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Min 08/02/2022 City of Wichita Falls . City Council Meeting .�_ Minutes 4 }� he. 4 At August 2, 2022 ���dKt 4 la 1 S TEXAS (4 -J Ncee5A-o5.4e/der-0pfortuau7ies >gr EI'L ;`" 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 - Larry Nelson - Michael Smith - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Steve Jackson, Councilor District 5 Mayor Santellana called the meeting to order at 8:30 a.m. Item 2a — Invocation Father Brian Chase, Church of the Good Shepherd, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Employee of the Month — Jennifer Carter, Police Department 8:34 a.m. Manuel Borrego, Chief of Police, recognized Jennifer Carter as the Employee of the Month for August 2022 and shared a brief video. Mayor Santellana congratulated Ms. Carter and presented her with a plaque, letter of appreciation, dinner for two, and a check, and thanked her for her service. Item 3b — Proclamation — National Health Center Week, North Central Texas Community Healthcare Center 8:37 a.m. Mayor Santellana read a proclamation proclaiming August 7-13, 2022, as National Health Center Week in Wichita Falls and encourage all area residents to participate this week by visiting their local health center, and celebrate the vital partnership between America's community healthcare centers and the communities they serve. Item 3c — Proclamation — National 811 Day, Atmos Energy 8:42 a.m. Mayor Santellana read a proclamation proclaiming August 11, 2022, as National 811 Day in Wichita Falls and encouraged excavators and homeowners throughout the Wichita Falls area to always call 811 before digging to know what is below. Item 4-5 — Consent Items 8:45 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, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES August 2, 2022 PAGE 2 OF 14 Item 4— Approval of Minutes of the July 19, 2022 Regular Meeting of the Mayor and City Council Item 5 — Receive Minutes (a) Wichita Falls 4B Sales Tax Corporation, April 7, 2022 (b) Wichita Falls Economic Development Corporation, May 19, 2022 (c) Planning & Zoning Commission, June 8, 2022 Item 6a — Ordinance 28-2022 8:46 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 Brewer to approve Ordinance 28-2022. Motion seconded by Councilor Browning. Terry Floyd, Director of Development Services, requested that the motion be amended to include Exhibit A. Councilor Browning moved to amend the main motion to include Exhibit A. Motion seconded by Councilor Brewer and approved with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: None The main motion as amended carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Smith, and Whiteley Nays: Councilor Nelson Item 6b — Ordinance 29-2022 8:47 a.m. CITY COUNCIL MINUTES August 2, 2022 PAGE 3 OF 14 Ordinance of the City Council of the City of Wichita Falls, Texas, adopting a Redistricting Plan to change the boundaries of the City's five (5) single-member Council Districts based on 2020 Census data, and providing for incorporation of the Redistricting Plan map in accordance with Section 2-26 of the City of Wichita Falls, Code of Ordinances. Moved by Councilor Brewer to approve Ordinance 29-2022. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: None Item 7a — Resolution 84-2022 8:52 a.m. Resolution authorizing the City Manager to apply for non-matching Grant Funds from the FY 2022 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $30,141.00 with co-applicant, Wichita County Sheriff's Office Moved by Councilor Browning to approve Resolution 84-2022 Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: None Item 7b — Resolution 85-2022 8:53 a.m. Resolution finding that Leetech Solutions, LLC is in material breach of contract for the 2021 Lift Station 15, 36 & 39 Rehabilitation Project, and declaring an immediate termination of contract. Moved by Councilor Brewer to approve Resolution 85-2022 Mayor Santellana moved to Item 7c since Item 7b needs to be discussed in Executive Session. CITY COUNCIL MINUTES August 2, 2022 PAGE 4 OF 14 Item 7c — Resolution 86-2022 8:54 a.m. Resolution authorizing the purchase of two Smith & Loveless Model 4B2X Star One assemblies and one control panel from Smith & Loveless, Inc., in the amount of $74,041.00 as part of the planned rehabilitation of Lift Station 61. Moved by Councilor Browning to approve Resolution 86-2022. Motion seconded by Councilor Smith Russell Schreiber, Director of Public Works, discussed the sole source purchase for these items and stated that the Wichita Falls ISD will split the cost up to $45,000. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: None Item 7d — Resolution 87-2022 8:57 a.m. Resolution amending the award of certain chemicals to authorize the City to revoke the awards issued to Water Tech Inc. and award certain chemicals to Univar Solutions, Shannon Chemical Corporation, and Chemrite Inc. as part of the City's annual supply of bulk chemicals for water and wastewater treatment. Moved by Councilor Brewer to approve Resolution 87-2022. