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AGD 12/20/2022 City of Wichita Falls City Council Agenda Stephen Santellana, Mayor ,; r �� \--nil Bobby Whiteley, Mayor Pro Tem/At Large --% '"''.." r �.- Michael Smith, District 1 ^+ 10,;;;‘,.%i ;Larry Nelson, District 2 �tw v �� Ak4/4 Jeff Browning, District 3 4rls�,:A 5' Tim Brewer, District 4 °� , (t r ,u, ` TEXAS Steve Jackson, District 5 ,o ' ��:. '' Pte,5A e.4OYderk Ofportorem5 '4"r)T,A -' Darron Leiker, City Manager Kinley Hegglund, City Attorney Marie Balthrop, City Clerk Notice Of Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers, Memorial Auditorium, 1300 Seventh Street, Tuesday, December 20, 2022, Beginning At 8:30 A.M. This meeting can be accessed and viewed at the following locations: 1. A livestream will be shown on the Spectrum/Time Warner Cable Channel 1300 2. A livestream will be shown on the City's Facebook page (City of Wichita Falls, Texas Government) (https://www.facebook.com/CitvofWF) 3. A video of the meeting will be posted on the City's YouTube page (https://www.voutube.com/citvofwf) Item # 1. Call to Order 2. (a) Invocation: Pastor Gene Holley Life Church (b) Pledge of Allegiance 3. Presentations (a) Proclamation — Eagle Scout Day 2023, Northwest Texas Boy Scouts of America Council (b) Presentation - Atmos Energy Annual Operations Report and discussion on Line A Replacement Project in Wichita County — Pam Hughes-Pak CONSENT AGENDA 4. Approval of minutes of the December 6, 2022 Regular Meeting of the Mayor and City Council. 5. Resolutions (a) Resolution authorizing the purchase of four (4) 52-inch mowers and two (2) 72- inch mowers for the Parks Maintenance Division through the BuyBoard Purchasing Cooperative from Berend Turf& Tractor, LP in the amount of$96,751.30 (b) Resolution authorizing the purchase of a John Deere 35G Compact Excavator and tilt trailer for the Parks Maintenance Division through the Sourcewell Purchasing Cooperative from Yellowhouse Machinery Company in the amount of$90,435.00 6. Receive Minutes (a) Wichita Falls Park Board, October 27, 2022 (b) Lake Wichita Revitalization, November 8, 2022 REGULAR AGENDA 7. Ordinances (a) Ordinance canceling the regularly scheduled Council meeting on January 3, 2023 (b) Ordinance approving the transfer of various aged receivable accounts to dormant status and appropriating FAA COVID Funds to the Kickapoo Airport Fund as part of the City's fiscal year end closing process (c) An Ordinance requested by Onelife Community Church granting a variance from Section 5430(A) of the Wichita Falls Code of Ordinances, which prohibits alcohol sales within 300 feet of a church, to the property at 807 Austin Street described as Lot 11-A, Block 172, Original Townsite, owned by Onelife Community Church (d) Ordinance Amending Ordinance No. 37-2022, the fee schedule Section 6 Health, 6a Animal Services, adding subsection 12; Wichita County Sheriff's Office fees; providing for severability; providing that such ordinance shall not be codified (e) Ordinance Amending Chapter 14 Article III Division 3 Residential Permits, Section 14-202 Project Animals Permit, and Providing for Codification 8. Resolutions CITY COUNCIL AGENDA PAGE 2 OF 5 (a) Resolution authorizing the execution of an Inter Local Agreement between the City of Wichita Falls and Wichita County for the provision of limited Animal Control Services in the unincorporated areas of Wichita County (b) Resolution authorizing the City Manager to award bid and contract for the City of Wichita Falls Landfill Entrance Facility Improvements Project to Anthony Inman Construction, Inc. in the amount of$1,180,224.00 (c) Resolution authorizing the City Manager to approve Change Order No. 1 for the City of Wichita Falls Landfill Entrance Facility Improvements Project for a deduction of$238,760.00 (d) Resolution confirming reappointment to the Firefighters and Police Officers' Civil Service Commission (e) Resolution authorizing the City Manager to execute a five-year contract with H Two Management and Marketing to provide waterpark management services for Castaway Cove in the amount of$162,000 (f) Resolution approving the programs and expenditures of the Wichita Falls Type B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $49,000 to John Dickinson Et al., dba Restoring the Past LLC, to assist in mechanical, electrical, and plumbing system upgrades as part of the renovation of the existing building at 608 7th Street downtown 9. Other Council Matters Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10.Comments from the public to members of the city council concerning items that are not on the city council agenda. People wishing to address the council should sign up prior to the start of the meeting. A three-minute time frame will be adhered to for those addressing their concerns. Since comments from citizens are not posted agenda items, the City Council is prohibited from deliberating or taking any action, other than a proposal to place the item on a future agenda. Staff may provide factual statements in response to inquiries or recite existing policy. 11.Executive Sessions (a) Executive Session in accordance with Texas Government Code §551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee, including, but not limited to members of the following boards and commissions: • Airport Board of Adjustments • Construction Board of Adjustments & Appeals CITY COUNCIL AGENDA PAGE 3 OF 5 • Landmark Commission • Planning & Zoning • TIF #2 • TIF #3 • TIF #4 • Zoning Board of Adjustment (b) Executive Session in accordance with Texas Government Code § 551.087, to discuss or deliberate the offer of a financial or other incentive to a business prospect that the City Council seeks to have, locate, stay, or expand in or near the territory of the City of Wichita Falls and with which the City and/or economic development corporations created by the City are conducting economic development negotiations. 12.Appointments to Boards and Commissions • Airport Board of Adjustments • Animal Shelter Advisory Committee • Construction Board of Adjustments & Appeals • Landmark Commission • Park Board • Planning & Zoning • TIF #2 • TIF #3 • TIF #4 • Wichita County— City of Wichita Falls Health Board • Water Resources Commission • Zoning Board of Adjustment 13.Adjourn Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours' notice. Please call the City Clerk's Office at 761-7409. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including, without limitation, any street, water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated, and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item CITY COUNCIL AGENDA PAGE 4 OF 5 otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the 14th day of December, 2022 at 4:30 o'clock p.m. L-tqaAA...v— City Clerk CITY COUNCIL AGENDA PAGE 5 OF 5 City of Wichita Falls . City Council Meeting .�_ Minutes 4 }� 44 774, December 6, 2022W T E X A S4J 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 Major Joe Burton, Salvation Army, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Employee of the Month — Simeon Marchbanks, Utility Collections PAGE 1 of 8 AGENDA ITEM NO.4 8:32 a.m. Mayor Santellana recognized Simeon Marchbanks as the Employee of the Month for December 2022 and shared a brief video. Mayor Santellana congratulated Mr. Marchbanks and presented him with a plaque, letter of appreciation, dinner for two, and a check, and thanked him for his service. Item 3b — Proclamation — Soup & Socks Day, Project Texoma —Anndrea Harris 8:38 a.m. Mayor Santellana read a proclamation proclaiming December 10, 2022, as Soup & Socks Day in Wichita Falls and encouraged all citizens to support this wonderful project based organization by donating items, your time, or monetary donations. Item 4-6 — Consent Items 8:41 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 Nelson 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 November 15, 2022 Regular Meeting of the Mayor and City Council Item 5a — Ordinance 58-2022 Ordinance authorizing the City Manager or his designee, to accept from the Office of the Governor, Homeland Security Grant Division, the 2022 State Homeland Security Grant Program — Grant/Application #4447201, in the amount of$36,326.88. Item 5b — Ordinance 59-2022 CITY COUNCIL MINUTES December 6, 2022 Page 2 PAGE 2 of 8 AGENDA ITEM NO.4 Ordinance appropriating $2,244.67 of grant funds pursuant to the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant, appropriating said funds to the Special Revenue Fund, and authorizing the City Manager to execute all documents necessary to accept and share said funds. Item 5c — Resolution 157-2022 Resolution establishing a designated mailing address, email address, and website for the receipt of Public Information Requests; requiring the City Clerk to post notice of said official designations on the City's website; and providing an effective date. Item 5d — Resolution 158-2022 Resolution authorizing the purchase of a Pothole Repair Truck for the Street Department through the Houston-Galveston Area Council (H-GAC) Purchasing Cooperative from Bruckner Truck Sales, Inc. in the amount of $264,217.00. Item 6 — Receive Minutes (a) Wichita Falls —Wichita County Public Health Board, September 9, 2022 (b) Wichita Falls Economic Development Corporation, September 15, 2022 (c) Planning & Zoning Commission, October 12, 2022 (d) Landmark Commission, October 18, 2022 (e) Wichita Falls Economic Development Corporation, October 20, 2022 Item 7a — Ordinance 60-2022 8:43 a.m. Ordinance authorizing the carry-forward of capital and related funds from the FY 2022 Budget to the FY 2023 Budget as part of the FY 2022 year end closing process. Moved by Councilor Brewer to approve Ordinance 60-2022. 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 8a — Resolution 159-2022 CITY COUNCIL MINUTES December 6, 2022 Page 3 PAGE 3 of 8 AGENDA ITEM NO.4 8:45 a.m. Resolution authorizing the purchase of Reverse Osmosis Membrane Elements in order to replace six reverse osmosis trains at Cypress Water Treatment Facility, from Toray Membrane USA Inc., in the amount of$814,464.00. Moved by Councilor Browning to approve Resolution 159-2022 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 8b — Resolution 160-2022 8:49 a.m. Resolution authorizing the City Manager to execute a change order with Clark Contractor, LLC for the renovation of the Wichita Falls MPEC Exhibit Hall in the amount not to exceed $3,303,924. Moved by Councilor Brewer to approve Resolution 160-2022. Motion seconded by Councilor Browning Blake Jurecek noted that the agenda outline listed "in the amount not to exceed $3,500,000," however, Mr. Leiker read the agenda item and the motion was made with the correct amount of$3,303,294. Mr. Jurecek gave a presentation and discussed the history of the venue tax, the amount of funding available, the proposed renovations, and the importance of the MPEC having the same look and feel as the new convention center. Staff recommends using the same contractor approved for the convention center through a change order, which is the most cost-effective and timely option. There was a brief discussion regarding the change order process complying with the charter and state law. Mr. Leiker, Mr. Hegglund, and Mayor Santellana discussed that the change order complies with both, and will save taxpayer dollars. Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: Councilor Jackson CITY COUNCIL MINUTES December 6, 2022 Page 4 PAGE 4 of 8 AGENDA ITEM NO.4 Item 8c — Resolution 161-2022 9:12 a.m. Resolution authorizing the City Manager to execute American Institute of Architects (AIA) contract to Bundy, Young, Sims, and Potter Architects (BYSP) to prepare building/construction documents for the Memorial Auditorium Building renovation in the amount not to exceed $918,750. Moved by Councilor Browning to approve Resolution 161-2022. Motion seconded by Councilor Smith. Mr. Jurecek discussed public health concerns and the proposed renovation project. There was a brief discussion regarding the project being overdue and important, and the need for a facility needs assessment for public safety facilities. Mr. Jurecek stated that funding was approved for a needs assessment and that process has been started. Mr. Leiker clarified that the 2018 bond election voted against using general obligation bonds paid by an increase in property taxes to fund a new municipal facility, not against the project itself. He noted that the majority of this project is funded with federal dollars, and discussed that public safety facilities are a priority, but may require a bond election or other funding options. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: Councilor Jackson Item 8d — Resolution 162-2022 9:25 a.m. Resolution authorizing award of bid for the purchase of ten (10) 2023 Ford Utility Police Interceptors from the low bidder Caldwell Country Ford, LLC in the amount of$434,250. Moved by Councilor Brewer to approve Resolution 162-2022. Motion seconded by Councilor Smith. CITY COUNCIL MINUTES December 6, 2022 PAGE 5 OF 8 PAGE 5 of 8 AGENDA ITEM NO.4 John Burrus, Director of Aviation, Traffic and Transportation, stated that due to price increases, the number of vehicles being purchased was decreased by one, and the purchase of a supervisor vehicle was delayed. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8e — Resolution 163-2022 9:30 a.m. Resolution authorizing award of bid for the purchase of eight (8) 3/4-ton pickup trucks from the low bidder, Wichita Falls Ford-Lincoln, Inc., in the amount of$358,898.18. Moved by Councilor Browning to approve Resolution 163-2022. Motion seconded by Councilor Jackson. Mr. Burrus stated that due to a fifty percent price increase, the number of vehicles being purchased was reduced from twenty to eight, and we are replacing eight of the most critical units. