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Min 09/20/2022 City of Wichita Falls City Council Meeting fir ; Minutes }. September 20, 2022 � e 1ft\I";1C4i4 TEXAS x S/ueicfrIe.4e/de Offorfiu 7ie5. 4r t `"P" ` 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 Steve Jackson - Larry Nelson - Michael Smith - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Jeff Browning, Councilor District 3 Mayor Santellana called the meeting to order at 8:30 a.m. Item 2a — Invocation Pastor Brian Bosworth, Floral Heights United Methodist Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Proclamation — National Forensic Week, Wichita Falls Police Department 8:32 a.m. Mayor Santellana read a Proclamation proclaiming September 18-24, 2022, as National Forensic Science Week in Wichita Falls and urged residents to express their appreciation for people, facilities, and technologies that make reliable forensic science possible in our community. Item 3b — Proclamation —Walk to End Alzheimer's, Alzheimer's Association 8:37 a.m. Mayor Santellana read a Proclamation proclaiming September 24, 2022 as Wichita Falls Walk to End Alzheimer's Day in Wichita Falls and welcomed everyone to participate in the largest event held to raise awareness and funds for the care, support, and research, so that one day we can have our first Alzheimer's survivor. Item 3c — Proclamation — National Hispanic Heritage Month, Wichita Falls Alliance for Arts and Culture and Zavala Hispanic Cultural Initiative 8:41 a.m. Mayor Santellana read a Proclamation proclaiming September 15, 2022, through October 15, 2022, as National Hispanic Heritage Month in Wichita Falls and called upon residents to build a community that is more just and peaceful, and celebrates the culture by taking part in events during this month long celebration. Mayor Santellana recognized the Zavala Hispanic Cultural Initiative, Potencia Projects, and the Mexican American Veterans Association of Wichita Falls, and the Zavala International Dancers performed a dance. Item 3d— Proclamation—Constitution Week, Daughters of the American Revolution 8:51 a.m. Mayor Santellana read a Proclamation proclaiming September 17-23, 2022, as Constitution Week in Wichita Falls and asked citizens to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. Item 3e — Professional Firefighters Association Presentation of MDA Award CITY COUNCIL MINUTES September 20, 2022 Page 2 8:54 a.m. Al Vitolo, Wichita Falls Professional Firefighters Association President, presented the MDA Award for collecting the fifth highest amount of money for MDA in Texas and Oklahoma, and thanked the Mayor and Council for allowing Wichita Falls Firefighters to collect for MDA on and off duty. MDA Fill the Boot begins this week and he encouraged citizens to give. Mayor Santellana congratulated them for collecting $54,708.80 last year and encouraged citizens to give more this year. Item 3f — Texas Commission on Environmental Quality Water Partners: Water Systems Helping Water Systems Award — City of Wichita Falls 8:56 a.m. Russell Schreiber, Director of Public Works, recognized the City of Wichita Falls Public Works Utility Division, and congratulated them for receiving the Texas Commission on Environmental Quality Water Partners: Water Systems Helping Water Systems Award. This award recognizes their hard work and dedication for not only keeping the city's water system up and running during Winter Storm Uri but also for assisting other municipal water systems in the area with emergencies, treatment processes, and getting their systems back up and running during the winter storm. Mr. Schreiber thanked the team for all they do on a daily basis to support the City of Wichita Falls and the entire region. Mayor Santellana expressed his appreciation and gratefulness for the Public Works Utility Division employees and congratulated them on receiving this award. Item 4-5 — Consent Items 9:02 a.m. Paul Menzies, Assistant 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 Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 4 — Approval of Minutes of the September 6, 2022, Regular Meeting of the Mayor and City Council CITY COUNCIL MINUTES September 20, 2022 Page 3 Item 5 — Receive Minutes (a) Wichita Falls Economic Development Corporation, June 6, 2022 (b) Wichita Falls-Wichita County Public Health Board, July 8, 2022 (c) Lake Wichita Revitalization Committee, August 9, 2022 Item 6a — Ordinance 41-2022 9:03 a.m. Ordinance reappointing Mike Whalen as Substitute Judge of the Municipal Court for a term of two years. Moved by Councilor Brewer to approve Ordinance 41-2022. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 6b(i) — Public Hearing on an Ordinance to rezone 1304 Trout St. from Single Family-2 (SF-2) to Planned Development — Mixed Use (PUD-MU) zoning district 9:04 a.m. Mayor Santellana opened the public hearing at 9:04 a.m. Terry Floyd, Director of Development Services, discussed the proposed rezoning project timeline and benefits. The project includes redevelopment of the former school building into 15 dwelling units and spaces to support two non-profits, and future Phase II projects. This is an owner initiated rezoning request and it was unanimously approved by the Planning and Zoning Commission, and staff recommends approval. Mr. Hegglund stated that Councilor Nelson does have an ownership interest in this property and he has complied with all state conflict of interest laws, filed an affidavit with the City Clerk prior to the meeting, and will recuse himself from discussion and voting on this item. CITY COUNCIL MINUTES September 20, 2022 Page 4 Dr. Cinetrea Grace-Williams discussed the proposed project that will include future civic centric services in the area during Phase 1. Services will include the William Masters School of Theology, 619 Productions Arts Center, community room, auditorium, feeding program through Our Father's Kitchen, food pantry, and community garden. Pastor Kenneth Williams expressed his appreciation for the atmosphere and culture of Wichita Falls. Pastor Williams discussed the first part of Phase II, which would include constructing 14 apartment units that are ADA accessible and have a common area. Beverly Ellis, 1605 Parkdale, addressed the Council and asked why we are not able to get land from the community to build grocery stores, and why there are no service stations in the area. She expressed concerns with building apartment complexes when what they need in Eastside are houses, and stated she has asked for these things to be considered in the past. She asked the Council to consider development in Eastside, expressed her concerns about the developer's credentials, and expressed concerns about deals being made behind closed doors. Councilor Jackson asked if Pastor and Dr. Williams are residents of Wichita Falls. Pastor Williams stated that they are in the process of securing housing in Wichita Falls, but will keep their home in Fort Worth. Their interest is in serving this community to meet the needs of people in Wichita Falls, and he did not believe there was a requirement to be a resident of Wichita Falls to serve the community. He is not aware of any deals being made, but they have worked hard on this project and have not asked for any favors. His wife has served many non-profit communities throughout Texas over the past 20 years and they currently serve in Our Father's Kitchen serving meals six days a week to those in need. Dr. Cinetrea Grace-Williams addressed the question regarding her credentials and stated that she is a graduate of Texas Women's University, attended LSU, received her Life Coaching Degree, attended a Bible College, is an honorary doctoral recipient for Arts, Letters, and Publications, and has a doctoral degree. She has served communities for many years, was named one of the Great Women of Texas in 2013, and their non-profit has received awards from the City of Fort Worth and other cities. It is an honor to serve others, and she agreed that there is a need for a grocery store, would be honored to help with that need, and is willing to meet with anyone that would like to speak to them. Mayor Santellana addressed Ms. Ellis' concerns and acknowledged the need for grocery stores and service stations, but does feel that should hinder or stop a different kind of project in the area. He welcomes any type of development on Eastside and welcomes outside interests and investment in our community. Penny Rhodes, 1706 Avalon PI., addressed the Council and stated that she is excited about the new development, but agreed with Ms. Ellis and said she has been talking about these needs with the City for many years. There are certain things the city can do CITY COUNCIL MINUTES September 20, 2022 Page 5 to entice businesses, and even before Vision 20/20, Wichita Falls hired a consultant that said development in downtown and Eastside had to be done. Affordable housing is needed to help citizens in Eastside become homeowners and beat the cycle of poverty. The need for a grocery store has been discussed for years, and maybe the City can piggyback off this project to bring other development in the area. Ms. Rhodes recognized former City Councilor, DeAndra Chenault for helping get the Dollar Store built in Eastside. Mayor Santellana