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: None Item 7e — Resolution 88-2022 9:00 a.m. CITY COUNCIL MINUTES August 2, 2022 PAGE 5 OF 14 Resolution authorizing award of bid for the City's estimated annual supply of unleaded gasoline and low sulfur diesel fuel to W. Douglas Distributing, LTD. (d.b.a Douglas Distributing). Moved by Councilor Browning to approve Resolution 88-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: None Item 7f— Resolution 89-2022 9:03 a.m. Resolution approving a substantial amendment to the PY 2019 Community Development Block Grant (CDBG)Annual Action Plan of the 2015-2019 Consolidated Plan to reallocate $600,304.95 of CDBG — Coronavirus (CDBG-CV) funding through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in a special allocation from US Department of Housing and Urban Development (HUD). Moved by Councilor Browning to approve Resolution 89-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: None Item 7q — Resolution 90-2022 9:09 a.m. Resolution approving a substantial amendment to the 2021 Action Plan Amendment of the 2020-2024 Consolidated Plan and the HOME-American Rescue Plan (HOME-ARP) Allocation Plan of the City of Wichita Falls to include any and all revisions to the plans approved by the U.S. Department of Housing and Urban Development (HUD), to receive and administer a special allocation of $1,572,080 in HOME-ARP funds through the American Rescue Plan (ARP) in a special allocation from HUD Moved by Councilor Brewer to approve Resolution 90-2022. CITY COUNCIL MINUTES August 2, 2022 PAGE 6 OF 14 Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: None Item 7h — Resolution 91-2022 9:14 a.m. Resolution approving the 2022 Action Plan of the 2020-2024 Consolidated Plan of the City of Wichita Falls to include any and all revisions to the plans approved by the U.S. Department of Housing and Urban Development (HUD), to allocate FY 2022 Community Development Block Grant (CDBG) funds in the amount of $1 ,203,986, reallocate $100,000 in prior year CDBG funding, and 2022 HOME Investment Partnership Program (HOME) funds in the amount of$449,845; authorizing the City Manager to execute HUD grant applications and agreements to implement the approved plans, to include any and all revisions approved by HUD. Moved by Councilor Browning to approve Resolution 91-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley (Mayor Santellana's vote registered as Nay, but he clarified verbally his intent was to vote Aye) Nays: None Item 7i — Resolution 92-2022 9:21 a.m. Resolution appropriating a total of $150,000 of American Rescue Plan (ARPA) Funding to the City's General Fund for payment of salary and benefits for a Senior Grant Accountant position. Moved by Councilor Brewer to approve Resolution 92-2022. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley CITY COUNCIL MINUTES August 2, 2022 PAGE 7 OF 14 Nays: None Item 8a — Staff Report 9:23 a.m. Mr. Leiker stated there were no formal staff reports, but he reminded Council of the special meeting on August 9, 2022, to review the proposed budget. He encouraged Councilors to reach out to staff or meet with the budget team if they have any questions. Mayor Santellana moved to Item 10 — Executive Session Item 10 — Executive Session City Council adjourned into Executive Session at 9:24 a.m. in accordance with Texas Government Code §551.071. City Council reconvened at 9:54 a.m. Mayor Santellana reconvened in open session and announced that no votes or polls were taken. Mayor Santellana returned to Item 7b Item 7b — Resolution 85-2022 9:54 Resolution finding that Leetech Solutions, LLC is in material breach of contract for the 2021 Lift Station 15, 36 & 39 Rehabilitation Project, and declaring an immediate termination of contract. Russell Schreiber, Director of Public Works, discussed the breach of contract and stated that the City has paid a minimal amount to the contractor and the total the City will have to pay is the bid amount. Any differences or damages recovered will be paid by the bonding company. CITY COUNCIL MINUTES August 2, 2022 PAGE 8 OF 14 A motion and second were previously made by Councilor Brewer and Councilor Smith. The motion carried with the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: None Item 8b — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 9:59 a.m. Mr. Hegglund discussed law relating to council comments and citizen comments. Open meetings laws require that an item regarding City business be posted on the agenda in order to discuss the item. Council comments should be limited to items that are not City issues. Citizens may speak about city issues, but the law does not allow Councilors to comment, but staff can give factual statements or recite policy. He wanted citizens to understand why Councilors do not respond to their comments, and explained the