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8f— Resolution 164-2022 9:32 a.m. Resolution authorizing award of bid for the purchase of five (5) one-ton pickup trucks from the low bidder, Wichita Falls Ford-Lincoln, Inc., in the amount of$227,717.22. Moved by Councilor Browning to approve Resolution 164-2022. Motion seconded by Councilor Jackson and carried by the following vote: CITY COUNCIL MINUTES December 6, 2022 PAGE 6 OF 8 PAGE 6 of 8 AGENDA ITEM NO.4 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. 9:34 a.m. Councilor Brewer congratulated all of the Firefighters and Police Officers that were recently promoted and thanked them for the good job they do. Councilor Smith reminded everyone of the Christmas parade that will be held downtown on Saturday, December 17th, and that December 7th is Pearl Harbor Remembrance Day. Councilor Whiteley congratulated the Employee of the Month, Simeon Marchbanks. He stated that he attended the stakeholder contractor meeting held this week, and he asked that we consider having the meetings quarterly. Item 10 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 9:37 a.m. Annie Nickerson, 5113 Wildflower Lane, member of VFW Auxiliary 8878, asked for the City Council's permission to hang Hometown Heroes banners on light poles. The cost of the brackets and banners will be paid for with donations and the only cost to the City would be the labor to hang the banners. Ms. Nickerson discussed possible community involvement and suggested locations downtown or on Kemp. Erica Goss, 1708 Eagle Ridge Circle, read a prepared statement regarding her and her neighbor's concerns about the new Dollar General on Seymour Highway and the entrance on Turtle Creek Blvd. She asked that the entrance and exit both be routed onto Seymour Highway. She noticed today that the concrete has already been poured and asked that the entrance on Turtle Creek be blocked off. Item 11 —Adjourn Mayor Santellana adjourned the meeting at 9:44 a.m. CITY COUNCIL MINUTES December 6, 2022 PAGE 7 OF 8 PAGE 7 of 8 AGENDA ITEM NO.4 PASSED AND APPROVED this 20th day of December 2022. Stephen Santellana, Mayor ATTEST: Marie Balthrop, TRMC, MMC City Clerk CITY COUNCIL MINUTES December 6, 2022 PAGE 8 OF 8 PAGE 8 of 8 AGENDA ITEM NO.4 CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Resolution authorizing the purchase of four (4) 52-inch mowers and two (2) 72-inch mowers for the Parks Maintenance Division through the BuyBoard Purchasing Cooperative from Berend Turf & Tractor, LP in the amount of$96,751.30. INITIATING DEPT: Aviation, Traffic & Transportation STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: N/A COMMENTARY: The City has purchased mowers through a cooperative purchasing program for the past several years. We have found this process to be cost-effective not only in the initial purchase but also for maintenance during the life of the product. By limiting the acceptable models, we are able to maintain a limited parts inventory as well as inter-change components when necessary. All of the mowers are replacement units (see attached list). Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold. . . under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. Staff recommends the purchase of four (4) Toro Model #72906 52" mowers and two (2) Kubota RCK72R 72" Rear Discharge mowers through the BuyBoard Purchasing Cooperative from Berend Turf& Tractor, LP in the amount of$96,751.30. Budgeted Cost $158,000.00 Actual Cost: $96,751.30 Budget Savings: $61,248.70 Staff selected a smaller cut 52" mower than the 60" budgeted. Hence, the additional budget savings. ® Director of Aviation, Traffic & Transportation ASSOCIATED INFORMATION: Resolution ® Budget Office Review PAGE 1 OF 5 PAGES AGENDA ITEM NO. 5.A ® City Attorney Review ® City Manager Approval PAGE 2 OF 5 PAGES AGENDA ITEM NO. 5.A Resolution No. Resolution authorizing the purchase of four (4) 52-inch mowers and two (2) 72-inch mowers for the Parks Maintenance Division through the BuyBoard Purchasing Cooperative from Berend Turf& Tractor, LP in the amount of $96,751.30 WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and WHEREAS, the City Council finds that Berend Turf & Tractor, LP is offering four (4) Toro Model #72906 52" mowers and two (2) Kubota RCK72R 72" Rear Discharge mowers through the BuyBoard Purchasing Cooperative, and it is in the City's best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City Staff is authorized to execute all documents necessary to purchase four 52- inch mowers and two 72-inch mowers through the BuyBoard Purchasing Cooperative from Berend Turf& Tractor, LP in the amount of$96,751.30. PASSED AND APPROVED this the 20th day of December 2022. MAYOR ATTEST: City Clerk PAGE 3 OF 5 PAGES AGENDA ITEM NO. 5.A Berend Turf & Tractor 4315 Seymour Hwy. - - Wichita Falls,TX 76309 TURF dlt TRACTOR (940)691-1141 "You got work to do" www.BerendTurfandTractor.com Invoice# WF1-0 PO#: Salesman: Jay Berend Date 10/5/2022 Document#: WF1-11223 Ship Via: Time 11:15 AM Due Date: 11/20/2022 Terms: Net 20th City of Wichita Falls Acct Dep PO#58584(71655) Ship To: P.O.Box 1431 Wholegood Estimate Wichita Falls TX 76307 Reprint ,Small Engine(Shane Burnett)(940)761- Contact: 6838 Item Number Sales Extended Back Drop Description Qty Price Amount Disc Subtotal Tax Amount Order Ship Misc Part Toro Model#72906 25hp Kohler Command Pro EFI 4.00 $12,450.00 $49,800.00 $49,800.00 $49,800.00 Engine 52"Turbo Force Deck Cash Check/Check# CC/CC Type On Acct. Mfg Credit CIT Deposit Other $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 _ Summary of Charges $0.00 Taxable $49,800.00 Non-Taxable $49,800.00 Subtotal $0.00 Sales Tax $49,800.00 Total $0.00 Amount Tendered $0.00 Change Due Exempt Tax Cert#: 75-6000714-2 Customer Signature Date Expiration Date: 12/31/9999 Printed:10/5/2022 11:18 AM Page 1 of 1 Pages PAGE 4 OF 5 PAGES AGENDA ITEM NO. 5.A Contract Numbers: F2690 WEB QUOTE#2465476 iliafiBoard 1=E #597-19 Date:9/15/2022 10:09:01 AM • • g°�=" "�/"^r GM-#611-20 —Customer Information-- Looney,Wade City of Wichita Falls wade.looney@wich itafallstx.gov 940-761-7931 Quote Provided By BEREND TURF&TRACTOR,LP Jay Berend 4315 SEYMOUR HWY. WICHITA FALLS,TX 76309 email:jberend@berendturfandtractor.com phone:9406911141 --Standard Features-- --Custom Options-- 1 '��) bo��® F2690 Base Price: $23,204.00 . ' (1)SUSPENSION SEAT inc.C. F8280SUSPENSION SEAT F Series F2690 (1)72"REAR DISCHARGE MOWER $5,139.00 """EQUIPMENT IN STANDARD MACHINE""" RCK72RF3&72"REAR DISCHARGE MOWER Configured Price: $28,343.00 DIESEL ENGINE TRANSMISSION BUY BOARD Discount: ($5,668.60) Model#D1105 Hydrostatic Drive(F2fR2) 3 Cyl., 1123 cu.cm. Forward Speed--0-12.5 mph SUBTOTAL. $22,674.40 +24.8 Gross Eng.HP Reverse Speed--0-6.8 mph Dealer Assembly: $63.75 @3000 Eng.RPM Front Differential Lock CARB Certified Freight Cost: $487.50 Alternator--40 Amps FLUID CAPACITY PDI: $250.00 Hand Throttle Fuel Tank 16.1 gal Dual Element Air Cleaner Cooling System 4.9 qts Engine Oil 3.7 qts Total Unit Price: $23,475.65 OPERATING FEATURES Transmission and Hydraulics 14.8 Tilt Steering Wheel qts Quantity Ordered: 2 Power Steering Final Sales Price: $46,951.30 Deluxe Suspension Seat SAFETY EQUIPMENT wl 4 Adj.Controls 2 Post Foldable ROPS wl Retractable Sear Belt HYDRAULICS ROPS meet ISO and OSHA Open Center—Gear Type Safety Start Switch 2 Point Hitch Lift Operator Presence Control Cap at Lift Point--573 lbs Parking Brake Purchase Order Must Reflect 8.6 GPM Hyd.Pump Cap. Overheat Alarm Buzzer 6 GPM Remote Outlet the Final Sales Price INSTRUMENTS HYD. INDEPENDENT Liquid Chrystal Dispay(LCD)Panel PTO Hour Meter Hyd.Multi-Disc PTO Electric Fuel Gauge Single Speed PTO Temperature Gauge To order equipment—purchase orders must be made out and 2545 rpm @ 3000 Eng.rpm Easy Checker TM returned to: Oil Light Charge Light Kubota Tractor Corporation +Manufacturer Estimate Glow Plug Light Attn:National Accounts 1000 Kubota Drive Grapevine,TX 76051 or email NA.Support@kubota.com or call 817-756-1171 or fax 844-582-1581 SELECTED TIRES AR8641&AF9398A FRONT-24x12.00-12 R3 Maxxis Pro Tech REAR-18x9.50-8 R3 Kenda Super Turf K500 'All equipment specifications are as complete as possible as of the date on the quote.Additional attachments,options,or accessories may be added(or deleted)at the discounted price.All specifications and prices are subject to change.Taxes are not included_The PDI fees and freight for attachments and accessories quoted may have additional charges added by the delivering dealer These charges will be billed separately_Prices for product quoted are good for 60 days from the date shown on the quote_All equipment as quoted is subject to availability_ 0 2018 Kubota Tractor Corporation_All rights reserved. PAGE 5 OF 5 PAGES AGENDA ITEM NO. 5.A CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Resolution authorizing the purchase of a John Deere 35G Compact Excavator and tilt trailer for the Parks Maintenance Division through the Sourcewell Purchasing Cooperative from Yellowhouse Machinery Company in the amount of$90,435.00. INITIATING DEPT: Aviation, Traffic & Transportation STRATEGIC GOAL: Efficiently Delivery City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: As part of the additional $1 million provided for vehicle and equipment capital replacement in the FY 23 budget, a replacement tractor with front loader was identified for the Parks Maintenance Division. However, upon review by staff, it was determined that a John Deere 35G Compact Excavator would provide more versatility, value, and productivity for the Parks Maintenance Division. Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements. This chapter does not apply to expenditure for. . . (12) personal property sold. . . under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391. Staff recommends the purchase of one (1) John Deere 35G Compact Excavator and a tilt trailer through the Sourcewell Purchasing Cooperative in the amount of$90,435.00. This unit will replace a 2000 New Holland tractor. Budgeted Amount: $150,000.00 Actual Amount: $90,435.00 Budget Savings: $59,565.00 ® Director of Aviation, Traffic & Transportation ASSOCIATED INFORMATION: Resolution ® Budget Office Review ❑ City Attorney Review ® City Manager Approval PAGE 1 OF 6 PAGES AGENDA ITEM NO. 5.B Resolution No. Resolution authorizing the purchase of a John Deere 35G Compact Excavator and tilt trailer for the Parks Maintenance Division through the Sourcewell Purchasing Cooperative from Yellowhouse Machinery Company in the amount of $90,435.00 WHEREAS, the City of Wichita Falls desires to purchase a John Deere 35G Compact Excavator and tilt trailer; and, WHEREAS, Texas Local Government Local Government Code §252.022 exempts items purchased through interlocal cooperative purchasing contracts from the State's competitive bidding requirements; and WHEREAS, the City Council of the City of Wichita Falls has passed a resolution approving the participation in such cooperative agreements; and WHEREAS, the City Council finds that Yellowhouse is offering one (1) John Deere 35G Compact Excavator and tilt trailer through the Sourcewell Purchasing Cooperative, and it is in the best interest to purchase equipment in accordance with the Cooperative Purchasing Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: City Staff is authorized to execute all documents necessary to purchase one (1) John Deere 35G Compact Excavator and tilt trailer through the Sourcewell Purchasing Cooperative from Yellowhouse Machinery Company in the amount of$90,435.00. PASSED AND APPROVED this the 20th day of December 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 6 PAGES AGENDA ITEM NO. 5.B —— • Joillibt,...- --------------- 1 nit It I*IT IF it it it..q L.iA ,., , , , . .., Lb...1 L i I 11' II I' 1 I .,ilfITI'' '554+ ' •',.•1 4' - I I RIC ''''" . .1=17•••=1.-,f..... -4a,' ' I i DEO ..- .„ or"It 1 _....,--.... ...- . .,ffi lil ' . .... • ''''4 . : 7," ...... _.....,.„,„ . 0..4„......-. A . ...., ,. _ • , ..._„.. ,...,, 111 - . . -,_ -- . . _ . . . . '' •---'. ,:-...,,, ,7,,,•., ,-",, ...*'-_.•: ,-.',:°' f.'I,'''''''''"-.4;,„,''et'."-:•,' -tk'n'. ''',.,'"...,:...-k'''4..,;,.....,,$..-..',`,„.:-,.,,,., . . . ....,.„.r. , . "'''.4---4, 1,4 *:-'''''''I'''',''4,4f,l'?,,,, ::',i.:-••• •‘*•'''*''! ''"I'',I,•,. ,,,,,-. -,_.-- ,h,...' , ,-,-, : ,. ---, „..t•ti'‘''..