closed the public hearing at 9:23 a.m. Item 6b(ii) — Ordinance 42-2022 9:24 a.m. Ordinance to rezone 1304 Trout St. (+/- 1.98 Acres out of Block 5, J.A. Scott Survey, No. 12, Abstract 269) and 1400 Trout St. (+/- 5.34 Acres out of Block 6, J.A. Scott Survey, No. 12, Abstract 269), from Single Family-2 (SF-2) to Planned Unit Development - Mixed Use (PUD-MU) zoning district to allow for civic centric development offering community social services and housing. Moved by Councilor Brewer to approve Ordinance 42-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Smith, and Whiteley Nays: Councilor Jackson Councilor Nelson recused himself from voting this item. Item 6c(i) — Public Hearing on an Ordinance to rezone 1811 E. Central Fwy., 1825 E. Central Fwy., and 0 E. Central Fwy from General Commercial to Light Industrial zoning district. 9:25 a.m. Mayor Santellana opened the public hearing at 9:25 a.m. Mr. Floyd discussed the proposed rezone project timeline and benefits of the project that would allow for the development of a heavy equipment sales and service center. This project was unanimously approved by the Planning and Zoning Commission and staff recommends approval. CITY COUNCIL MINUTES September 20, 2022 Page 6 Steve Lin, CDS Muery, thanked the Council for their consideration, thanked staff for their assistance, and discussed the proposed project. The current plan is to develop the front portion of the building first, which will be a showroom and office space. Mayor Santellana asked how far they are along in the project, and Mr. Linn stated they are in the design phase and hope to submit plans to Development Services in October. Mayor Santellana closed the public hearing at 9:33 a.m. Item 6c(ii) — Ordinance 43-2022 9:33 a.m. Ordinance to rezone 1811 E. Central Fwy. (Lot 2, Block 1, Knox Addition), 1825 E. Central Fwy. (14.54 Acres of Block 16, Kemp & Newby Subdivision of DCSL A-33) and 0 E. Central Fwy. (10 Acres out of Lot 1, Block 1, Knox Addition) from General Commercial (GC)to Light Industrial (LI)zoning district and amend the Land Use Plan from Commercial to Light Industrial to allow for the development of a heavy equipment sales and service center. Moved by Councilor Brewer to approve Ordinance 43-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Mayor Santellana moved to Item 7(a) Item 7(a) — Resolution 110-2022 9:35 a.m. Resolution appropriating a total of $100,000 of American Rescue Plan (ARPA) Funding to the City's General Fund for a funding allocation to the Helen Farabee Centers for mental health and substance abuse services. Moved by Councilor Jackson to approve Resolution 110-2022. Motion seconded by Councilor Nelson and carried by the following vote: CITY COUNCIL MINUTES September 20, 2022 Page 7 Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7b — Resolution 111-2022 9:36 a.m. Resolution authorizing the City Manager to enter into a Master Services Agreement with HCH Enterprises Corp dba HCH Enterprises Corp providing professional services related to training for program management and administration of the City's American Rescue Plan Act (ARPA)funding plan in accordance with the U.S. Treasury State and Local Fiscal Recovery Fund (SLFRF) rules. Moved by Councilor Brewer to approve Resolution 111-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7c — Resolution 112-2022 9:38 a.m. Resolution authorizing the City Manager to execute all documents necessary to purchase replacement lockers, including installation, for Fire Stations 1, 2, 4, and 6 from Gear Grid, Inc. in the amount of $54,953.00 and appropriating American Rescue Plan Act (ARPA) funds for such Moved by Councilor Brewer to approve Resolution 112-2022. Motion seconded by Councilor Jackson and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7d — Resolution 113-2022 CITY COUNCIL MINUTES September 20, 2022 Page 8 9:47 a.m. Resolution authorizing the City Manager to execute all documents necessary to purchase fifty (50)sets of personal protection equipment (PPE)from Casco Industries in the amount of $142,050.00 and appropriating American Rescue Plan Act (ARPA) funds for such. Moved by Councilor Whiteley to approve Resolution 113-2022. Motion seconded by Councilor Brewer and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7e — Resolution 114-2022 9:53 a.m. Resolution authorizing the City Manager to approve Change Order No. 2 for the 2022 Asphalt Rehabilitation Project to Freeman Paving, LLC in the amount of$149,875.00. Moved by Councilor Brewer to approve Resolution 114-2022. Motion seconded by Councilor Jackson and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7f— Resolution 115-2022 9:56 a.m. Resolution of the City of Wichita Falls authorizing and approving the reappointments of individuals to the Board of Directors of the Nortex Housing Finance Corporation. Moved by Councilor Whiteley to approve Resolution 115-2022. Motion seconded by Councilor Brewer and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES September 20, 2022 PAGE 9 OF 15 Item 7g — Resolution 116-2022 9:57 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC) Budget for Fiscal Year 2022-23. Moved by Councilor Brewer to approve Resolution 116-2022. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Nelson, Smith, and Whiteley Nays: Councilor Jackson Item 7h — Resolution 117-2022 10:06 a.m. Resolution authorizing the City Manager to execute all documents necessary and to appropriate American Rescue Plan (ARPA) funds for the purchase and installation of synthetic turf on the four (4) north fields at the Wichita Falls Sports Complex by Hellas Construction, Inc. in the amount of$3,300,000. Moved by Councilor Jackson to approve Resolution 117-2022. Motion seconded by Councilor Smith and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Mayor Santellana returned to item 6d Item 6d(i) — Public Hearing on an Ordinance finding certain buildings and/or structures to be dangerous. 10:14 a.m. CITY COUNCIL MINUTES September 20, 2022 PAGE 10 OF 15 Mayor Santellana opened the public hearing at 10:14 a.m. Mr. Floyd, addressed the council and discussed the dangerous structure criteria, demolition process, notice timeline, and presented the following dangerous structures for demolition: 2001 11th St., main structure — Date of notice April 26, 2022, and there were no public comments. 1514 15th St., main structure — Date of notice April 22, 2022 and there were no public comments. 1516 15th St., main structure — Date of notice July 8, 2022 and there were no public comments. 1209 21st St., main structure — Date of notice June 21, 2022. Cassandra Castro, P.O. Box 664, and her fiancé addressed the Council and stated that they purchased this property together and would like to restore the property. There has been little progress due to recent high temperatures. Rita Miller discussed the fire that happened in 2018, and stated that since the property is not owner occupied, a contractor would have to be hired to complete the work, and if a restoration permit were granted the owners would have 90 days to have substantial completion of the restoration. There was brief discussion regarding the timeline and required resources. Ms. Miller stated that with a restoration permit the property stays on the list and if substantial completion is not met in 90 days the property would move forward on the demolition list. 1412 Bluff St., main structure — Date of notice April 25, 2022, and there were no public comments. 4430 Burkburnett Rd., main structure — Date of notice April 22, 2022, and there were no public comments. 600 Burnett St., main structure — Date of notice May 19, 2022. Rex Hendrix, 1707 Hayes, addressed the Council and stated that this building has a lot of potential, has been cleaned up and secured, and he had a buyer interested in putting in a cabinet shop until Code Enforcement placed the building on the demo list. There was brief discussion about the repairs needed and the 90 day timeline. Cody Melton, Fire Marshall, noted a permit has not been issued for work at this location, there was a fire in this building, and since the building is over 2500 sq. foot a sprinkler system will be required for a commercial business. Ms. Miller encouraged the potential buyer to schedule a predevelopment meeting before moving forward. 404 Dallas St., main structure — Date of notice April 25, 2022. This property has an active demolition permit, but staff recommends keeping this property on the list. There were no public comments. CITY COUNCIL MINUTES September 20, 2022 PAGE 11OF15 1610 Enterprise St., main structure — Date of notice April 25, 2022. A roofing permit was recently issued for this property. Jose Garcia, 1450 44th Street, addressed the Council and stated that he is currently accessing the roof to see if the building is worth saving. 2915 Kessler Blvd., main structure— Date of notice May 5, 2022, and there were no public comments. 811 Linda Ln., main structure — Date of notice April 28, 2022, and there were no public comments. 1220 Redwood Ave., main structure — Date of notice April 25, 2022, and there were no public comments. 