difference between what a Councilor can comment on versus a citizen. Councilor Nelson thanked everyone for attending. He stated that there is a Dollar General being built on East Scott, voter registration is increasing, and he discussed a poultry farm being opened on McKinney Road. He thanked Russell Schreiber for his assistance. Councilor Whiteley stated that he has attended the Ranch Roundup yearly and every year he has received complaints. This year he attended and did not receive any complaints. He gave kudos to the MPEC staff for their hard work. He congratulated the employee of the month, and recognized how hard the public safety support team works. Councilor Browning thanked everyone for attending the meeting. Councilor Smith discussed the Region V Texas Municipal League meeting hosted by Wichita Falls this past week and stated it was a great meeting and opportunity to meet with other cities. He stated that he attended the United Way Early Childhood Coalition Program meeting. United Way reorganized this group and they will be opening up for membership for anyone interested. He encouraged citizens to find out more about this group and consider joining. Councilor Brewer thanked everyone for attending and he encouraged citizens to reach out via phone or email with any concerns they may have. CITY COUNCIL MINUTES August 2, 2022 PAGE 9 OF 14 Mayor Santellana thanked everyone that attended Taco Fest, and thanked those that made the event possible. Congratulations to Judge Gillen for his retirement and congratulations to Diane Dockery for being appointed as the new Municipal Judge. Congratulations to the Employee of the Month. It is nice to see the employee of the month videos, see the employee in action, and hear from those that work with them. He enjoys seeing quality employees that enjoy what they do. Item 9 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 10:08 a.m. Scott Poenitzsch, 3399 Peterson Rd, Iowa Park, addressed the Council in reference to the Farmer's Market. He is a small business owner and vendor at the Farmer's Market, and the current President of the Farmer's Market Association. He discussed the challenges over the past few weeks for all those involved. He noted that the Farmer's Market building is owned by the City, and the Farmer's Market Association is a business entity formed in January 2018, and has 129 voting members. The executive team has five positions that are elected, voluntary, and they receive no compensation. The association voted in May of 2022 to give the Treasurer a $250 per month stipend. All other positions remain without compensation. MWH, a certified public accounting firm, oversees the records, books and tax filings. On December 15, 2020, the association entered into a lease agreement with Downtown Wichita Falls Development (DWFD) for $750 per month. The lease expired on April 30, 2022, and the Association received a notice to vacate the building by August 19, 2022. Mr. Poenitzsch discussed the additional duties Association members completed on a regular basis including cleaning areas of the building, making repairs, and securing the building after events. He discussed a petition that has 3,094 signatures asking to negotiate for a fair lease amount. The Farmer's Market Association wishes to remain at the Farmer's Market building and they are prepared to pay a lease of several thousand dollars a month. The Association asked the Council to rescind the agreement with Downtown Wichita Falls Development, and provide a forum where all three parties can discuss the issues and arrive at an amicable solution that does not negatively affect the downtown area. Carol Castro, 2515 Missile Road, owner of Carol Castro's ceramics, vendor at the Farmer's Market, and secretary of the Farmer's Market Association addressed the Council and requested that the Council revoke the contract with DWFD for managing both the facility and Market at 713 Ohio. She discussed issues with the April 19, 2022, City Council meeting, where the City Council unanimously approved the agreement with no input or mention of the Farmer's Market Association. She suggested that the Council revoke the agreement approved on April 19, 2022, appoint two market managers, and offer one contract for $1500 per month to the Association to manage market days, and a contract with DWFD for $2000 per month to manage the venue for all other events. She stated that this is fair to all parties and favors the City. CITY COUNCIL MINUTES August 2, 2022 PAGE 10 OF 14 Philip Spangler, 4642 Summit Drive, addressed the City's press release from July 19, 2022, that stated the City Council voted unanimously to approve an agreement with DWFD to lease the Farmer's Market building for $1.00 per year for five years. The same press release stated that the amount paid to the Farmer's Market Association to DWFD would be negotiated between those two organizations. He addressed his understanding of the offer from