Fagan, Assistant Director of Health, discussed the proposed project and stated that this project is fully funded with a Department of State Health Services grant. Motion carried by the following vote. Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Item 8c — Resolution 82-2022 9:30 a.m. Resolution authorizing the City Manager to apply for the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant in the amount of up to $11,025.00. Moved by Councilor Browning to approve Resolution 82-2022. Motion seconded by Councilor Jackson and carried by the following vote. Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Item 8d — Resolution 83-2022 9:31 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 $35,000 to Downtown Wichita Falls Development, Inc. (DWFD) for the purchase and installation of various streetscape elements downtown. CITY COUNCIL MINUTES July 19, 2022 PAGE 8 OF 15 Page 8 of 15 Agenda Item No.4 Moved by Councilor Browning to approve Resolution 83-2022. Motion seconded by Councilor Whiteley Jana Schmader, Director Downtown Wichita Falls Development (DWFD), discussed the proposed project to purchase streetscape elements to be placed in various locations downtown. The project will include benches, trashcans, pole banners, and pet waste stations. Total cost of the project is $40,000, with $5,000 being funded by DWFD, and $35,000 funded by the 4B Sales Tax Corporation. DWFD is committed to maintenance and upkeep of all items, and they anticipate completion of the project in August. Motion carried by the following vote. Ayes: Mayor Santellana, Councilors Browning, Nelson, and Whiteley Nays: Councilor Jackson Item 9a — Staff Report— Wichita Falls Parks Presentation by the Park Board 9:39 a.m. Jim Heiman, 1805 Clubview Street, Chairman of the Park Board, addressed the Council and discussed citizen interest in parks, and the need for a comprehensive Master Parks Plan. Tom Taylor, Vice Chairman of the Park Board, recognized Dr. Mike Battaglino and Larri Jean Jacoby for their hard work on this project. He discussed the park report and park inventory that were previously provided to the Council. Mr. Taylor discussed the importance of parks for quality of life, the need to update the Master Parks Plan, the large workload of the Parks Department, current needs, and future goals. Current needs and future goals include updating the Master Park Plan, park signage, restructuring the Park Board, and a long-term park equipment replacement program. He stated that the staff, Park Board, and citizens need guidance from the City Council on how to move forward. Dr. Mike Battaglino, 5001 Cypress Avenue, acknowledged the great support from City staff Blake Jurecek, Assistant City Manager and Terry Points, Parks General Services Superintendent. This has been a collaborative project between the committee and staff, and he expressed the importance of having a consultant to make recommendations to move forward. There was brief discussion regarding a need for a load of dirt for an infield at View Park, and the Parks Board project priorities. CITY COUNCIL MINUTES July 19, 2022 PAGE 9 OF 15 Page 9 of 15 Agenda Item No.4 Mr. Jurecek thanked the Parks Board and discussed the need to keep the board informed of the City's plans and noted that the Master Park Plan funding will be considered during the upcoming budget. He discussed safety issues that were highlighted during the presentation and stated that they have been corrected. Item 9b — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:04 a.m. Councilor Nelson thanked everyone for attending. He discussed his awareness program and that he did not realize that we have 8-9 parks in District 2. Councilor Whiteley congratulated Diane Dockery on her appointment and Luis Trillo for being employee of the month. He thanked the Park Board for their presentation and discussed the importance of parks. Councilor Whiteley stated he has received several text messages and emails regarding proposed water costs. He discussed inflation and the impact on citizens and asked that the Council look at those costs. Councilor Jackson thanked the Park Board and Tom Taylor for stepping up during his absence. Councilor Jackson and Councilor Nelson will be having lunch with the President of the Farmer's Market this afternoon to try to come to a resolution. Mayor Santellana expressed his appreciation to Lindsay Barker and her staff for the Employee of the Month videos. Taco Fest is this weekend downtown and it will benefit Zavalla Hispanic Cultural Initiative. He attended the Ranch Roundup and received many compliments since the City has taken over the MPEC events and the level of