916 E. Scott St., main structure — Date of notice May 5, 2022, and there were no public comments. Mayor Santellana closed the public hearing at 11:04 a.m. Item 6d(ii) — Ordinance 44-2022 11:04 a.m. Ordinance finding certain buildings and/or structures to be dangerous; requiring property owners to demolish said buildings and/or structures within thirty (30) days of the date of this ordinance and declaring an emergency and immediate effective date. Moved by Councilor Jackson to approve Ordinance 44-2022 and allow 1209 21st, 600 Burnett St., and 1610 Enterprise to obtain a restoration permit. Motion seconded by Councilor Brewer and carried by the following vote. Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8a — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 11:06 a.m. CITY COUNCIL MINUTES September 20, 2022 PAGE 12 OF 15 Councilor Jackson stated that he appreciated the consideration to allow a 90-day extension for the three structures, especially for the young couple and the possible cabinet shop that would bring business downtown. He thanked everyone for attending, and being here for all of the proclamations, and encouraged citizens to get out and vote. Councilor Whiteley stated that he appreciates the Firefighters and the MDA award presented to the City Council, and encouraged everyone to support the MDA Fill the Boot campaign. He discussed the money appropriated for the bunker gear this morning being a big deal as cancer is the leading cause of death in firefighters across the nation. Carcinogens resulting from a fire are now more dangerous to firefighters than entering a burning building. In reference to the demolition properties, he stated that less than 1% of people that ask for a restoration permit actually complete the project. The Council is not against restoration, but past history has shown that these projects are hard to complete. Councilor Nelson enjoyed the carnival and thanked the MPEC for opening a concession stand when the carnival concession stands ran out of food. The carnival was very secure and he appreciated that, and feels like the MPEC is a better location than Sikes Senter. He thanked Blake Jurecek for the work on the baseball fields and asked for repairs to the concession stands at the sports complex. Councilor Jackson supported comments made by Councilor Whiteley regarding the MDA campaign, keeping fire gear clean to prevent cancer, and expressed his thanks to Fire Department for all they do for our community. Mayor Santellana recognized and welcomed four MSU students that attended the entire Council meeting. Councilor Smith reminded everyone of the recent Police Academy graduation where 13 new officers graduated, and stated it was a well-attended and inspiring event. 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. Beverly Ellis, 1605 Parkdale, addressed the Council and stated she is very glad to be back in Wichita Falls and at the City Council meetings. She thanked the Council for allowing time for the young couple to restore their property and become taxpaying homeowners, and she thanked the Firefighters for watching out for our citizens. She was very happy to see the Zavala dancers and she looks forward to seeing them again at the October 8, 2022, Senior Expo. The 12th Annual Senior Expo will be at the Stone Palace, 1211 Indiana, from 9-2 on October 8, 2022. The Senior Benefit Resource Group is asking for assistance to identify resources available, and there will be 20-30 Vendors on sight to provide information to senior citizens and disabled adults. Ms. Ellis thanked the members CITY COUNCIL MINUTES September 20, 2022 PAGE 13 OF 15 of the U.S. Army as she is a veteran, and she thanked the MSU students that attended today. Item 10 — Executive Session City Council adjourned into Executive Session at 11:19 a.m. in accordance with Texas Government Code §551.74. City Council reconvened at 11:31 a.m. Mayor Santellana reconvened in open session and announced that no votes or polls were taken. Item 11 — Appointments to Boards and Commissions 11:02 a.m. Moved by Councilor Smith to reappoint Darron Leiker to Place 1 on the Type A Wichita Falls Economic Development Corporation with a term to expire 09/30/2025. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Nelson, Smith and Whiteley. Nays: Councilor Jackson Moved by Councilor Smith to appoint Kari Shaw to Place 3 on the Lake Wichita Revitalization Committee with a term to expire 07/31/2027. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith and Whiteley. Nays: None Item 12 —Adjourn Mayor Santellana adjourned the meeting at 11:34 a.m. CITY COUNCIL MINUTES September 20, 2022 PAGE 14 OF 15 PASSED AND APPROVED this 4th day of October 2022. Stephen Santellana, Mayor ATTEST: Marie Balthrop,TRMC, MMC City Clerk CITY COUNCIL MINUTES September 20, 2022 PAGE 15 OF 15