- ' L , PAGE 3 OF 6 PAGES AGENDA ITEM NO. 5.B 0 JOHN DEERE IISIISE MACHINERY CO. Quote Summary Prepared For: Prepared By: CITY OF WICHITA FALLS GEOFF DRYSDALE PO BOX 1431 Yellowhouse Machinery Co_ WICHITA FALLS,TX 76307 2800 Central E Freeway Business: 940-761-7466 Wichita Falls,TX 76301 JENNIFER.BABINEAUX@WICHITAFALLSTX.GOV Phone: 940-322-3337 geoffd@yellowhouse.us c.A.Q +:cote Quote Id: 27594299 C• Created On: 11 October 2022 Last Modified On: 11 October 2022 Expiration Date: 11 November 2022 Equipment Summary Selling Price Qty Extended JOHN DEERE 35G Compact $68,570.00 X 1 = $68,570.00 Excavator John Deere Extended Warranty-60 $0 00 X 1 = $0.00 MONTH OR 2,000 HOUR FULL MACHINE WARRANTY CONNECT WORK TOOLS CH65 $8,665.00 X 1 = $8,665.00 INTERSTATE 16TST TILT DECK $13,200.00 X 1 = $13,200.00 TRAILER 16,000 LBS GVWR- 1JKTST160LM017442 Equipment Total $90,435.00 Quote Summary Equipment Total $90,435.00 SubTotal $90,435.00 Total $90,435.00 Down Payment (0.00) Rental Applied (0.00) Balance Due $90,435.00 Salesperson:X_ Accepted By:X Confidential PAGE 4 OF 6 PAGES AGENDA ITEM NO. 5.B ®JOHN DEERE p [ Selling Equipment MACHINERY CO. Quote Id: 27594299 Customer: CITY OF WICHITA FALLS JOHN DEERE 35G Compact Excavator Hours: Stock Number: Code Description Qty 0050FF 35G Compact Excavator 1 Standard Options-Per Unit 3125 Rubber Track 1 4150 Suspension Seat-Cloth 1 7120 Long Arm and Extra Counterwieght 1 8185 ROPS/FOPS Cab 1 9555 Angle Blade 1 Dealer Attachments BYT10962 12 in. (305 mm) Heavy Duty Bucket; 1 1.33 cu. ft. (0.038 cu. m)(3 Teeth Included) BYT10966 18 in. (457 mm)Heavy Duty Bucket; 1 2.8 cu ft. (0 080 cu. m)(4 Teeth Included) BYT10967 24 in. (610 mm)Heavy Duty Bucket; 1 4,0 cu. ft. (0.11 cu, m)(4 Teeth Included) Service Agreements John Deere Extended Warranty-60 MONTH OR 2,000 HOUR FULL MACHINE WARRANTY CONNECT WORK TOOLS CH65 Equipment Notes: Hours: 0 Stock Number: Code Description Qty CONNECT CH65 HYDRAULIC HAMMER 1 INTERSTATE 16TST TILT DECK TRAILER 16,000 LBS GVWR - 1JKTST160LM017442 Confidential PAGE 5 OF 6 PAGES AGENDA ITEM NO. 5.B ®JOHN DEERE HOUSE Selling Equipment MACHINERY CD Quote Id: 27594299 Customer: CITY OF WICHITA FALLS Equipment Notes; Flours: 0 Stock Number: 65441 Code Description Qty MISC INTERSTATE 16TST TILT 1 DECK TRAILER 16,000 LBS GVWR Confidential PAGE 6 OF 6 PAGES AGENDA ITEM NO. 5.B Wichita Falls Park Board Meeting October 27, 2022 W.F. Recreation Center 600 11 th Street Room 205 Time: 1:30pm Presiding: Jim Heiman Members Present: Dorcas Chasteen, Sandy Fleming, Patrick Hearn, Jessica Traw, Thomas Taylor, Josh Phillips, Michael Battaglino Members Absent: Alan Donaldson, Simeon Hendrix, Larri Jean Jacoby City Council Representative: Absent: Steve Jackson Other: Scott McGee, Terry Points (Staff Liaison) Absent: Blake Jurecek 1. CALL TO ORDER: Jim Heiman called the meeting to order at 1:30 p.m. 2. APPROVAL OF MINUTES: The minutes from September 22,2022, were put before the Board for approval. Josh Phillips made the motion to approve the minutes and Michael Battaglino seconded the motion. 4. DEPARTMENTAL REPORT: A. Recreation: Scott McGee • See Attached Recreation Report • Added Turf construction underway at Softball Complex, start to finish completion time estimated at 190 days. B. Parks: Terry Points • See Attached Parks Report C. Lake Wichita Revitalization Committee: • Plan for ground breaking on November 11, 2022 for Veterans memorial plaza, has been canceled at this time. D. Circle Trail Update: • No update at this time E. Parks Review Update: • Park Review Board Report : Working on Survey PAGE 1 of 2 AGENDA ITEM NO.6.a F. Other Business, Announcements, Comments: • E-Bikes: Texas Parks and Wildlife hosting an open comment session on November 2, 2022 on e-bike in state parks. • Next meeting set for December 1, 2022, Combine for November& December. Meeting w s a journed at 2:3 pm Signature: Jf1Y►'V Jim eiman (First hair) PAGE 2 of 2 AGENDA ITEM NO.6.a MINUTES LAKE WICHITA REVITALIZATION COMMITTEE October 11, 2022 PRESENT: • Members David Coleman, Chair Steve Garner, Vice Chair Sharon Roach Mike Battaglino Austin Cobb Kari Shaw Alicia Castillo, Gold Star Family Rep Blake Jurecek, Assistant City Manager •Staff Blane Boswell, City Engineer Terry Points, Parks Superintendent Robert Mauk, TX Parks & Wildlife •Guests ABSENT: Ford Swanson, John Strenski, Alison Sanders, Tim Brewer, Matt Marrs, Rick Hernandez 1. Call to Order: David called the meeting to order at 10:07 am. David introduced our new member, Kari Shaw, and welcomed her to the Committee. 2. Approval of Minutes: September meeting minutes were approved unanimously. 3. Project Updates: 3.a. Veteran's Plaza Project: Blane stated that the design will be 100% complete, signed and sealed, by the end of this week. Then the City will send the plans to Marrs Patriot Construction for them to update their pricing. After that, City Council approval will be required to proceed with a change order to effect the new design and start construction. The target City Council meeting is 15 November, at the earliest. David stated that he and Steve had been discussing holding a Groundbreaking ceremony on Veteran's Day, since Congressman Jackson is already scheduled to be here that day (originally set up so he could speak at a Dedication ceremony). However, since it's not possible to have City Council approval by 11 November, the decision was made to scrap the idea of a Groundbreaking ceremony. Instead, David will contact the Congressman's staff and discuss the situation with them, to see how they would like to proceed, perhaps to hold a Press Conference to publicize the potential start of the Veterans Plaza project. 3.b. Lake Deepening: Steve suggested we create a project to make improvements to the former Wichita Falls Yacht Club basin, which is on City property now leased by the Wild Bird Sanctuary. This idea was met with general support, and Steve will get more information from a company called Dredge America, since he recently got a point of October 11, 2022 PAGE 1 of 2 AGENDA ITEM NO.6.b contact there. Also, Austin will research any potential historic preservation grants that may be available from the State of Texas. 3.c. Kayak Launch Grant: Terry will schedule his crews to install the walkway first, but will wait for some rain to install the launch itself. 4. Discussion of Brick Sales and Fundraising Initiatives: David stated that all but about 75 of the Replicas have been picked up, but there are still many damaged or missing Replicas that will have to be re-made by Polar Engraving. Sharon suggested that Committee members could start calling the people who have not yet picked up their Replica, and David stated he would send out the information for that process to begin. In light of the construction schedule, the group agreed that the webpage at Polar Engraving (to enable new Brick orders to be placed) will be available until the end of November. 5. Other Business Matters: Steve mentioned that we need a rendering to show what the final Veterans Plaza project will look like, and the group agreed this should be done, and authorized David to spend up to $400 to get our rendering updated by Carey Dodson and printed on poster size foam board. 6. Adjournment: The meeting adjourned at 10:55 am. (2r:t6 David Coleman, Chair Date October 11, 2022 PAGE 2 of 2 AGENDA ITEM NO.6.b CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Ordinance canceling the regularly scheduled Council meeting on January 3, 2023. INITIATING DEPT: Legal STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice effective governance COMMENTARY: The January 3, 2023 City Council meeting falls the day after the New Year's Day holiday, a time when several City staff and officials will be off work enjoying time with their families. The attached ordinance will cancel that meeting. ® City Attorney ASSOCIATED INFORMATION: Ordinance ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 7.A Ordinance No. Ordinance canceling the regularly scheduled Council meeting on January 3, 2023 WHEREAS, the regularly scheduled Council meeting of January 3, 2023, falls the day after the New Year's Day holiday; and, WHEREAS, a number of City staff and officials will be off work enjoying time with their families; and, WHEREAS, it is efficient and proper to cancel the meeting regularly scheduled for such date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The regularly scheduled City Council meeting on January 3, 2023, is hereby canceled. PASSED AND APPROVED this the 20th day of December 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 7.A CITY COUNCIL AGENDA December 20, 2021 ITEM/SUBJECT: Ordinance approving the transfer of various aged receivable accounts to dormant status and appropriating FAA COVID Funds to the Kickapoo Airport Fund as part of the City's fiscal year end closing process. INITIATING DEPT: Finance STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: N/A COMMENTARY: Each year, the City removes various aged receivable accounts from the general ledger and transfers the accounts to dormant status. These delinquent receivables have been on the books for at least 90 days without activity and it has been determined that it is unlikely that they will be collected. The total net transfer to dormant status as of September 30, 2022, is in the amount of $133,378.98. This amount is approximately $89,958.46 less than the amount transferred to dormant status in the prior year. The breakdown of the amount transferred to uncollectible status is as follows: Water/Sewer/Refuse/Storm Water Charges $133,378.98 $133,378.98 Efforts will continue to be made to collect these accounts and they will remain in our system records. However, it is recommended that these accounts receivable be moved to an uncollectible status on the general ledger to reflect a more accurate figure on the City's financial records for anticipated assets. Water/Sewer/Refuse/Storm Water Collection Charges: These charges were for normal water/sewer/sanitation/storm water services that were provided during the 2021-22 fiscal year. The customer accounts have been closed and the deposits were insufficient to cover the outstanding balances. Collection efforts will continue for these debts, as debts of this nature are collected for the City through its contract with Perdue, Brandon, Fielder, Collins & Mott. In total, over$72.6 million of revenue was collected for water/sewer/sanitation/storm water services during the year, resulting in a very strong collection rate of over 100% of budgeted revenues. Kickapoo Airport Fund: The Kickapoo Airport fund requires additional appropriations from the FAA COVID Fund due to the increased cost of fuel in the prior year. While every effort was made to control overall appropriations, final fuel invoices, which account for fuel that was purchased at the end of the year, to be sold in the new year, contributed to the need for increased appropriations. It should be noted that revenues in the fund exceeded total PAGE 1 OF 4 PAGES AGENDA ITEM NO.7.B budgeted projections. Fuel sold in the past year will contribute to increased revenues in the current year. Staff recommends approval of the ordinance. ® CFO/Director of Finance ASSOCIATED INFORMATION: Ordinance ® Budget Office Review: ® City Attorney Review: ® City Manager Approval PAGE 2 OF 4 PAGES AGENDA ITEM NO.7.B Ordinance No. Ordinance approving the transfer of various aged receivable accounts to dormant status and appropriating FAA COVID Funds to the Kickapoo Airport Fund as part of the City's fiscal year end closing process WHEREAS, each year, the City Council removes from the general ledger various aged receivable accounts and transfers them to dormant status for possible collection by the Legal Department and/or outside collection agencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The Chief Financial Officer is hereby authorized to remove from the general ledger the charges hereinafter set out, which are now deemed un-collectible and/or obsolete: Water/Sewer/Refuse/Storm Water Charges $133,378.98 $133,378.98 2. The City Attorney and/or outside Collection Agencies are authorized to evaluate the un-collectible accounts receivable and file suits and claims therein if such actions are determined to be cost-effective. 3. The revisions to the FY 2021-22 Budget are hereby adopted. These revisions will increase appropriations in Kickapoo Airport Fund from $1,076,780 to $1,159,494, an increase of $82,714. The increase in the Kickapoo Airport Fund will be offset with a transfer in of available FAA COVID Cares Funds. PASSED AND APPROVED this the 20th day of December 2022. MAYOR ATTEST: City Clerk PAGE 3 OF 4 PAGES AGENDA ITEM NO.7.B Balance Balance Acct# Account Description 9/30/2021 9/30/2022 Increase 550 Water and Sewer 3,309,568.17 3,394,182.24 84,614.07 530 Sanitation 1,074,405.03 1,114,348.97 39,943.94 552 Stormwater 228,880.27 237,701.24 8,820.97 4,612,853.47 4,746,232.45 133,378.98 PAGE 4 OF 4 PAGES AGENDA ITEM NO.7.B CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: An Ordinance requested by Onelife Community Church granting a variance from Section 5430(A) of the Wichita Falls Code of Ordinances, which prohibits alcohol sales within 300 feet of a church, to the property at 807 Austin Street described as Lot 11-A, Block 172, Original Townsite, owned by Onelife Community Church. INITIATING DEPT: Development Services/ Planning STRATEGIC GOAL: Redevelop Downtown STRATEGIC OBJECTIVE: Enhance Focus on culture, arts, and entertainment venues. COMMENTARY: • August 1, 2022— Staff met with Ronnie Whitfield, Pastor of Onelife Community Church, and Scott Poenitzsch, WF Farmer's Market Association (WFFMA) President, to discuss the proposed operation of a farmer's market at 807 Austin. • August 20, 2022 — The WFFMA began operations at 807 Austin. Alcohol sales are not allowed as such is prohibited by City ordinance within 300-feet of a church (Onelife and WF Baptist). • December 9, 2022 — Variance request received from Onelife Community Church, property owner, on behalf of the WFFMA (see attached). • December 20, 2022 — City Council to consider request. The applicant, Onelife Church, has leased a portion of its property to the WFFMA for use as a farmer's market up to three (3) days per week since August 2022. Pursuant to Section 5430(A) of the City's Zoning Ordinance, alcohol sales at the site are not allowed as the site is within 300-feet of a church (both the site itself, Onelife Church, and WF Baptist next door). The property owner (Onelife) and tenant (WFFMA) request a variance to the regulation to allow for the sales of alcohol at 807 Austin as part of the farmer's market operations The Texas Alcoholic Beverage Code section 109.33(e) allows for the City Council to consider and/or grant applicable variances: ".....if the...governing body determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the court or governing board, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community." PAGE 1 OF 8 PAGES AGENDA ITEM NO. 7.0 As part of the variance request, the WFFMA has included letters of support from both churches within 300-feet: Onelife Community Church and WF Baptist Church at 1001 8th Street. WF Baptist Church is approximately 170-feet from the subject property owned by Onelife Community Church. In July 2017, the City Council granted a similar variance for alcohol sales within 