DWFD to the Association to lease the building for $1350 per month and half of the Associations profits. The last offer was for$3450 when the previous agreement was $750. Mr. Spangler stated that as of August 1, 2022, the City website listed the Mayor and Councilor Brewer as members of the Downtown Wichita Falls Development Steering Committee. He expressed concerns about them serving on this committee, and asked that they resign immediately. Mr. Hegglund stated that under the law there is no conflict of interest for the Mayor and Councilor Brewer to serve on that committee. Mr. Leiker stated that he believes the comment is referring to the original Downtown Development Steering Committee that has been sunset for several years. Diane Haney, 7033 Seymour Hwy, customer of the Farmer's Market stated she feels that we are kicking a good man when he is down. She discussed heat and drought issues that have affected farmers, reducing their production and income. Farmers and vendors take turns cleaning restrooms and other areas to keep the expenses down. She discussed successful events at the market that bring visitors to downtown, and how those visitors spend money at other downtown businesses. She stated that if the City charges so much that farmers quit or move out you may be closing the downtown area because of the decreased traffic. Valerie Rhodes, 1706 Avalon Place, addressed the Council and stated that she believes Wichita Falls is a great place to live, raise children, and retire. She stated that unfortunately, there is not much to do for citizens between the age of 30-40, and she was disappointed when the last bond election for Streetscapes in the downtown area failed. Items like that attract IT workers to the area and those workers are needed in order to attract new businesses. She is a member of the East Lynwood organization and she thanked Code Enforcement for stepping up their efforts to get people to clean up. She thanked the Council for the new transportation center, and the new East Lynwood Center. She expressed concern with the air conditioner in the East Lynwood Center being too loud, and asked the City to revisit that issue and see if the unit can be quieter. She discussed Red Fox Road where there is parking on one side of the street but no parking on the side where the park is located. People park on the no parking area adjacent to the park for safety. Ms. Rhodes said they were told years ago that the City would build a niche adjacent to the park, which has not been done, and she expressed concerns for the need for street signs encouraging drivers to slow down. She asked for water relief in poor neighborhoods and cooling stations for citizens that have no air and no way to get out of the heat. CITY COUNCIL MINUTES August 2, 2022 PAGE 11OF14 Joey Diaz, 319 Rockwood Drive, stated he has been a citizen of Wichita Falls for 20 years and a vendor at the market for six years, two of which have been under the Association. He has been excited to see growth in the market, and new businesses downtown. He expressed concerns with the inability to reach a reasonable agreement with DWFD. Mr. Diaz stated that he has a full time job, but many vendors do not and the market is their only income source. He asked that a group be brought together to discuss the issues to come to an agreement. Mr. Hegglund clarified that the Farmer's Market is not closing and vendors can maintain their spaces for $20 per day for farmers and $25 per day for non-farmers. Mr. Leiker stated that based upon what he has heard the fee might go down for vendors because the fees will be capped. The City hopes that all vendors and customers will continue to support the facility. The City has pledged to set aside any funds raised will be used to repair and upgrade the facility and complete various projects. This is why the City has asked to receive 50% of the stall fees. Mr. Hegglund discussed the chapter in the Code of Ordinances that sets the daily stall rental fees for the Farmer's Market. The Ordinance states that fees are set by the market manager in consultation with the City Manager. Current rates are $20 for farmers and $25 for non-farmers. The Ordinance coupled with the contract provides set fees that cannot be modified except by the City manager, and no one can charge more or less than the set fee because it is against the law. Mr. Leiker stated that the fees were set low to protect the vendors. Becky Raeke, 2420 Reilly Road, Wichita Falls, thanked the Mayor and Council for all they do and for what they endure for the community. Ms. Raeke is the current President of the DWFD board. She stated that this has been a difficult situation, and that on behalf of the board and staff of DWFD all vendors are encouraged to stay and conduct business, whether they are a member of the association or not. No vendor must choose a different location and DWFD is actively seeking to maintain vendors for the success of