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Min 08/16/2022 City of Wichita Falls . City Council Meetingx r .�_ Minutes }� \t1) 4f. ( August 16, 2022 �Id r TEXAS (4 .. Ncee5A-05.4e/der-0pfortuau7ies 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 Ken Holsberry, Minister 10th & Broad Church of Christ, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Proclamation —Women's Equality Day, League of Women Voters 8:33 a.m. Mayor Santellana read a Proclamation proclaiming August 26, 2022, as Women's Equality Day in Wichita Falls and recognized the League of Women Voters of Wichita County along with women from all over the city gathered here today to celebrate the 102 anniversary of the nineteenth amendment. Item 4-5 — Consent Items 8:38 a.m. Darron Leiker, City Manager, gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Smith to approve the consent agenda. 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 4a — Approval of Minutes of the August 2, 2022, Regular Meeting of the Mayor and City Council Item 4b — Approval of Minutes of the August 9, 2022, Special Meeting of the Mayor and City Council Item 5 — Receive Minutes (a) MPO-TAC, April 7, 2022 (b) MPO-TPC, April 26, 2022 (c) Park Board, June 23, 2022 (d) Lake Wichita Revitalization Committee, July 12, 2022 Item 6ai — Public Hearing on an Ordinance amending the Wichita Falls Code of Ordinances, Appendix B: Zoning. 8:40 a.m. Mayor Santellana opened the public hearing at 8:40 a.m. CITY COUNCIL MINUTES August 16, 2022 PAGE 2 OF 10 Paul Menzies, Assistant City Manager, gave a presentation and discussed the history of the Downtown (Re) Zoning Initiative that began in 2017, and delays in the process due to the pandemic. Terry Floyd, Director of Development Services, discussed the ten public input meetings held December 9, 2021, through August 16, 2022, to discuss the zoning changes in the downtown area, and the efforts made to contact all parties involved through social media, postcards, and press releases. There is a dedicated page on the city's website for the process that has been used to share information, and messages were sent out via the City's notify me application. Mr. Floyd discussed the recommended text changes to the Code of Ordinances, Appendix B: Zoning, differences from the recommendations in the Freese and Nichols report, the updated property use tables, and recognized Karen Montgomery-Gagne for her work on this project. Councilor Whiteley asked about the boundaries of each zone since the maps are not clear, and some of the boundaries do not follow streets or alleys or they fall in the middle of a block. He is in favor, but concerned about redefining boundaries to follow streets and possible future unintended consequences due to the current boundaries. Mr. Menzies stated that most of the boundaries of the city wide zoning from 1985 were probably drawn to make current businesses compliant. He stated there was not much public input during the process to adjust the boundaries, and noted that this plan is not permanent and Council has the ability to adjust and rezone property. Councilor Whiteley stated that he understands this recommendation came from the Planning and Zoning Commission and it was not a unanimous vote. His opinion is that we should clean it up now as opposed to going through rezoning in the future. Councilor Nelson asked for a copy of the downtown zoning tables and asked about businesses with drive-thru windows. Mr. Floyd discussed items considered when allowing drive-thru windows at a business. There were no comments from the public. Mayor Santellana closed the public hearing at 9:09 a.m. Item 6a(ii) — Ordinance 30-2022 9:09 a.m. Ordinance amending the Wichita Falls Code of Ordinances, Appendix B: Zoninq revising, consolidating and incorporating sections addressing: definitions, downtown zoning district boundaries, creation of special downtown zoning districts, downtown non-conforming use limitation and appeal process, development regulations (setbacks), and incorporating a CITY COUNCIL MINUTES August 16, 2022 PAGE 3 OF 10 downtown zoning use table; and a Land Use Plan amendment to consolidate use categories in Greater Downtown; providing a repealer clause; providing for inclusion. Moved by Councilor Browning to approve Ordinance 30-2022. 