300-feet of a church to the owners of 806 Travis, Alicia and Ismael Duran. The site was approximately 100 feet from the Messiah Baptist Church at 800 Travis St. Recommendation Staff recommends the City Council hear and consider the request. If approved, staff recommends the following conditions: 1. Alcohol sales will only be allowed during Wichita Falls Farmer's Market Association (WFFMA) market days and special events organized by the WFFMA; 2. The sales will only take place onsite (807 Austin) and not within the public right-of- way; 3. Only members of the WFFMA with applicable Texas Alcoholic Beverage Commission off premise retailer's licenses will be allowed to sell at 807 Austin St; ® Assistant City Manager ® Development Services Director ASSOCIATED INFORMATION: Exhibit A—Applicant Request Letter; Exhibit B— Photos of Subject Property & Area; Exhibit C —Separation Map; Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 8 PAGES AGENDA ITEM NO. 7.0 EXHIBIT A — Waiver Request 44rA rotting "take December 9th,2022 Darron Leiker City Manager City of Wichita Falls,TX On behalf of the Wichita Falls Farmers Market Association, I would like to formally request an ordinance variance to permit vendors, who hold a valid 1-ABC license that authorizes for off- premises sales of alcohol,be allowed to sell their products at Farmers Market events held at 807 Austin Ave,Wichita Falls,TX. The ordinance in reference is#5400,as enclosed. Furthermore, enclosed you will also find supporting information that a variance has been previously granted for an adjacent property to a church,for on-premises sale of alcohol in near proximity to the 807 Austin Ave location. We understand that such a request must be further approved by the Wichita Falls City Council, and this request begins that process. Finally,we would request that the process be expedited as reasonably possible,so as the impacted local vendors may begin sales. Respectfu miffed, Jr Mr • Poe zsc President-Wichita Falls Farmers Market Association (217)617-8046 Enclosures: - City Ordinance#5400 - TABC General Provisions Code - TABC Chapter 16—Winery Permit - City Council Meeting—July 5,2017 - TABC BG Permit—Potencia Projects LLC—806 Travis Street Google Map of Travis&8th Street with dimensions - Oneli€e Community Church approval letter - Wichita Falls Baptist Church approval letter PAGE 3 OF 8 PAGES AGENDA ITEM NO. 7.0 EXHIBIT A - Waiver Request Cont. Onekfe unity " A. To whom it may concern: Onelife Community Church will allow vendors to sell alcohol within the pavilion at 807 Austin. These vendors (including Horseshoe Bend Vineyards) and their sale of alcohol will only be allowed in association with the Wichita Falls Farmers Market Association. 1f you have any questions please feel free to contact me via email or phone. Respectfully, Ronnie Whitfield Lead Pastor, Onelife Community Church ronnie@onelifecc.orq 940-249-5004 Onelife Community Church 807 Austin St. Wichita Falls TX,78301 www.anefitecc.org PAGE 4 OF 8 PAGES AGENDA ITEM NO. 7.0 EXHIBIT A — Waiver Request Cont. Wichita Falls Baptist Church exalting God equipping saints evangelizing the world To Whom It May Concern: I,Jeremy Mollenkopf,pastor of Wichita Falls Baptist Church,am writing to you to on behalf of the leadership of our church. It is our understanding that the Texas Alcohol and Beverage Commission(TABC)requires permission for any alcohol sales or usage within 300 feet of a religious building. With the Wichita Falls Farmer's Market Association(WFFMA)relocating to 807 Austin St,that puts them within that distance, However,we will allow vendors to sell alcohol through the WFFMA. In 2016,Ismael and Alicia Duran with Potencia Projects sought an alcohol permit for their location at 806 Travis Street,which sits within 50 feet of our site on Travis Street.We also gave permission at that time to them for the permit they were seeking. If you have any questions or concerns,please feel free to call the church(940)766-4951 or my cell phone(940)882-1151. Thanks, Jeremy Mollenkopf Pastor Wichita Falls Baptist Church 1001 8th St. Wichita Falls,TX 76301 12/08/2022 PAGE 5 OF 8 PAGES AGENDA ITEM NO. 7.c EXHIBIT C — Site Photos Photo 1 —View of Subject Property from Austin St. �ti C, W d $ `,,b 'N., r i"I�1��q I ��, ��y i a. � F i €t_ �i :- i , � ) t ,,�� �� Ili + 1 , 4, R @. ..,,0%, .card .uffi'� fir p . t,,..:j N "°f gam * 'a ®i• r�W d +1�I� l ,,. 1 — Ta ., ' ' m Photo 1 —View of Subject Property from 8th St. ar , ,� r mow, OOne', • r "i. PAGE 6 OF 8 PAGES AGENDA ITEM NO. 7.0 EXHIBIT C — Separation Map ___ ,..‘ \ \ ,„ . ,\ ,_..._ ......2„.7, ,,,,,;.z,„1 r, oi „, k ---1 ':- - ,71,_ \I®w- 0 WF Baptist Church Entrance et WF Baptist Church OneLife Community 1 Church Entrance a SUBJECT ",1,V j PROPERTY ;= ., 0( ACuI s' ,, /P IIIIIIIII 0 40 80 160 Feet .. �\ e Subject property to Wichita Falls Baptist Church = 170 feet Legend Parcels PAGE 7 OF 8 PAGES AGENDA ITEM NO. 7.0 Ordinance No. Ordinance granting a variance from Section 5430.A. of the Wichita Falls Code of Ordinances, which prohibits alcohol sales within 300 feet of a church, to the property at 807 Austin described as Lot 11-A, Block 172, Original Townsite, which is owned by Onelife Community Church WHEREAS, Section 5430.A. of the Wichita Falls Code of Ordinances provides as follows: 5400. - ALCOHOLIC BEVERAGE SALES AND SERVICE 5430. - Sales near churches, hospitals and schools. A. The sale of alcoholic beverages within the city by any dealer whose place of business is within 300 feet of a church or public hospital, the measurements to be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections, is hereby prohibited. WHEREAS, Onelife Community Church, the owners of the property located at 807 Austin Street, are requesting to allow for onsite sales of alcohol and are within 300 feet of Wichita Falls Baptist Church at 800 Travis; therefore, they are requesting a variance from the Section 5430.A. prohibition of the sale of alcoholic beverages; and, WHEREAS, the City Council, upon review, finds that strict enforcement of Section 5430.A. of the Zoning Ordinance is not in the best interest of the public, creates an undue hardship on the applicant, and is not effective or necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: A variance from Section 5430.A. of the Wichita Falls Code of Ordinances, which prohibits alcohol sales within 300 feet of a church, is granted to the property at 807 Austin Street with the following limitation: • Alcohol sales will only be allowed during Wichita Falls Farmer's Market Association (WFFMA) market days and special events organized by the WFFMA. • The sales will only take place onsite and not within the public right-of-way. • Only members of the WFFMA with applicable Texas Alcoholic Beverage Commission off premise retailer's licenses will be allowed to sell at 807 Austin St. PASSED AND APPROVED this the 20th day of December, 2022. MAYOR ATTEST: City Clerk PAGE 8 OF 8 PAGES AGENDA ITEM NO. 7.0 CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Ordinance Amending Ordinance No. 37-2022, the fee schedule Section 6 Health, 6a Animal Services, adding subsection 12; Wichita County Sheriff's Office fees; providing for severability; providing that such ordinance shall not be codified. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice effective governance COMMENTARY: Upon reviewing the Inter-local agreement with the Wichita County Sheriff's Office (WCSO), the decision was made to remove the fees from the agreement and add them to the fee ordinance for Animal Services. This will allow us to adjust fees as needed without revising or renewing the agreement. The County was in favor of removing the fees from the agreement. Any increase in fees will be discussed with County Representatives prior to bringing the fee ordinance to Council for approval. ® Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 8 PAGES AGENDA ITEM NO. 7.D Ordinance No. Ordinance Amending Ordinance No. 37-2022, the fee schedule Section 6 Health, 6a Animal Services, adding subsection 12; Wichita County Sheriff's Office fees; providing for severability; providing that such ordinance shall not be codified WHEREAS, the amendment of the recodified Code of Ordinances requires that a separate ordinance be passed incorporating fees to be applied to Animal Services; and, WHEREAS, after receiving and reviewing the aforementioned costs, the County is in agreement of said fees for services provided for limited animal services in the unincorporated areas of the County; and, WHEREAS, City Council finds that the fees established herein do not exceed the amount reasonably necessary to provide the services and administer and enforce the regulatory programs to which they are related. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The following schedule of fees and charges shall be adopted for the City of Wichita Falls Animal Services for providing assistance to the Wichita County Sherriff's Office. 6. Health 6a. Animal Services (1) Licenses: • Spayed or neutered Animal: o One-year: $10.00 o Two-year: $15.00 o Three-year: $20.00 • Animal that is not spayed or neutered: o One-year: $30.00 o Two-year: $60.00 o Three-year: $90.00 • Dangerous Animal o One-year: $400.00 • Duplicate city tag: $7.00 (2) Annual permits: • Commercial: o Fowl, Rabbit, Guinea Pig, Ferret: $150.00 o Grooming Shop: $150.00 o Kennel: $125.00 PAGE 2 OF 8 PAGES AGENDA ITEM NO. 7.D o Performing Animal, Petting Zoo, Circus: $150.00 o Pet Store: $150.00 o Private Animal Shelter: $150.00 o Stable, Riding School: $150.00 o Permit Reapplication Fee: $50.00 o Permit Reinspection Fee: $25.00 • Residential: o Fowl: $30.00 o Livestock: $75.00 o Livestock with identification: $55.00 o Pet Fancier: $50.00 o Project Animal: $20.00 o Rabbit: $25.00 o Swine: $45.00 o Permit Reapplication Fee: $25.00 o Permit Reinspection Fee: $25.00 (3) Special permits: • Feral Cat Colony: $10.00 • Litter: $100.00 per litter • Sellers: $250.00 per litter • Stud: $100.00 per breeding (4) Impound fees: • Spayed or neutered Animal. O 1st impound: $45.00 O 2nd impound in any 36-month period: $80.00 O 3rd impound in any 36-month period: $105.00 O 4th impound in any 36-month period: $130.00 + $25.00 for each additional impound • Animal that is not spayed or neutered. O 1st impound: $50.00 O 2nd impound in any 36-month period: $90.00 ASC will transport to veterinarian for spay/neuter • Small Animal (birds, rabbits, guinea pigs, snakes, hamsters, fish, etc.) impound: $10.00 • Small livestock. o Impound Fee: $65.00 • Large livestock. o Impound Fee: $125.00 (5) Daily boarding fees: • Small Animal (birds, rabbits, guinea pigs, snakes, hamsters, fish, etc.): $5.00 • Animal: $10.00 • Small livestock: $20.00 • Large livestock: $25.00 (6) Quarantine fees: Quarantine Vaccinations $20 PAGE 3 OF 8 PAGES AGENDA ITEM NO. 7.D • Ten-day quarantine fee (to be paid at beginning of quarantine): (a) Initial quarantine $170.00 (b) 2nd quarantine of same animal $220.00 (c) 3rd quarantine of same animal $320.00 (d) 4th quarantine of same animal $420.00 (e) Any subsequent quarantine: $420 00 + $100.00 for each additional quarantine. • Daily boarding fee after 10-day quarantine: $25.00 per day • Rabies testing in lieu of quarantine: $50.00 (7) Animal surrender fee payable by owner: • Single animal: $30.00 • Litter less than 4 months old - three or less (Mom charged as single animal): $40.00 • Litter less than 4 months old - four or more (Mom charged as single animal): $60.00 • Animal Pickup Fee: $15.00 (in addition to surrender fee) (8) Deceased animal removal fee: • Animal weighing 50 lbs or less: $20.00 • Animal weighing greater than 50 Ibs: $30.00 (9) Trapping: • Small trap deposit: $60.00 • Large trap deposit: $155.00 • Trapping and animal removal fee: $35.00 for 5 days, and $10.00 for every day thereafter. • Animal removal fee - private trap: Animal weighing 50 lbs. or less: $20.00 Animal weighing 50 lbs. or more: $30.00 (10) Adoption fees: • Dog Adoption Fee: $40.00 • Cat Adoption Fee: $40.00 • Transport Fee to Veterinarian out of City limits: $25.00 • Small Animal: (birds, rabbits, guinea pigs, snakes, hamsters, fish, etc.) $10.00 • Fowl: $3.00 • Small Livestock: (goats, sheep, pigs): .... $40.00 • Large Livestock (Horses, donkeys and cows): $75.00 (11) Miscellaneous fees: • Microchipping: $10.00 • Rabies voucher: $12.00 • Late Fee Permit: $25.00 • Late Fee License: $10.00 • The health district is hereby authorized to pass along the cost of any veterinary services incurred for the care of an animal to that animal's owner, possessor, or harborer. PAGE 4 OF 8 PAGES AGENDA ITEM NO. 7.D (12) WCSO Basic Call for Service Fees • Required Trip Fee (Per Call for Service): $40.00 • Animal Pick Up Fee per animal: $10.00 (Ord. No. 67-2011, § 1, 11-15-2011; Ord. No. 58-2012, § 1, 9-18-2012) 6b. Environmental 6b-1. Food Establishment Permit and Certification Fees: There shall be charged the following fees for permits, certifications, and inspections by the Wichita Falls/Wichita County Local Public Health District under chapter 26, article IV, Food and food vendors and establishments: (1) Permits: • Process 1 (low to moderate risk): $200.00 • Process 2 (high risk): $225.00 • Process 3 (very high risk): $300.00 • Temporary events: $30.00 for non-profit event; $50.00 for for-profit event • An additional permitting fee of$125.00 will be charged to a food establishment for each of the following activities at the establishment: o Meat market o Catering o Bakery o Snack bar o Fish market o Commissary o Produce o Dog Patio • Seasonal Permits: $175.00 • Non-profit organizations which are exempt from federal tax liability under 26 U.S.C. 501(c)(3) are exempt from permit fees, unless consideration is charged for the food served. (2) Certifications: • Frozen dessert establishment certification,: $150.00 • Frozen dessert operator certification: $20.00 for each employee valid for two years. • Non-profit organizations which are exempt from federal tax liability under 26 U.S.C. 501(c)(3) are exempt from certification fees, unless consideration is charged for the food served. (3) Food handler's training certificate: • Food handler training certificate: $20.00 • Replacement food handler's training certificates (lost card): $5.00 (4) Re-inspection fees: PAGE 5 OF 8 PAGES AGENDA ITEM NO. 7.D • Each inspection: $75.00 • Soft-serve sample fee: $25.00 (5) Plan review fees: • New construction: $150.00 • Extensive remodel that requires construction: $100.00 • Concept change that requires change of equipment: $100.00 • Each requested site visit: $50.00 (Ord. No. 54-2011, § 1, 9-20-2011) 6b-2. Fees for Ambulance Franchises and Permits: There shall be charged the following fees for ambulance franchise applications, franchises, and annual permits issued by the City of Wichita Falls under Chapter 42, Emergency services: (1) Initial franchise application fee: $500.00 (2) Annual franchise fee: $100.00 (3) Annual permit fee per ambulance: $100.00 (Ord. No. 54-2011, § 1, 9-20-2011) 6b-3. Body Art Fees: (1) Annual body art establishment permit fee: $600.00 (2) Initial annual body art operator license fee: $500.00 (3) Renewal annual body art operator license fee: $100.00 (4) Initial testing fee: $100.00, which covers two attempts to pass the examination, and which amount will be credited toward the initial annual body art operator license fee. (5) Additional attempts to pass the examination: $50.00, which will not be credited toward any license or permit fees. (6) Apprenticeship fee: $100.00 (7) Temporary tattoo artist fee: $50.00 (8) Temporary event permit: $250.00 (Ord. No. 11-2012, § 2, 3-6-2012) 6b-4. Miscellaneous Fees: (1) Foster home inspection fee: $50.00 (2) Day care inspection fee: $100.00 (Ord. No. 54-2011, § 1, 9-20-2011) (3) Swimming pool permits: $200.00 per pool per year. (4) Manager of public and semi-public water-related activity operation: $50.00 per manager per year. (Ord. No. 54-2011, § 1, 9-20-2011) Re-inspection fees: ... $25.00 for each failed water sample (Ord. No. 54-2011, § 1, 9-20-2011) (5) Late charge for renewal of expired division 1 permits: $25.00 for every month expired. PAGE 6 OF 8 PAGES AGENDA ITEM NO. 7.D (Ord. No. 54-2011, § 1, 9-20-2011) 6b-5. Lodging Permit Fee Schedule: 1-10 Rooms: $100.00 11-25 Rooms: $125.00 26-50 Rooms: $150.00 51-75 Rooms: $200.00 76-100 Rooms: $225.00 101-150 Rooms: $250.00 151-200 Rooms: $300.00 201+ Rooms: $350.00 6b-6. Vacuum Truck and Grease Trap Permit Fees: (1) Vacuum truck permit fee (per truck): $150.00 (2) Grease trap permit fee: $75.00 (3) Late fees: • Grease trap permit: $25.00 for every month expired • Vacuum truck permit: $25.00 for every month expired • Industrial wastewater permit: Five percent of permit fee (4) The rates in this section are for a permit issued for a period of one year. The control authority may prorate the amounts for permits with shorter durations, or, for initial permits only, may increase the amounts by the appropriate factor for a slightly longer period. (Ord. No. 67-2011, § 1, 11-15-2011)On-Site Sewage Facilities (OSSF) Fees SYSTEM TYPES FEES Archer LAH Wichita Archer LAH Wichita Conventional $250 $250 $250 System Proprietary $275 $275 $275 system w/on-going maintenance Property $150 $150 $150 transfer Note: fees $100 $100 $100 cover up to 2 site visits. Extra fee for each additional trip 6c. Laboratory PAGE 7 OF 8 PAGES AGENDA ITEM NO. 7.D 6c-2. Miscellaneous Laboratory Fees: (1) Water testing fees: • Total Coliform Water Testing: $16.00 • Fecal Coliform Water Testing: $20.00 (2) Fees for clinic and medically related services may be set by the city manager. (Ord. No. 67-2011, § 1, 11-15-2011) 6.d. Donation Boxes 6d-1. Donation Boxes: • Initial Donation Box Fee ... $75.00 (site plan review; building permit/inspection) • Annual Renewal Donation Box Fee ... $50.00 2. The fee schedule established by this ordinance shall be made available to the public through the Office of the City Clerk, and be published online in such a manner as to be available to the public. 3. To the extent that the Code of Ordinances establishes the existence of a fee, this ordinance will govern the amount of that fee, but this ordinance shall not be codified. 4. This ordinance shall take effect on January 20, 2023, and it is so ordained. PASSED AND APPROVED this 20th day of December 2022. MAYOR ATTEST: City Clerk PAGE 8 OF 8 PAGES AGENDA ITEM NO. 7.D CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Ordinance Amending Chapter 14 Article III Division 3 Residential Permits, Section 14-202 Project Animals Permit, and Providing for Codification. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: When the Animal Ordinance was changed in 2019 the ordinance underwent major revisions. Part of those revisions occurred with the Project Animal Permit section. At the time, we felt like we were making changes, which would make the ordinance easier to enforce and would open it up to more groups. Our changes had the opposite effect due to a true lack of understanding of how 4-H and home school programs operated. 4-H is not a school-affiliated program so under the current ordinance they would not be allowed to have a permit. In addition, the permits expire at the end of the school year however; some 4-H projects are year-round. The issue surfaced when a 4-H participant applied for a permit. The proposed changes are inclusive of both homeschool and 4-H programs. These ordinance changes have not been formally discussed with either the Animal Shelter Advisory committee or the Board of Health. The changes were briefly discussed at an Animal Shelter Advisory Committee meeting however, a draft was not presented for review. Normally both groups would have reviewed the ordinance before bringing it to Council. We did send an email out to members of both committees asking if anyone wished to discuss this at a meeting or if they were ok with proceeding directly to Council. We did not receive any feedback asking that we not proceed directly to Council. Staff recommends the attached ordinance to the City Council for approval. ® Director of Health ASSOCIATED INFORMATION: Ordinance ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 3 PAGES AGENDA ITEM NO. 7.E Ordinance No. Ordinance Amending Chapter 14, Article Ill, Division 3 Residential Permits, Section 14-202 Project Animals Permit, and Providing for Codification WHEREAS, the Health District is the Regulatory Authority for the City of Wichita Falls; and WHEREAS, the Health District recommends revision of the Project Animal Permit section to ensure inclusivity of all school age groups to be eligible for a Project Animal Permit; and WHEREAS, the City Council of the City of Wichita Falls desires to ensure that all School aged individuals can participate in animal projects to gain leadership and educational experience; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Chapter 14, Article III, Division 3 Residential Permits, Section 14-202 Project Animals Permit of the Code of Ordinances of the City of Wichita Falls is hereby amended to read as follows: § 14-202Project animal permit. j_School-age children enrolled in a public, private schoolor home school program, who are involved in a which offers programs in which class participants are required school program or 4- H where they areer allowed to raise project animals,livestock, or fowl for show or profit purposes may apply for a permit to keep certain prohibited animals, livestock, or fowl for the qualified program.School, such as FFA or 4-H.project, The permit may be issued even though the property may not be fully in compliance with the setback requirements of this article. Those students are required to: Apply for an annual project animal permit.Permits willrun concurrently with the school year expire one year from date of issuance. jPay the annual permit fee. jShow proof of enrollment in one of the listed schoolqualified programs. L4iAgree to comply with the cleanliness and sanitation requirements of this article and the state health and safety code. 01Obtain the approval, in writing, of all property owners located within 200 feet of the property. 01Allow inspection of the animal, livestock, or fowl, as well as pens, facilities, and property before issuance of the permit by ASC staff. PAGE 2 OF 3 PAGES AGENDA ITEM NO. 7.E th)_Failure to comply with any of the requirements of this section will result in denial of the necessary permit. Permits are nontransferable and are revoked upon either the student's graduation from high school, dropping out of the class or qualified program, or nonattendance by the student. (Ordinance 52-2019 adopted 11/5/19; Ordinance 12-2022 adopted 4/19/22) PAGE 3 OF 3 PAGES AGENDA ITEM NO. 7.E CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Resolution authorizing the execution of an Inter Local Agreement between the City of Wichita Falls and Wichita County for the provision of limited Animal Control Services in the unincorporated areas of Wichita County. INITIATING DEPT: Health STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The City and County have been parties to an inter-local agreement since 1991 for the provision of limited Animal Control Services in the unincorporated areas of Wichita County. The agreement allows the City of Wichita Falls Animal Care Officers to respond to calls from the Wichita County Sheriff's Office (WCSO) for the provision of limited services. Under this agreement, we will assist the Sheriff's office in the impoundment of animals required to be quarantined, due to either a bite incident or exposure to a rabid animal. We will also respond to the WCSO request for the impoundment of stray animals. The City will charge the County a trip fee as well as a per- animal fee for each call. The fees will no longer be located in the agreement and will be set by Council each year as part of the passage of the fee ordinance. This will allow us to monitor and set fees without changing the agreement. Owners of the animals are able to reclaim their animals and are responsible for all boarding and reclamation fees. With this new agreement, they will also be charged the fees, which are charged to the County. Those fees will be reimbursed to the County. This is a new addition to the agreement at the request of the County in an effort to recoup some of the fees paid to the City. We worked closely with both the legal department and the County Judge's office as well as the WCSO in the revision of this agreement. This agreement was presented at Commissioners Court on December 12, 2022 and was approved at that meeting. We look forward to continuing the longstanding relationship we have with the County for the provision of limited Animal Control Services. ® Director of Health PAGE 1 OF 8 PAGES AGENDA ITEM NO.8.A ASSOCIATED INFORMATION: Resolution ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 8 PAGES AGENDA ITEM NO.8.A Resolution No. Resolution authorizing the execution of an Inter Local Agreement between the City of Wichita Falls and Wichita County for the provision of limited Animal Control Services in the unincorporated areas of Wichita County WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code; and, WHEREAS, the Parties are local governments, as that term is defined in Section 791 .011 of the Texas Government Code; and, WHEREAS, the Parties wish to enter into this Agreement for the purpose of providing impoundment services for animals found outside the City limits; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Inter-local agreement, a copy of which is attached hereto, by and between the City of Wichita Falls and Wichita County for the provision of limited animal control services in the unincorporated areas of Wichita County, is hereby approved, and the Mayor is authorized to execute said Agreement on behalf of the City of Wichita Falls. PAGE 3 OF 8 PAGES AGENDA ITEM NO.8.A STATE OF TEXAS § COUNTY OF WICHITA § INTERLOCAL AGREEMENT BETWEEN THE CITY OF WICHITA FALLS TEXAS AND WICHITA COUNTY FOR THE IMPOUNDMENT OF ANIMALS FOR CERTAIN PURPOSES. THIS INTERLOCAL AGREEMENT is entered into on the day of , 2022, by and between the City of Wichita Falls, hereinafter called "City", and the County of Wichita, hereinafter called "County", both parties being political subdivisions and local governments of the State of Texas, both acting by and through their duly authorized representatives, according to the provisions of the Interlocal Cooperation Act, Texas Government Code, Section 791 et seq. County and the City are referred to collectively herein as the "Parties," or individually as a"Party." WITNESS WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code; and, WHEREAS, the Parties are local governments, as that term is defined in Section 791.011 of the Texas Government Code; and, WHEREAS, the Parties wish to enter into this Agreement for the purpose of providing impoundment services for animals found outside the City limits; and, WHEREAS,both governing bodies have reviewed and approved this interlocal agreement and conditions herein. NOW, THEREFORE, it is mutually agreed upon by the parties: I. PURPOSE The purpose of this agreement is to cooperate in the impoundment of animals located in the covered area which are suspected of having rabies and which are required to be quarantined because of the animal owner's failure to quarantine the animal in compliance with the Wichita County Rabies Control Order. An additional purpose of this agreement is to cooperate in the impoundment of stray animals found in the covered area upon the request of the Wichita County Sheriff's Office. The deputy requesting assistance shall remain on site, until the animal is impounded by an Animal Care Officer. The term "covered area" shall