the market. Vendor protection is in place in accordance with the contract with the City to keep stall fees stable. It was not the original intent to take over management but they have taken this opportunity to provide continuity for the vendors and customers, and improves the market. With the hiring of an experienced Program Director, coupled with a maintenance, marketing, and cleaning plan they are confident that the market will continue to thrive. They understand how vital the success of the market is to Wichita Falls, and the downtown area. They recognize that long time vendors and producers have helped make the market what it is today and they want them to stay and give DWFD an opportunity to over deliver on their promises. Becky Morath, 10852 W. FM 171, Wichita Falls, addressed the Council and stated she has been a vendor at the market since 2007 and at that time, there was one other vendor and downtown buildings were derelict old buildings. They watched downtown grow and CITY COUNCIL MINUTES August 2, 2022 PAGE 12 OF 14 the Association hosted several events, and stall fees were paid to the City. Several years later DWFD took over. They allowed other vendors at the market and it continued to grow. About six years ago, her friend wrote a half a million grant that was distributed over three years. Stall fees were paid to DWFD, and advertising and the market manager were paid for with the grant. They knew that they would need a strong association once the grant funds ended. The Association submits paperwork to TDA so they can accept WIC and senior vouchers at the market. The Association handles the marketing for all special events at the market. Before February 2021, she was only being charged $15 per stall under DWFD, so the law was not being enforced. Mr. Hegglund clarified that the current stall fees went into effect this year. Randy Young, 3969 State Highway 79 South, Wichita Falls stated he has been a member of the Farmer's Market for about six years. He discussed the USDA grant administered by Vernon College to help with the organization and marketing. At that time, DWFD was the governing body over the market and they did not participate other than taking fees. When the grant ended, DWFD took over and there was a downturn in the market. The association was formed and since then the market has thrived. They have doubled to triple the number of vendors and are bringing people into downtown. The association has served the community exceedingly well and he encouraged the City to continue to work with the association. He asked if the market association was considered at all when the new law went into effect. Ruth Ann Turnbo, 1708 N. Beverly, owner of Smarty Plants Herbs, is a vendor at the Farmer's Market and her family participates in the Market to supplement their income and to be part of the community. They have participated in the market for nine years. She is a substitute teacher and stated that she feels like she is back in high school watching two individuals fighting over a chair as they try to figure out what to do with the market that is so dear to them. She proposes that the Farmer's Market be purchased by the Association, and she discussed concerns with address inconsistencies at the market. She proposes that the association purchase the building, provide the maintenance and upkeep, and remove the middleman allowing them to continue to thrive. Steve Jackson, 1027 Crescent Lane, Wichita Falls, addressed the Council as a concerned citizen, asked to discuss the 5% pay raises, and began to recite the dollar amounts of various proposed raises. Mr. Hegglund stated that Councilor Jackson was in violation of the Open Meetings law as an elected official discussing City Business that was not posted as an agenda item. Councilor Jackson continued to speak over Mr. Hegglund and Mayor Santellana, and his microphone was cut off. Mayor Santellana asked Councilor Jackson to show some professionalism, and Councilor Jackson stated he was here for the citizens. Mr. Hegglund asked Mr. Jackson to stop speaking because he was violating the Open Meetings Act. Mayor Santellana discussed the rules of decorum and asked Councilor Jackson to sit down or he could be removed from meeting. CITY COUNCIL MINUTES August 2, 2022 PAGE 13 OF 14 Mr. Hegglund clarified that it is a violation of state law for a member of the council to discuss an item of City business that is not on the agenda. The item Councilor Jackson tried to discuss is part of the budget that will be a posted agenda item discussed at the next Council meeting. Mayor Santellana stated that at the next meeting Councilor Jackson would have the opportunity to speak about his concerns. Item 11 —Adjourn Mayor Santellana adjourned the meeting at 10:46 a.m. PASSED AND APPROVED this 16th day of August 2022. f4- Stephen Santellana, Mayor ATTEST: 4yaitAA,- Marie Balthrop,TC, MMC City Clerk CITY COUNCIL MINUTES August 2, 2022 PAGE 14 OF 14