service. He addressed the Downtown Farmer's Market and how much he appreciates them and hopes for a resolution. Item 10 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 10: 10a.m. Josie Rose, 1226 N. Rosewood, addressed the Council to discuss clean-up in Eastside. Ms. Rose stated that there used to be clean-ups organized in Eastside in the past and she wants to see this taken back up. She discussed concerns with elderly people not being able to get to the city dump, trees that need to be cut, concerns with snakes and other animals, and asked if the City could assist with dumpsters and volunteers. Councilor Nelson will follow up. CITY COUNCIL MINUTES July 19, 2022 PAGE 10 OF 15 Page 10 of 15 Agenda Item No.4 Item 11 — Executive Session City Council adjourned into Executive Session at 10:13 a.m. in accordance with Texas Government Code §551.072, §551.74, and §551.087. City Council reconvened at 11:01 a.m. Mayor Santellana reconvened in open session and announced that no votes or polls were taken. Item 12 — Appointments to Boards and Commissions 11:02 a.m. Moved by Councilor Jackson to appoint Carol Murray to Place 3 on the 4B Sales Tax Corporation with a term to expire 07/31/2024. Motion seconded by Councilor Nelson and failed with the following vote: Ayes: Councilors Jackson and Nelson Nays: Mayor Santellana, Councilors Browning and Whiteley Moved by Councilor Whiteley to appoint Glenn Barham to Place 3 on the 4B Sales Tax Corporation with a term to expire 07/31/2024. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Nelson, and Whiteley Nays: Councilor Jackson Moved by Councilor Whiteley to appoint Darron Leiker to Place 4 on the 4B Sales Tax Corporation with a term to expire 07/31/2024. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Nelson, and Whiteley Nays: Councilor Jackson CITY COUNCIL MINUTES July 19, 2022 PAGE 11OF15 Page 11 of 15 Agenda Item No.4 Moved by Councilor Jackson to appoint Kevin Hunter to Place 6 on the 4B Sales Tax Corporation with a term to expire 07/31/2024. Motion seconded by Councilor Nelson and failed with the following vote: Ayes: Councilors Jackson and Nelson Nays: Mayor Santellana, Councilors Browning and Whiteley Moved by Councilor Whiteley to appoint Michael Mills to Place 6 on the 4B Sales Tax Corporation with a term to expire 07/31/2024. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Nelson, and Whiteley Nays: Councilor Jackson Moved by Councilor Whiteley to appoint Robert Clement to Place 8 on the Helen Farabee Centers Board of Trustees with a term to expire 08/31/2024. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Moved by Councilor Whiteley to appoint Amy Bobrowitz to Place 1 on the Library Advisory Board with a term to expire 07/31/2025. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None CITY COUNCIL MINUTES July 19, 2022 PAGE 12 OF 15 Page 12 of 15 Agenda Item No.4 Moved by Councilor Whiteley to appoint Betty Richie to Place 2 on the Library Advisory Board with a term to expire 07/31/2025. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Moved by Councilor Whiteley to appoint Marianne Dowdy to Place 8 on the Library Advisory Board with a term to expire 07/31/2025. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Moved by Councilor Whiteley to appoint Shunta McFadden to Place 9 on the Library Advisory Board with a term to expire 07/31/2025. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Moved by Councilor Browning to appoint Simeon Hendrix to Place 10 on the Park Board with a term to expire 12/31/2022. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Moved by Councilor Browning to appoint Josh Phillips to Place 11 on the Park Board with a term to expire 12/31/2022. CITY COUNCIL MINUTES July 19, 2022 PAGE 13 OF 15 Page 13 of 15 Agenda Item No.4 Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Moved by Councilor Browning to move Douglas McCulloch from Place 10 —Alternate 1 to Place 1 on the Planning and Zoning Commission with a term to expire 12/31/2022. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None Moved by Councilor Browning to appoint Matt Marrs to Place 10 —Alternate 1 on the Planning and Zoning Commission with a term to expire 12/31/2023. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Browning, Nelson, and Whiteley Nays: Councilor Jackson Item 13 —Adjourn Mayor Santellana adjourned the meeting at 11:10 a.m. PASSED AND APPROVED this 2nd day of August 2022. i r step en Santellana, Mayor ATTEST: CITY COUNCIL MINUTES July 19, 2022 PAGE 14 OF 15 Page 14 of 15 Agenda Item No.4 44:,A Marie Balthrop, RMC, MMC City Clerk CITY COUNCIL MINUTES July 19, 2022 PAGE 15 OF 15 Page 15 of 15 Agenda Item No.4