mean the area located outside the corporate limits of the City, but within the unincorporated areas of the County. PAGE 4 OF 8 PAGES AGENDA ITEM NO.8.A IL AUTHORIZATION This agreement shall be duly authorized by the governing body of each party, as evidenced by the signatures of each chief administrative officer herein. Failure of each governing body to authorize this agreement shall render this agreement void. III. RESPONSIBILITIES Upon the request of the Wichita County Sheriffs Office or other County officials, the City agrees to pick up any animals in the covered area which are stray or need to be quarantined as determined by the County or the Local Rabies Control Authority. City agrees to deliver such animals to the Animal Services Center located at 1207 Hatton Road Wichita Falls Texas. The owner of any animal impounded for quarantine shall have the right to reclaim the animal upon payment of all quarantine and boarding fees for each day the animal is held at the Animal Services Center. The owner shall also be responsible for payment of the trip fee and the per animal fees charged to the County at the time of impoundment. Such fees will be reimbursed to the County upon receipt. The owner is responsible for showing proof of current rabies vaccination. If the animal does not have a current rabies vaccination. The owner must purchase a voucher and show proof of vaccination within 10 days of reclaim. If the animal is not reclaimed, all associated fees shall be paid by the County. The County shall pay the City for the pickup and delivery of stray animals. The fee will be set annually by City Council and will be agreed upon by both parties. There will be a fee for each trip and for each animal picked up and delivered to the Animal Services Center. IV. AMENDMENTS This agreement contains all commitments and agreements of the parties, and no other oral or written commitment shall have any force or effect if not contained herein. Any proposed amendment shall not become effective until approved in writing by both parties to this agreement. V. TERM AND EFFECTIVE DATE This agreement shall become effective upon approval by the governing body of both parties and signing by the authorized agent of each party. It shall remain in effect until terminated by either party upon written notice and setting forth a date of termination. The parties agree that each shall have the right to terminate this agreement upon thirty (30) days written notice to the other party. PAGE 5 OF 8 PAGES AGENDA ITEM NO.8.A VI. GENERAL PROVISIONS A. Venue and Governing Law. The parties hereby consent and agree that state courts located in Wichita County, Texas, and the United States District Court for the Northern District of Texas (Wichita Falls Division) each shall have personal jurisdiction and proper venue with respect to any dispute between the parties arising in connection with this Agreement. In any such dispute, the parties shall not raise and do hereby expressly waive, any objection or defense to such jurisdiction as an inconvenient forum. B. Dispute Resolution. The Parties to this Agreement will work together in good faith to resolve any controversy, dispute, or claim between the Parties which arises out of or relates to this Agreement whether stated in tort, contract, statute, claim for benefits, bad faith,professional liability or otherwise ("Claim'). Nothing herein is intended to prevent either Party from seeking any other remedy available by law including seeking redress in a court of competent jurisdiction. This provision shall survive the termination of this Agreement. C. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to the Parties, their past or present officers, employees, or agents, nor to create any legal rights or claim on behalf of any third party. The Parties do not waive, modify, or alter to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and the United States. D. Governmental Function. All parties agree that this contract is one that pertains solely to a governmental function taken by or on behalf of the City. All parties expressly agree that the City is not engaging in any proprietary functions. E. Contractual Damages Limitation.Neither Party shall be liable for consequential damages, exemplary damages, or damages for unabsorbed home office overhead. F. Waiver of Attorney's Fees. If any action at law or in equity is necessary to enforce this agreement, each party agrees to pay its own attorneys' fees and will not seek to recover its own attorneys' fees from the other party. All parties PAGE 6 OF 8 PAGES AGENDA ITEM NO.8.A understand that Texas Local Government Code subchapter I, § 271.153(a)(3) provides that the total amount of money awarded in an adjudication brought against a governmental entity for breach of a contract includes attorneys' fees. All parties expressly waive all statutory and other rights to recover attorneys' fees pursuant to § 271.153(a)(3) and all other law. VII. SAVINGS CLAUSE In the event one or more provisions contained in this agreement shall for any reason be found to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this agreement. IN WITNESS WHEREOF, the Parties of this agreement have executed the same as of the effective date first written above, each respective party acting by and through its governing body and authorized agent in the manner required by each party's charter or by law. WICHITA COUNTY CITY OF WICHITA FALLS, TEXAS By: By: Woodrow Gossom Jr., County Judge Stephen Santellana, Mayor ATTEST: ATTEST: By: By: Marie Balthrop, City Clerk Approved as to Form: Approved as to Form: By: By: City Attorney PAGE 7 OF 8 PAGES AGENDA ITEM NO.8.A PASSED AND APPROVED this the 20th day of December 2022. MAYOR ATTEST: City Clerk PAGE 8 OF 8 PAGES AGENDA ITEM NO.8.A CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Resolution authorizing the City Manager to award bid and contract for the City of Wichita Falls Landfill Entrance Facility Improvements Project to Anthony Inman Construction, Inc. in the amount of $1,180,224.00. INITIATING DEPT: Public Works / Sanitation STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: The use at the City of Wichita Falls Landfill has increased significantly during the last several years. Each of the vehicles must be weighed coming into and going out of the Landfill in order to comply with the TCEQ regulations. Since it currently is a single scale system, customers have been experiencing wait times from 10-15 minutes up to 30 minutes to get onto the scale during high volume times. This is only expected to increase as the City Landfill is a top regional location for trash disposal. Therefore, the City contracted with Biggs and Mathews Environmental to design and oversee the construction of a two-scale system to meet demands and ensure maintenance of all TCEQ permit requirements. On November 22, 2022, bids were opened for the City of Wichita Falls Landfill Entrance Facility Improvements project. The project will construct a new scale house with two scales in which the inbound scale will be new and the existing scale will be refurbished and become the outbound scale. During construction, a temporary scale and scale house will be installed along with a temporary entrance into the landfill. The bids received for this project include the Base Bid are as follows: COMPANY AMOUNT Anthony Inman Construction, Inc. $1,180,224.00 The FY22-23 Sanitation Fund budgeted $1 M for the project in the current year's budget. In order to complete the project within budget, Biggs and Mathews Environmental and staff have worked with the contractor to value engineer the project and will revise the scope of work in order to bring the project under budget. Construction of the project is expected to take 270 calendar days to complete. Anthony Inman Construction, Inc. has successfully completed projects as a general contractor for the City, and Biggs and Mathews Environmental and City staff recommend PAGE 1 OF 5 PAGES AGENDA ITEM NO. 8.B the award of the contract to Anthony Inman Construction, Inc., based on unit price quantities. ® Director, Public Works ASSOCIATED INFORMATION: Resolution, Bid Tab, Project Location ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 5 PAGES AGENDA ITEM NO. 8.B Resolution No. Resolution authorizing the City Manager to award bid and contract for the City of Wichita Falls Landfill Entrance Facility Improvements Project to Anthony Inman Construction, Inc. in the amount of $1,180,224.00 WHEREAS, the City of Wichita Falls has advertised for bids for the City of Wichita Falls Landfill Entrance Facility Improvements Project; and WHEREAS, it is found that the lowest responsible bidder is Anthony Inman Construction, Inc., who made a unit price bid with an estimated total of$1,180,224.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The unit price bid for the City of Wichita Falls Landfill Entrance Facility Improvements Project is awarded to Anthony Inman Construction, Inc. in an estimated total amount of $1,180,224.00, and the City Manager is authorized to execute a contract for the City with said Contractor for the construction of such project. PASSED AND APPROVED this the 20th day of December, 2022. MAYOR ATTEST: City Clerk PAGE 3 OF 5 PAGES AGENDA ITEM NO. 8.B Wichita Falls Landfill! Entrance Facility Improvements WF22-53O-18 Anthony Inmam Construction Item Unit GIP( Description Unit Price Total Price 1 LC 1 Site Preparation &Mobilization $ 206,944.10 7 206,944.13 2 LC 1 Trench safety 5 2,0000O S 2,000.C3 3 L. 1 Temporary controls $ 20,180.00 S 26,180.CD 4 LS 1 Erosion and sedimentation controls $ 7,370_DD S 7,370.00 5 LS 1 Temporary scale house installation and removal $ 16,969.70 S 16,969.70 8 LS 1 Temporary scale installation and removal $ 19,463.40 S 19,463.40 7 MO 9 Temporary scale house rental $ 1,430_DD S 12,870.D0 8 MO 9 Temporary scale rental $ 3,853.DD $ 34,850.00 g SF 5,935 Concrete pavement demolition $ 1.98 Z 11,751.30 10 SF 440 Concrete foundation demolition $ BAD $ 3,872.00 11 LS 1 Building demolition $ B,2513_8 D 7 8,258.80 12 BCY 1,50D General excavation $ 16.5D $ 24,750.C3 13 BCY 4C3 General earthfill $ 30.8D S 12.320.CD 14 SF 33,6DD Fine grading $ 0.72 5 24.102.C 3 15 LS 1 Underground electric S 25,951.20 S 25.95•.23 16 LS 1 Underground comrnunicaiion_ S 12,D36.20 S 12,D36.20 17 LS 1 Waterserriae S 2,750_DD $ 2,750.OD 18 LS 1 Sewer service S 2,750_DD $ 2,750.110 19 SF 8,785 Concrete paving S 13.30 S 90,783.30 20 SF 21,3DD Aggregate paying S 7.18 5 152,934.D0 21 LS 1 Scale foundations and ramps S 95,D412_00 S B6,D42.040 22 LS 1 Scales S 15B,D35_941] S 158,D35.DO 23 LS 1 Scale catwalks. S 15,D70_040 S 15,0.70.00 24 LS 1 Scale house 5 126,380.10 $ 126,3130.13 25 LS 1 Chain link fence and gates $ 38,500_D0 $ 38,500.00 26 EA d i^oe bollards $ 1,210_DD S 9,813O.CD 27 LS 1 h;rails $ 27,500_D0 S 27,500.CD 28 EA 2 =CDS $ 5,500_DD 7 11,D90.CD 29 AC 0.5 .seeding $ 18,440_00 7 9,220.C3 Total Bid $ 1,190,224_OO PAGE 4 OF 5 PAGES AGENDA ITEM NO. 8.B 4 i & ce L. Nt ttl J IS — llil to WLark or 1 EC ...FLH 0 _i EL �_ iff I 1 co..., i /1 ---5 dreFr,,.. it wid jiSli— CI OF WIC HFA FA 5 F�1 LA NDFLL Fi - I hi0LFa7lF -z _ CITY OF WICHITA FAL T 5 EI I A NCH . .•'^ r LEA Fri 1 Sell:j el _I _ :s= :-- ' r a HrOH1WAsa • 3] d — ' )'—l•-)l)-Y ET) {a¢ of -- 'ra`k •^ . :.. rjSTRIJC`TI: IJ .RE , ' .., x `"+ •• . .. 4- .-ot•7• 10S h4 k ny I !lN t.5 w �� tl s .. � � � ,y�w it • ""'��:4:...4.'. ��u; L'� yq 4 rs.5xz r, , PAGE 5 OF 5 PAGES AGENDA ITEM NO. 8.B CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Resolution authorizing the City Manager to approve Change Order No. 1 for the City of Wichita Falls Landfill Entrance Facility Improvements Project for a deduction of$238,760.00. INITIATING DEPT: Public Works / Sanitation STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: Due to the limited funds available to construct the new two-scale landfill entrance, City staff along with our design engineer have performed some value engineering and reduced the original scope of work. The work being removed from the contract will be performed by Landfill staff as they have the materials, equipment, and capability to complete this work. The City has met with the contractor and he has agreed to have the scope of the project reduced. The total reduction is $238,760.00. This change order will bring the project in under the budgeted amount. Staff recommends the approval of Change Order No. 1. ® Director, Public Works ASSOCIATED INFORMATION: Resolution, Change Order No. 1, Project Location ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 4 PAGES AGENDA ITEM NO. 8.0 Resolution No. Resolution authorizing the City Manager to approve Change Order No. 1 for the City of Wichita Falls Landfill Entrance Facility Improvements Project for a deduction of $238,760.00 WHEREAS, the City of Wichita Falls entered a unit price contract with Anthony Inman Construction, Inc. for the City of Wichita Falls Landfill Entrance Facility Improvements Project with the estimated total cost of$1,180,224.00; and WHEREAS, the City of Wichita Falls has negotiated Change Order No. 1 for a deduction of$238,760.00 for a final contract amount of $941,464.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute Change Order No. 1 for the City of Wichita Falls Landfill Entrance Facility Improvements Project in a deduct amount of $238,760.00. PASSED AND APPROVED this the 20th day of December, 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 4 PAGES AGENDA ITEM NO. 8.0 CITY OF WICHITA FALLS: TEXAS IOC � NO.:._. I 1 CONTRACT CFYANOE ORDER FORMIT 12/20 2022 AMOUNT OF CHANGE: c 2.3.76O CIO.' PRO.JECTJCQNTR, T= Wcriila Falbs Landfill) Entrance Faciaily+IrnpravernenlsICW'F22-53G-1A) TO. Ant>'Ic w,inrrran C r t,i cic Inr. �,th'.