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 6b — Ordinance 31-2022 9:10 a.m. Ordinance Amending Chapter 58 Article V — Lodging in Its Entirety, And Providing for Codification. Moved by Councilor Brewer to approve Ordinance 31-2022. Motion seconded by Councilor Smith. There was brief discussion regarding definitions, and concerns with wording. Mayor Santellana moved to 6c while staff researched the wording. Item 6c — Ordinance 32-2022 9:19 a.m. Ordinance accepting and appropriating a donation for COVID Positive Individuals Housing in the amount of$5,000 received from Wichita Falls Faith Mission. Moved by Councilor Brewer to approve Ordinance 32-2022. Motion seconded by Councilor Jackson and carried by the following vote. Ayes: Mayor Santellana, Councilors Browning, Jackson, Nelson, and Whiteley Nays: None CITY COUNCIL MINUTES August 16, 2022 PAGE 4 OF 10 Item 7(a)i — Public Hearing on the Fiscal Year 2023 Proposed Operating Budget 9:23 a.m. Mayor Santellana opened the public hearing at 9:23 a.m. Jessica Williams, Director of Finance/CFO, discussed the proposed 2022-2023 fiscal year budget. She discussed the 19.63% increase over the prior year budget, and how some of the increase is due to use of fund balance and transfers between funds for one-time expenditures. When one-time expenditures are removed, the increase is 10.52% over the prior year. Paul Clark, 2101 Miramar, asked about tax rates and increases in taxes in relation to the budget and increased revenues. Mr. Leiker discussed the proposed reduced tax rate, and the 3.5% cap in property tax revenues. At the proposed tax rate, the City will not meet the 3.5% revenue cap. He stated that the City is not bringing in 19.4% of additional property taxes, since there are other sources of revenue. Mr. Leiker discussed appraisal values versus tax rates; the 10% increase cap on appraisal values; how these items together determine the amount of taxes paid; various property tax exemptions; and stated that estimates of tax calculations are sent out by the Appraisal District. There was brief discussion regarding the difference between additional property tax revenues versus total revenues in the budget, and changes due to SB 2. Ms. Williams shared a slide that showed each revenue source and the percent increase over last year. Mayor Santellana closed the public hearing at 9:34 a.m. Item 7(a)ii — Resolution 93-2022 9:35 a.m. Resolution Setting a Date for Adoption of the FY 2023 Budget. Moved by Councilor Brewer to approve Resolution 93-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES August 16, 2022 PAGE 5 OF 10 Item 7b — Resolution 94-2022 9:36 a.m. Resolution expressing the City Council's intent to place a proposal on a future Council agenda approving a property tax rate that exceeds the no new tax rate, but does not exceed the voter-approval tax rate; scheduling one public tax rate hearing, and establishing the date to vote on same Moved by Councilor Brewer to approve Resolution 94-2022. Motion seconded by Councilor Smith. Ms. Williams discussed changes due to SB 2, the current tax rate, the no-new revenue rate, the voter approval rate, and the recommended tax rate of $0.694321, which is an 8.7% decrease from last year's tax rate and below the voter approval rate. Mr. Leiker discussed how citizens could calculate their city taxes by multiplying the proposed rate per$100 of property value, possible exemptions, and city services provided that are supported by property taxes. Moved by Councilor Browning to amend the main motion to include the proposed tax rate of $0.694321 . Motion to amend was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Brewer to approve the main motion as amended. 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 7c — Resolution 95-2022 9:43 a.m. CITY COUNCIL MINUTES August 16, 2022 PAGE 6 OF 10 A Resolution of the City Council of the City of Wichita Falls, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2022 Rate Review Mechanism Filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory liability; requiring the company to reimburse ACSC's reasonable ratemaking expenses; determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this resolution to the company and the ACSC's legal counsel Moved by Councilor Browning to approve Resolution 95-2022. 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 7d — Resolution 96-2022 9:52 a.m. Resolution authorizing the City Manager to award bid and contract for the 2022 Sewer Budget Utility Improvement Project — Phase 2 to Bowles Construction Co. in the amount of $1,192,530.00 Moved by Councilor Brewer to approve Resolution 96-2022. 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 7e — Resolution 97-2022 9:55 a.m. CITY COUNCIL MINUTES August 16, 2022 PAGE 7 OF 10 Resolution authorizing the City Manager to award bid and contract for the 2022 Concrete Street Rehabilitation Project to Scales Concrete Construction Co. INC in the amount of $881,287.00 Moved by Councilor Browning to approve Resolution 97-2022. 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 7f— Resolution 98-2022 9:59 a.m. Resolution authorizing the City Manager to execute an agreement with Brandy Belk, dba Suga B's, at Wichita Falls Regional Airport for Food, Beverage, and Gift Shop Concessions at Wichita Falls Regional Airport. Moved by Councilor Brewer to approve Resolution 98-2022. Motion seconded by Councilor Browning and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Mayor Santellana returned to Item 6b at 10:04 a.m. Lou Kreidler discussed the wording in the Ordinance and the difference between a Bed and Breakfast and a Lodging Establishment. Ms. Kreidler stated that the current wording in the proposed Ordinance is correct. The motion previously made by Councilor Brewer and seconded by Councilor Smith carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley CITY COUNCIL MINUTES August 16, 2022 PAGE 8 OF 10 Nays: None Item 8a— Staff Report— Update of exhibits and holdings of the former Wichita Falls Railroad Museum (Paul Menzies, Assistant City Manager, and Madeleine Calcote- Garcia, Executive Director, Museum of North Texas History) 10:05 a.m. Mr. Menzies discussed the past two years regarding the non-profit group that previously ran the Railroad Museum, their disbandment, and the end of their lease with the City. The Museum of North Texas History completed a complete inventory of all holdings and they are considering selling part of the fleet to help fund other needs. Ms. Calcote-Garcia discussed the proposal and accomplishments including the inventory of over 100 different objects. She recommended that the City transfer approximately 50% of the collection from outside the stock cars to the Museum of North Texas History, and discussed items in poor condition and items too large to store. The remainder of the collection could be sold or donated to another museum, organization, or collector. Ms. Calcote-Garcia stated that she has a list of interested parties. Due to historical significance they recommend keeping the 304 Fort Worth and Denver Engine, Burlington Route Coal Tender, one of the United States Postal Service cars, one of the silver MKT Bunk Cars, the Trolley Car, the black and yellow hand car, the Blue Pullman car, and one or both of the cabooses. They recommend that the City restore the exterior of the engines and stock they are keeping and they should be restored by someone with expertise and experience. They recommend a roof covering and fences around the remaining cars, City maintenance of the grounds, and the addition of interpretative signage. The vision for this area is to be accessible to the public and become a highlight of Wichita Falls. Ms. Calcote-Garcia discussed the cars suggested for removal from the collection due to poor condition or redundancy. She recommended the first step of coming to an agreement to transfer the smaller items, and using funds from cars sold, grants, and individual donations to fund the restoration process. Staff will continue to work with the Museum of North Texas History to implement the recommendations if that is what the Council desires. Item 8b — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:30 a.m. Councilor Brewer asked Lou Kreidler to explain the ribbon cutting for the flashing beacon held yesterday. Ms. Kreidler stated that Karel Davis, Texas Healthy Communities CITY COUNCIL MINUTES August 16, 2022 PAGE 9 OF 10 Program, applied for a grant along with our Aviation, Traffic, and Transportation department to set up flashing beacons at a crosswalk. It was a national grant program and the City was the only city in the nation to receive the grant for the beacon. Aviation, Traffic, and Transportation Department along with the Streets Division assisted with the installation at Lamar Elementary to provide safety for some of our most vulnerable citizens. Councilor Browning reminded everyone that Hotter than Hell is next weekend. Councilor Whiteley thanked everyone that assisted with the cleanup efforts downtown this past weekend. He recognized Carol Murray for attending the majority of council meetings this year. Mayor Santellana discussed the ribbon cutting for the flashing beacon and stated that it was neat that we were the only city in the nation to receive the grant. He thanked Downtown Development and those that assisted with the cleanup downtown over the weekend. Item 9 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 10:35 a.m. There were no comments from the public. Item 10 —Adjourn Mayor Santellana adjourned the meeting at 10:36 a.m. PASSED AND APPROVED this 6th day of September 2022. S fephen Santellana, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk CITY COUNCIL MINUTES August 16, 2022 PAGE 10 OF 10