=Change Order after approval by the Owner,will be your r Cpi,I frYa 1 [authority to rake the folloctinp rhari rs.in.IN;`sx rk i.orxler your rrntraw.R• ._, „u I Docrsatitt hmucrsa Sia Total Charge Dail:Acton of Changes I In C011traci in acceXact in Contort re Chenge Order will deduct the conutruclion or the ternpxare road and perrmanar4 turnaround road from the prafec1 scope .(.r- c- Ex:...i•-3!i-.7;11educ. I :374'Bui i S ?' p:Jj:._ S - S ,;2 d!r::,r:tl5 '3. ne'=.'c3rt"1FIIIi:::3•j!'"t4L1C22:::`fl S '?.S23'mac' S - S 1:12'3:`::fli7:I ''1 hoe t'.r':,,.r ID_,_ct 21.;.u;SF'` S l�o 2..SS CC S • S ,e.r1 .]:'..E:11p` 2(} n:aar�g.._.:„' svinq:Deduct 21 'dec.:,.3=1 S 1.!0 cj 1 CO S • I !I S1:�:4 Illy 21 K-11,3eIr:IL:..(iu,_I I L,"1p S_'n: S 2r'. __.CO S 12r ::tl.:}1}1 ;:':f 4r_c:a1.1y},uuduci U_,AC; S 9.'rr:'CC 5 !, iY22,.i J::i i TO-A_ S 2:i8.71Y CJ :2158.fEU.::e.:'!. AMOUNT OF ORIGINAL CONTRACT: I S 1 'SL':_':24 ';Cl TOTAL AMOUNT'OF THIS CHANGE ORDER E ,7;03,;s;:!-,r:0' TOTAL AMOUNT OT E' 1o111S CHANGr Oh ri.5 5 CONTRACT AMOUNT To T> . J : c=1.1,:.4 Cr:. ;I-a.C4°rciC;_': =_Un;.ery4rroonr3r('.°.ill rr.;IJrilr:rl P} a.',.:r,,l daps A :;:•r::'. : Bs- :D'.:,nee: Accepted By Ca auto: Recommended By IVEnq: (if appiica ' E f. Dy: 1 By: 1/r,, _m..�... tI : City r•�1anatier Tide,- .t T Titie: PRiAtelfaejI+- 1ih. Date: hi£L Z Z Date: 12 4 z PAGE 3 OF 4 PAGES AGENDA ITEM NO. 8.0 i 1 Lti II44. i So St Iii —P °u21 !_. W ttl J—or, P 0 Ill t W J I EC -J �_ 0 KlitiS ( ..... . ---5 f*-,,... irii I ---) L:i CI OF WIC HFFA Fib 5 LA r DFILL "Firth — KID- F, F • CITY OF WICHITA FAL 3_ - K IIEI I A NCH . '•'^ r LEA Fri 1 ,,,,plia r a - Hr°MAU,5 — 1 ce Ili REMOVED FRO .1I__l.iTR4. 0 i i.i ":I''':'''".ii ..r.(/ .../. • ".-:. ._F. 1 •fi-_i:'14''' CC.NISTF4ICTICIJ ,R'F: x .• . Jk .}' -° yy�y +{ • t PAGE 4 OF 4 PAGES AGENDA ITEM NO. 8.0 CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Resolution confirming reappointment to the Firefighters and Police Officers' Civil Service Commission. INITIATING DEPT: City Clerk STRATEGIC GOAL: Actively Engage & Inform the Public STRATEGIC OBJECTIVE: Enhance public outreach and engagement. COMMENTARY: The Civil Service Commission is a three-member group that provides direction, review, and decision-making on certain civil service issues that may come before the Commission. The State of Texas, through the provision of Chapter 143 of the Local Government Code, provides for civil service and mandates certain rules and regulations that govern the civil service divisions of Police and Fire personnel. In certain instances, there may be disputes that arise or operational provisions that are of question or concern to interested parties to the civil service provisions. The City Manager is charged with selecting individuals to serve on this Commission and the City Council's role is to confirm or deny the selection. In accordance with LGC 143.006 (c-1) a commission member may serve up to three consecutive terms, and can be reappointed to a fourth or subsequent consecutive term if the term is confirmed by a two-thirds majority of the City Council. Laura Fidelie is interested in continuing to serve and staff recommends her reappointment. This item may be discussed in executive session. ® City Clerk ASSOCIATED INFORMATION: Resolution reappointing Laura Fidelie ® City Attorney Review ® City Manager Approval PAGE 1 OF 2 PAGES AGENDA ITEM NO. 8.D Resolution No. Resolution confirming reappointment to the Firefighters and Police Officers' Civil Service Commission WHEREAS, the Firefighters and Police Officers' Civil Service Commission is established by state law; specifically, Section 143.006 of the TEXAS LOCAL GOVERNMENT CODE; and, WHEREAS, this three-member board is appointed by the City Manager, with confirmation by the City Council; and, WHEREAS, the City Manager requests the confirmation of the reappointment of Laura Fidelie, term to expire December 31, 2025, to the Firefighters and Police Officers' Civil Service Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The reappointment of Laura Fidelie to the Firefighters and Police Officers' Civil Service Commission for a term ending December 31, 2025, is hereby confirmed. PASSED AND APPROVED this the 20th day of December 2022. MAYOR ATTEST: City Clerk PAGE 2 OF 2 PAGES AGENDA ITEM NO. 8.D CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Resolution authorizing the City Manager to execute a five-year contract with H Two Management and Marketing to provide waterpark management services for Castaway Cove in the amount of $162,000. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Efficiently Deliver City Services STRATEGIC OBJECTIVE: Practice Effective Governance COMMENTARY: Castaway Cove has been under the same management company for the last 12 years. In order to keep a competitive and efficient contract, it is best practice to re-bid management contracts after a while. On June 26, 2022, the City published a Request for Proposal for the management of Castaway Cove. USA Management and H Two Management (H2) and Marketing submitted proposals. These two proposals were evaluated over the last two months by Susan White, Jennifer Babineaux, and Blake Jurecek. Both companies were interviewed and evaluated on the following criteria. • Results of reference checks, demonstrated performance on past contracts and financial stability • Track record of fair, transparent, and reputable management of facility funds and resources w/o a history of financial or fiscal impropriety • Contractor's methodology of conducting services • Proposed long-term maintenance plan • Proposed overall project implementation and training plan Evaluation Score — H Two MGT (81) and USA MGT (73) H2 rose to the top based on their past involvement with Castaway Cove Operations and Marketing. H2 President/Chief Marketing Officer, Jimmy Holmes, has been a marketing consultant for AMG since 2010, and Vice President of Operations, Steve Vaughn, has been Castaway Cove's General Manager since 2010. The term of the contract will be for five years with the option of 1-year renewals after the 5th year. All the waterpark employees will be employed by the H2 and will not be City employees. The monthly fee is $13,500 for an annual cost of $162,000. The previous contract with AMG was $120,000. Each fiscal year the City will pay H2 an incentive payment of 10% of the amount by which Castaway Cove's actual net income for the fiscal year exceeds the jointly agreed upon annual budget. Along with the annual budget, H2 will provide an annual maintenance report along with a 5-year capital improvement plan. PAGE 1 OF 3 PAGES AGENDA ITEM NO. 8.E Staff recommends approval of this management contract. ® Assistant City Manager ASSOCIATED INFORMATION: Resolution, Contract ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 3 PAGES AGENDA ITEM NO. 8.E Resolution No. Resolution authorizing the City Manager to execute a five-year contract with H Two Management and Marketing to provide waterpark management services for Castaway Cove in the amount of$162,000 WHEREAS, the current management company has been managing the waterpark for the last 12 years; and, WHEREAS, on June 26, 2022, the City issued a Request for Proposal for waterpark management services at Castaway Cove; and, WHEREAS, H Two Management received the highest score on the documented evaluation criteria. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Resolution authorizing the City Manager to execute a contract with H Two Management and Marketing to provide waterpark management services for Castaway Cove in the amount not to exceed $162,000 in a contract form as approved by the City Attorney. PASSED AND APPROVED this the 20th day of December 2022. MAYOR ATTEST: City Clerk PAGE 3 OF 3 PAGES AGENDA ITEM NO. 8.E CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Resolution approving the programs and expenditures of the Wichita Falls Type B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $49,000 to John Dickinson Et al., dba Restoring the Past LLC, to assist in mechanical, electrical, and plumbing system upgrades as part of the renovation of the existing building at 608 7th Street downtown. INITIATING DEPT: City Manager's Office STRATEGIC GOAL: Redevelop Downtown STRATEGIC OBJECTIVE: Pursue Public/Private Partnerships COMMENTARY: TEXAS LOCAL GOVERNMENT CODE § 501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation." Timeline • November 18, 2022 —Applicant submits request; • December 1, 2022 — Corporation Board conducts public hearing and approves request in an amount not to exceed $49,000; • December 20, 2022 — City Council consideration of budget amendment facilitating project. At its December 1, 2022 meeting, the Type B Board approved funding of an amount not to exceed $49,000 (-10% of$500,000 renovation cost)to assist in mechanical, electrical, and plumbing (MEP) upgrades as part of the planned renovation of the existing building at 608 7th Street downtown for future retail. The request to the Board is attached, below, and the applicant as well as DWFD will be available at the meeting to provide additional information and to answer any questions. Staff recommends approval of the resolution. ® Assistant City Manager ASSOCIATED INFORMATION: Resolution ® Budget Review ® City Attorney Review ® City Manager Approval PAGE 1 OF 6 PAGES AGENDA ITEM NO.8.F xG 608 7th PAGE 2 OF 6 PAGES AGENDA ITEM NO.8.F u.� Yft 1 w y C J ;,, DA-P I ILO,/A k Carla Rogers Chairman November 18,2022 itVICHITA FALLS Tyler Sales ,�O; DEVELOPMENT Vice Chairman Mr. Paul Menzies Rodney Case Assistant City Manager,City of Wichita Falls Treasurer Fr, Charis Rhoades Secretary Jana Schmader Executive Director,Downtown Wichita Falls Development,Inc. Joel Hartmangruber Mr.Menzies, Denton Keltner On behalf of my client, Restoring the Past, LLC, please find the attached 4B Matt Ledesma i Sales Tax Corporation request for MEP assistance for 608 7th Street, also Syd Litteken known as the The Savoy Hotel Downtown. Included within this package is an overview of the project, multiple project bids, remodel estimates from the Bill Weske general contractor and renderings from architect,Syd Litteken. Ivonnewineinger Downtown Wichita Falls Development supports the ongoing progress being made on historical structures on 7th Street. In proximity to other full restoration projects, The Savoy Hotel adaptive reuse venture will create another mixed use location for professional offices and retailers. As an advocate for preservation and economic development in the district, I Jana Schmader endorse this request. Executive Director Our development team is looking forward to sharing the vision with the Board JeanetteCharos in person. If any additional information is requested, my contact Information Marketing Director ; Is below. Alisha Hagler Program Director 01i j ' 1/L I Jana Schmader Executive Director, DWFD Phone. S Email. (c1 Address. >,. 9/.0-t22-4525 director@downtownproud.com .,._.. 709 Indiana Ave.,Wichita Falls,TX 76301 PAGE 3 OF 6 PAGES AGENDA ITEM NO.8.F 7AAWAx,,aT`;a,,,,, i*4s,.,,S„",,,,,?4,1,4v.�n�d,,,,ik 0S^a�Y`'63%",°`Amc%� 'k,`t' nv."°Sk'"dR n. `, s ;Ater HE SAVOY OTEL -�,,t. - st. PROJECT OVERVIEW; { i 5 u The Savoy Hotel,built in 1912,contains a rich history of welcoming visitors on the railway to Wichita Falls.Throughout its tenure,the property '' --- has housed offices,restaurants,and lodging '1 accommodations.Project plans,with state and federal endorsed restoration protocols,include second story office development,and two ground floor retail establishments.Rehabilitation includes upgrades to infrastructure,in addition I to facade Improvements and overall aesthetic ehhancement.Post-development,developers t;, aA „a ,..,i -t ''„ ,,- ` ''''4,;, will work with Downtown Development for asset -' marketing for leaseholders. FUNDING REQUEST: $49,000 (10%of total project costs);funding requested specifically in the areas of mechanical, electrical,and plumbing.Total project investment by developers:$517,000+ The remaining funding is secured and comprised of private funds and traditional financing. PROJECTED TIMELINE: In conjunction with the development of 604 7th Street,anticipated completion is 12 months. STRATEGY This project aligns with the City of Wichita Falls Strategic Plan by pursuing public-private partnerships(3.7)for redevelopment and creating a live-work-play environment(3.8). PRIOR PROJECTS Restoring the Past,LLC is comprised of Daniel Ahern,John Dickinson,Denton Keltner,and John Barad. The Savoy Hotel will be the 11th redevelopment project between the applicants within the district. The applicants also have an active Type B incentive on the adjacent property at 604 7th Street. In perspective, both deals occurring simultaneously, will have direct and significant impact on the growth of Depot Square and will be the 5th active project in development in the oldest (and arguably most complex) area in town. Additionally, both properties include complicated utility easements that work in concert with each other. 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EsT:Aii-44.4.i. 7:1.4;;;I; - „...„.,,,....,-----.,..,.„, - 4. . 7.€.4..r.-zr-E-a-.7..-3 1--•=: ..f.twar ":=4.7.7.F.Tarimommemomilitg=r77-7'7"" ............--a 7ar.FS+.:Sa FS:a all' "5'1'1 54 4 Y-4' / 6-3'3' 7•15' 3r- k.4, 6.41" E.. „t. r 5'4 i I 54" I A/ r• i ei 3.9,41. , 1,... or I I . .......- 541-6' A PAGE 5 OF 6 PAGES AGENDA ITEM NO.8.F Resolution No. Resolution approving the programs and expenditures of the Wichita Falls Type B Sales Tax Corporation Board of Directors and amending the budget to include funding up to $49,000 to John Dickinson Et al., dba Restoring the Past LLC, to assist in mechanical, electrical, and plumbing system upgrades as part of the renovation of the existing building at 608 7th Street downtown WHEREAS, Texas Local Gov't. Code § 501.073(a) provides "The corporation's authorizing unit will approve all programs and expenditures of a corporation and annually review any financial statements of the corporation;" and, WHEREAS, on December 1 , 2022, the Wichita Falls Type B Sales Tax Corporation approved the project listed below and as stated in its agenda. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . The Wichita Falls Type B Sales Tax Corporation's approval and funding of the following programs and expenditures, in a total amount not to exceed $49,000 as described below and in said corporation's agenda, is approved: An amount up to $49,000 to John Dickinson Et al., dba Restoring the Past LLC, to assist in mechanical, electrical, and plumbing system upgrades as part of the renovation of the existing building at 608 7th Street downtown. 2. The current fiscal year budget of the Type B Sales Tax Corporation is amended to provide for the aforementioned expenditures and changes thereto. PASSED AND APPROVED this the 20th day of December 2022. MAYOR ATTEST: City Clerk PAGE 6 OF 6 PAGES AGENDA ITEM NO.8.F CITY COUNCIL AGENDA December 20, 2022 ITEM/SUBJECT: Appointments to Boards and Commissions INITIATING DEPT: City Clerk STRATEGIC GOAL: Actively engage and inform the public. STRATEGIC OBJECTIVE: Enhance public outreach and engagement. COMMENTARY: Terms of members for several boards expire December 31, 2022, and vacancies were advertised in accordance with Resolution 21-2015. Following are the current members, expiration dates, and interest in being reappointed for the following boards: *Airport Board of Adjustments Animal Shelter Advisory Committee *Construction Board of Adjustments & Appeals *Landmark Commission Park Board *Planning & Zoning *TIF #2 *TIF #3 *TIF #4 Wichita County— City of Wichita Falls Health Board Water Resources Commission *Zoning Board of Adjustment Boards with an * can be discussed in executive session. In accordance with Resolution 21-2015, no appointee shall serve more than six (6) consecutive years, unless waived by the Mayor and Council. These limits apply only where existing law or ordinance does not specify limits to terms of service on City boards. Staff is requesting six-year term limits to be waived where noted. Applicants highlighted in green are eligible for and desire reappointment, and those highlighted in yellow will either be moved to another position or replaced with a current applicant. Applications will be sent to the council by separate e-mail. ® City Clerk PAGE 1 OF 14 PAGES AGENDA ITEM NO. 12. ASSOCIATED INFORMATION: Member Rosters ® Budget Office Review ® City Attorney Review ® City Manager Approval PAGE 2 OF 14 PAGES AGENDA ITEM NO. 12. AIRPORT BOARD OF ADJUSTMENT PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Glenn Beavers 12/18/2018 12/31/2020 CWF 3 12/15/2020 12/31/2022 2 James Wingo 12/06/2016 12/31/2020 CWF 3 12/18/2018 12/31/2022 12/15/2020 **Waive term limit 3 Amy Bobrowitz 01/17/2006 12/31/2020 CWF 5 12/05/2006 12/31/2022 12/02/2008 **Waive term limit 12/07/2010 12/04/2012 12/02/2014 12/06/2016 12/18/2018 12/15/2020 4 Lawrence Cutrone 12/03/2019 12/31/2021 County resident/City appt. 12/21/2021 12/31/2023 5 Debra Carr 11/07/2017 12/31/2021 County resident/City appt. 12/03/2019 12/31/2023 12/21/2021 6 Mark McBurnett 01/19/2016 12/31/2021 SAFB Ex-Officio 11/07/2017 12/31/2023 Non-Voting Member 12/03/2019 12/21/2021 Current Applicants: Linda DeMuro, Dawn Ferrell, Mike Lange, Matt Maness, Josh Phillips, and Jason Traylor PAGE 3 OF 14 PAGES AGENDA ITEM NO. 12. ANIMAL SHELTER ADVISORY COMMITTEE PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 William Tucker 09/06/2022 None City Official 2 Dr. Bryan Wade 07/01/2014 12/31/2020 Veterinarian 2 12/02/2014 12/31/2022 12/06/2016 **Waive term limit. 12/04/2018 12/15/2020 3 Nicki Bacon 01/01/2019 None Animal Services Administrator 4 Amber Browning 12/21/2021 12/31/2023 Animal Welfare Organization (Move to Place 4—At-Large) 5 Leslie Harrelson 12/04/2018 12/31/2020 At-Large 1 12/15/2020 12/31/2022 (Does not wish to be reappointed) Current applicants: Stephen Dodge, Dawn Ferrell, Amber Gilmore, Michele Pohlmann, Traci Roberts, Shammann Smith, and Mary Walker. PAGE 4 OF 14 PAGES AGENDA ITEM NO. 12. CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Anthony Inman 12/19/2017 12/31/2020 General Bldg. Contractor; moved up 1 12/15/2020 12/31/2023 from Alt 1 09/03/2019 2 Leo Lane 12/6/2011 12/31/2020 Mechanical Engineer; term limit waived 1 12/02/2014 12/31/2023 by council 12/19/2017 12/15/2020 3 Gary Oatman 10/07/2010 12/31/2022 Structural Engineer; term limit waived 4 12/03/2013 by council 12/06/2016 **Waive term limit 12/03/2019 4 David Hartwell 12/06/2016 12/31/2022 Architect 12/03/2019 (Does not wish to be reappointed) 5 Pete Johnson 12/19/2017 12/31/2020 Plumbing Contractor 1 12/15/2020 12/31/2023 6 Allen Moore 12/15/2020 12/31/2023 AC Contractor 7 James Cox 12/15/2020 12/31/2022 Property Insurance Rep. 8 Michael Grassi 12/19/2017 12/31/2020 Home Bldg. Industry; moved up from 4 12/15/2020 12/31/2023 Alt 2 12/31/2017 9 Ripley Tate 12/4/2018 12/31/2022 At-Large; cannot be connected with 1 12/03/2019 construction industry 10 Vacant 12/31/2023 Electrical Contractor 11 Luke Oechsner 12/19/2017 12/31/2020 Master Electrician 1 12/15/2020 12/31/2023 12 Doug Marchand 09/03/2019 12/31/2022 Alt. 1 —General Bldg. Contractor 1 12/03/2019 13 Tanner Wachsman 12/19/2017 12/31/2022 Alt. 2—Home Bldg. Industry 4 12/03/2019 Current Applicants: Eric Archer (Electrical Contractor), Rick Hernandez (Architect), Paul Mason, Jr., Matthew Prouty (Architect) PAGE 5 OF 14 PAGES AGENDA ITEM NO. 12. LANDMARK COMMISSION PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Andy Lee 02/15/2011 12/31/2021 Licensed Real Estate 1 12/04/2012 12/31/2024 Broker or Appraiser 12/01/2015 12/18/2018 12/21/2021 2 Joel Hartmangruber 12/03/2019 12/31/2020 Architect in Training 1 12/15/2020 12/31/2023 3 Jane! Ponder Smith 12/03/2019 12/31/2022 Member of Residential 1 Historic District 4 John Dickinson 10/04/2016 12/31/2022 At-Large 4 12/03/2019 **Waive term limit 5 Noros Martin 03/16/2021 12/31/2022 P&Z Commission mom 1 Member 6 Marcela Medellin 12/04/2018 12/31/2021 Licensed Architect 3 12/21/2021 12/31/2024 LIN 7 Christy Graham 12/01/2015 12/31/2021 At-Large 1 12/18/2018 12/31/2024 12/21/2021 8 Nadine McKown, Vice Chair 09/17/2019 12/31/2021 Wichita County 3 12/21/2021 12/31/2024 Heritage Society 9 Michele Derr, Chair 12/03/2013 12/31/2022 Member of °°°°°°°°°° 1 12/06/2016 Commercial Historic 12/03/2019 District **Waive term limit. Current Applicants: Austin Cobb, David Cook, Dawn Ferrell, Rick Hernandez, Dwayne McKee, David Walker PAGE 6 OF 14 PAGES AGENDA ITEM NO. 12. PARK BOARD PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Larri Jean Jacoby 12/15/2020 12/31/2023 1 2 Patrick Hearn 08/03/2021 12/31/2021 1 12/21/2021 12/31/2024 I I 3 Jessica Traw 11/07/2017 12/31/2020 5 12/15/2020 12/31/2023 4 Sandy Fleming 12/18/2018 12/31/2021 1 12/21/2021 12/31/2024 5 Jim Heiman 12/18/2018 12/31/2021 4 12/21/2021 12/31/2024 6 Dr. Michael Battaglino 07/20/2021 12/31/2022 7 Dorcas Chasteen 12/21/2021 12/31/2024 4 8 Thomas Taylor 12/15/2020 12/31/2023 5 urp 9 Alan Donaldson 07/05/2017 12/31/2022 1 � 12/03/2019 10 Simeon Hendrix 07/19/2022 12/31/2022 IIII PDDII 11 Josh Phillips 07/19/2022 12/31/2022 Ili Om 4 Current applicants: Adam Arruda, Craig Brown, Austin Cobb, Dawn Ferrell, Ben Filer, Kristen Garrison, Stephanie Ingle, Luis Severin, Katherine Smith, Shammann Smith, Daniel Streeter PAGE 7 OF 14 PAGES AGENDA ITEM NO. 12. PLANNING AND ZONING COMMISSION PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Douglas McCulloch 07/19/2022 12/31/2022 Moved from Alt. 1 4 07/19/2022 2 Blake Haney 12/06/2016 12/31/2021 3 11/07/2017 12/31/2023 12/03/2019 12/21/2021 3 Cayce Wendeborn 01/19/2016 12/31/2021 4 11/07/2017 12/31/2023 12/03/2019 12/21/2021 4 Wayne Pharries 12/21/2021 12/31/2022 Moved from Alt 1 12/21/2021 5 Noros Martin 12/03/2019 12/31/2021 1 12/21/2021 12/31/2023 6 Jeremy Woodward 02/19/2019 12/31/2019 Moved from Alt 1 4 12/03/2019 12/31/2022 12/15/2020 12/15/2020 7 Michael Grassi 09/03/2019 12/31/2021 Moved from Alt. 2 4 12/15/2020 12/31/2023 03/16/2021 12/21/2021 8 Steve Lane 10/04/2016 12/31/2020 Moved from Alt. 4 12/15/2020 12/31/2022 02/19/2019 (Does not wish to be reappointed) 9 David (Carl)Cook 05/09/2018 12/31/2020 Moved from Alt. 4 12/15/2020 12/31/2022 12/18/2018 10 Matt Marrs 07/19/2022 12/31/2023 Alternate 1 3 **Move to Place 8 11 Steven Wood 03/15/2022 12/31/2022 Alternate 2 4 12 Mark McBurnett 01/19/2016 12/31/2021 SAFB Ex Officio 1 11/07/2017 12/31/2023 12/03/2019 12/21/2021 Current applicants: Paul Mason, Jr., William Parkin, Aston Pecor, Alan Sizemore PAGE 8 OF 14 PAGES AGENDA ITEM NO. 12. TAX INCREMENT FINANCING DISTRICT, REINVESTMENT ZONE #2 PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Whittney McCullar 12/21/2021 12/31/2023 City of Wichita Falls 3 2 Jim Chandler 10/18/2005 12/31/2021 City of Wichita Falls 3 12/04/2007 12/31/2023 12/01/2009 12/06/2011 12/03/2013 12/01/2015 11/07/2017 12/03/2019 12/21/2021 3 Ben J. Filer, Chair 10/18/2005 12/31/2020 City of Wichita Falls 3 12/04/2007 12/31/2022 12/01/2009 **Appoint as chair. 12/06/2011 12/04/2012 12/02/2014 12/06/2016 12/04/2018 12/15/2020 4 Jerry Taylor 12/27/2006 12/31/2022 Wichita County 1 02/09/2008 12/06/2010 12/27/2012 11/10/2014 12/27/2016 11/13/2018 12/07/2020 5 Mark Schroeder 12/07/2020 12/31/2022 Wichita County No applicants City Council Elects Chair — one year appointment PAGE 9 OF 14 PAGES AGENDA ITEM NO. 12. TAX INCREMENT FINANCING DISTRICT, REINVESTMENT ZONE #3 PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Gail Natale 12/04/2012 12/31/2020 City of Wichita Falls 3 12/02/2014 12/31/2022 12/06/2016 **Waive term limit 12/04/2018 12/15/2020 2 Whittney McCullar 03/16/2021 12/31/2021 City of Wichita Falls 3 12/21/2021 12/31/2023 3 Vacant 12/31/2023 City of Wichita Falls 4 Kenneth Haney, Chair 09/01/2009 12/31/2020 City of Wichita Falls 3 12/07/2010 12/31/2022 12/04/2012 **Waive term limit 12/02/2014 12/06/2016 12/04/2018 12/15/2020 5 Vacant 12/31/2023 City of Wichita Falls 6 Ronnie Williams 12/09/2019 12/31/2021 Wichita County 10/18/2021 12/31/2023 7 Commissioner Barry Mahler 05/31/2011 12/31/2022 Wichita County 12/17/2012 12/02/2014 12/27/2016 11/13/2018 12/07/2020 Current applicant: Michael Battaglino, Jamie Gould, and Shammann Smith City Council Elects Chair— one year appointment PAGE 10 OF 14 PAGES AGENDA ITEM NO. 12. TAX INCREMENT FINANCING DISTRICT, REINVESTMENT ZONE #4 PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Ben Filer, Chair 03/17/2015 12/31/2021 City of Wichita Falls 3 11/07/2017 12/31/2023 12/03/2019 **Reappoint as Chair 12/21/2021 2 John Dickinson 03/17/2015 12/31/2021 City of Wichita Falls 4 11/07/2017 12/31/2023 12/03/2019 12/21/2021 3 Jeff Marion 11/07/2017 12/31/2021 City of Wichita Falls 4 12/03/2019 12/31/2023 12/21/2021 4 Andy Lee 12/03/2019 12/31/2020 City of Wichita Falls 1 12/15/2020 12/31/2022 5 Cynthia Laney 03/17/2015 12/31/2020 City of Wichita Falls 4 12/06/2016 12/31/2022 12/04/2018 **Waive term limit. 12/15/2020 6 Commissioner Jeff Watts 03/30/2015 12/31/2021 Wichita County 11/27/2017 12/31/2023 11/25/2019 10/18/2021 7 Tony Fidelie, Jr. 03/30/2015 12/31/2022 Wichita County 12/27/2016 11/13/2018 12/07/2020 No current applicants. City Council Elects Chair — one year appointment PAGE 11 OF 14 PAGES AGENDA ITEM NO. 12. WATER RESOURCES COMMISSION PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Shane FitzHenry 03/15/2016 12/31/2021 Homebuilding Industry(Comm. 1 11/07/2017 12/31/2023 Business Rep) 12/03/2019 12/21/2021 2 Steve Smith 08/05/2014 12/31/2020 Industry 4 12/02/2014 12/31/2022 12/06/2016 **Waive term limit. 12/04/2018 12/15/2020 3 Cheryl Nix 07/07/2020 12/31/2020 Education 4 12/15/2020 12/31/2022 4 Glenn Barham 12/06/216 12/31/2021 At-Large 1 11/07/2017 12/31/2023 12/03/2019 12/21/2021 5 Roberto Huezo 03/15/2016 12/31/2021 SAFB/Govt Rep. 11/07/2017 12/31/2023 12/03/2019 12/21/2021 6 Tyson Traw 04/07/2015 12/31/2020 Engineer (Water Resources 12/06/2016 12/31/2022 Engineer) 12/04/2018 12/15/2020 **Waive term limit. No current applicants. PAGE 12 OF 14 PAGES AGENDA ITEM NO. 12. WC CWF HEALTH DISTRICT BOARD PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Paris Ward 11/05/2019 12/31/2021 At-Large CWF 4 12/21/2021 12/31/2023 2 Vacant 12/31/2022 Registered Nurse CWF 3 Dr.Jered Harlan 12/03/2013 12/31/2021 Practicing 12/01/2015 12/31/2023 Veterinarian CWF 11/07/2017 11/05/2019 12/21/2021 4 Melissa Plowman 11/07/2017 12/31/2021 Restaurant Association 4 11/05/2019 12/31/2023 CWF 12/21/2021 5 Dr.Keith Williamson 11/04/2014 12/31/2020 Practicing Physician 3 12/06/2016 12/31/2022 CWF 12/04/2018 12/15/2020 **Waive term limit 6 Dr.Tonya Egloff 12/03/2018 12/31/2021 Practicing Dentist— 11/12/2019 12/31/2023 County Appointment 10/18/2021 7 Ray Forsythe 10/17/2022 12/31/2024 At-Large County Current applicants: Nichole Jefferson (R.N.), and Rachel Reitan (Nurse Practitioner) PAGE 13 OF 14 PAGES AGENDA ITEM NO. 12. ZONING BOARD OF ADJUSTMENT PLACE NAME APPOINTED EXPIRATION QUALIFICATIONS DISTRICT 1 Steven Young 12/03/2019 12/31/2021 4 12/21/2021 12/31/2023 2 Thomas Yoder 12/01/2015 12/31/2020 (Does not wish to be 3 12/06/2016 12/31/2022 reappointed) 12/18/2018 12/15/2020 3 Dave Waddell 12/02/2014 12/31/2021 3 12/01/2015 12/31/2023 11/07/2017 12/03/2019 12/21/2021 4 Kerry Maroney 12/18/2018 12/31/2023 1 01/05/2021 12/21/2021 I 5 Tyson Traw, Chair 07/21/2015 12/31/2021 **Reappoint as Chair. 5 12/01/2015 12/31/2023 11/07/2017 12/03/2019 12/21/2021 6 Jose Garcia 12/18/2018 12/31/2020 Alternate 1 2 12/15/2020 12/31/2022 7 Vacant 12/31/2022 Alternate 2 4 8 Thomas Taylor 12/15/2020 12/31/2022 Alternate 3 5 9 Rick Hernandez 12/21/2021 12/31/2023 Alternate 4 10 Mark McBurnett 01/19/2016 12/31/2021 SAFB Non-Voting Ex 11/17/2017 12/31/2023 Officio 12/03/2019 12/21/2021 No current applicants. City Council Elects Chair — 2 year term PAGE 14 OF 14 PAGES AGENDA ITEM NO. 12.