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Min 12/20/2022 City of Wichita Falls City Council Meeting ,.,.�. Minutes December 20, 2022 �� !/[/fG41Ta py 5 "� TEXAS $/uei* 4o/de 97;rotic ties. 4, y t 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 Pastor Gene Holley, Life Church gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Proclamation — Eagle Scout Day 2023, Northwest Texas Boy Scouts of America Council 8:32 a.m. Mayor Santellana read a proclamation proclaiming January 13, 2023, as Eagle Scout Day in Wichita Falls and asked everyone to join him in extending our most profound appreciation for their dedicated work and wishing them the best in their future endeavors. Item 3b — Presentation — Atmos Energy Annual Operations Report and discussion on Line A Replacement Project in Wichita County — Pam Hughes Pak 8:33 a.m. Pam Hughes Pak, Atmos Energy, provided the Council information and discussed how Atmos Energy supports the community, and the gas line replacement project in Wichita County. Item 4-6 — Consent Items 8:37 a.m. Darron Leiker, City Manager, gave a briefing on the items listed under the Consent Agenda. Moved by Councilor Browning to approve the consent agenda. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 4—Approval of Minutes of the December 6, 2022 Regular Meeting of the Mayor and City Council Item 5a — Resolution 165-2022 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. Item 5b — Resolution 166-2022 CITY COUNCIL MINUTES December 20, 2022 PAGE 2 OF 16 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. Item 6 — Receive Minutes (a) Wichita Falls Park Board, October 27, 2022 (b) Lake Wichita Revitalization, November 8, 2022 Item 7a — Ordinance 61-2022 8:38 a.m. Ordinance canceling the regularly scheduled Council meeting on January 3, 2023. Moved by Councilor Browning to approve Ordinance 61-2022. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7b — Ordinance 62-2022 8:39 a.m. 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. Moved by Councilor Brewer to approve Ordinance 62-2022. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES December 20, 2022 PAGE 3 OF 16 Item 7c — Ordinance 63-2022 8:42 a.m. 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. Moved by Councilor Brewer to approve Ordinance 63-2022. Motion seconded by Councilor Smith. Terry Floyd, Director of Development Services, discussed the variance request, previous variances, and the conditions in the ordinance. Ronnie Whitfield, Pastor Onelife Community Church, stated that the church board approved the variance request for the Farmer's Market Association, and the variance would be for any vendor with the appropriate Texas Alcoholic Beverage Commission license. There was brief discussion about the previous variance granted being for an annual event, the rights of other churches in the area and concerns with granting the variance, and the precedent it would set. Motion failed by the following vote: Ayes: None Nays: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, and Whiteley Abstained: Councilor Smith Item 7d — Ordinance 64-2022 8:57 a.m. 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. Moved by Councilor Browning to approve Ordinance 64-2022. Motion seconded by Councilor Smith and carried by the following vote: CITY COUNCIL MINUTES December 20, 2022 PAGE 4 OF 16 Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: Councilor Jackson Item 7e — Ordinance 65-2022 8:59 a.m. Ordinance amending Chapter 14 Article III Division 3 Residential Permits, Section 14-202 Project Animals Permit, and Providing for codification. Moved by Councilor Brewer to approve Ordinance 65-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: Councilor Jackson Item 8a — Resolution 167-2022 9:02 a.m. 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. Moved by Councilor Browning to approve Resolution 167-2022. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8b — Resolution 168-2022 9:05 a.m. CITY COUNCIL MINUTES December 20, 2022 PAGE 5 OF 16 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. Moved by Councilor Brewer to approve Resolution 168-2022. 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 8c — Resolution 169-2022 9:08 a.m. 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. Moved by Councilor Brewer to approve Resolution 169-2022. 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 8d — Resolution 170-2022 9:10 a.m. Resolution confirming reappointment to the Firefighters' and Police Officers' Civil Service Commission. Moved by Councilor Browning to approve Resolution 170-2022 reappointing Laura Fidelie to the Civil Service Commission with a term to expire December 31 , 2025. Motion seconded by Councilor Brewer and carried by the following vote: CITY COUNCIL MINUTES December 20, 2022 PAGE 6 OF 16 Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8e — Resolution 171-2022 9:12 a.m. 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. Moved by Councilor Browning to approve Resolution 171-2022. 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 8f— Resolution 172-2022 9:17 a.m. 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. Moved by Councilor Brewer to approve Resolution 172-2022. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: Councilor Jackson CITY COUNCIL MINUTES December 20, 2022 PAGE 7 OF 16 Mr. Leiker recognized Lou Kreidler, and thanked her for all of her years of service. This is Lou's last City Council meeting and she will be retiring at the end of the year. Lou began her career in 2001 as the Nursing Administrator, was promoted to the Assistant Director of Health in 2004, and appointed Director of Health in 2006. Item 9 — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 9:22 a.m. Councilor Brewer thanked Jana Schmader for her fantastic job on the Christmas Parade held Saturday night. Councilor Smith wished everyone a Merry Christmas and Happy and safe New Year. Councilor Browning agreed with Councilor Smith's comments wishing everyone a Merry Christmas and Happy New Year. Councilor Whiteley thanked Jana Schmader for work assisting downtown businesses, and congratulated Lou Kreidler on her retirement. He discussed the inspection departments holiday hours and asked that the construction community receive an email regarding those hours. Mr. Floyd stated that an email was sent yesterday. Councilor Whiteley wished everyone a Merry Christmas. Councilor Nelson stated there are nine teams signed up to use the sports complex and he expects around fifteen teams. He discussed the concession stand at the complex and the need for additional employees once the sports complex is open, and the income generated. He also mentioned the possibility of additional apartments on 7th Street and Indiana, and wished everyone a Merry Christmas and Happy New Year. Mayor Santellana congratulated Lou Kreidler and recognized her and her staff for getting the City through the pandemic, and said he cannot thank her enough for her hard work. He thanked Jana Schmader for the great job on the downtown Christmas Parade, and wished everyone a Merry Christmas and Happy New Year and encouraged everyone to be safe. Item 10 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 9:35 a.m. There were no comments from the public. CITY COUNCIL MINUTES December 20, 2022 PAGE 8 OF 16 Item 11 — Executive sessions City Council adjourned into Executive Session at 9:36 a.m. in accordance with Texas Government Code §551 .072, §551 .74, and §551 .087. City Council reconvened at 10:26 a.m. Mayor Santellana reconvened in open session and announced that no votes or polls were taken. Item 12 — Appointments to Boards and Commissions 10:26 a.m. Moved by Councilor Smith to make the following appointments to the Airport Board of Adjustments: Place 1 — Glenn Beavers, reappoint with term to expire December 31 , 2024. Place 2 — James Wingo, reappoint with waiver of term limit, term to expire December 31 , 2024. Place 3 — Amy Bobrowitz, reappoint with waiver of term limit, term to expire December 31 , 2024. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Smith to reappoint Dr. Bryan Wade to Place 2 on the Animal Shelter Advisory Committee with a waiver of term limit, term to expire December 31 , 2024. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley CITY COUNCIL MINUTES December 20, 2022 PAGE 9 OF 16 Nays: None Moved by Councilor Jackson to appoint Michele Pohlmann to Place 4 on the Animal Shelter Advisory Committee with a term to expire December 31 , 2023. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, and Nelson. Nays: Councilors Browning, Smith, and Whiteley. Moved by Councilor Smith to move Amber Browning from Place 4 to Place 5 on the Animal Shelter Advisory Committee term to expire December 31 , 2024. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Smith to make the following appointments to the Construction Board of Adjustments and Appeals: Place 3 — Gary Oatman, reappoint with waiver of term limit, term to expire December 31 , 2025 Place 7 — James Cox, reappoint with term to expire December 31, 2025. Place 9 — Ripley Tate, reappoint with term to expire December 31, 2025. Place 12 — Doug Marchand, reappoint with term to expire December 31 , 2025. Place 13 — Tanner Wachsman, reappoint with term to expire December 31 , 2025. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES December 20, 2022 PAGE 10 OF 16 Moved by Councilor Brewer to appoint Matt Prouty to Place 4 — Architect on the Construction Board of Adjustments and Appeals, term to expire December 31 , 2023. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Smith, and Whiteley Nays: Councilor Nelson Moved by Councilor Browning to appoint Eric Archer to place 10 — Electrical Contractor on the Construction Board of Adjustments and Appeals, term to expire December 31, 2023. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Smith to make the following appointments to the Landmark Commission: Place 3 — Janel Ponder Smith, reappoint with term to expire December 31 , 2025. Place 4 — John Dickinson, reappoint with waiver of term limit, term to expire December 31 , 2025. Place 5 — Noros Martin, P&Z Commission Member, reappoint with term to expire December 31 , 2025. Place 9 — Michele Derr, reappoint with waiver of term limit, term to expire December 31 , 2025. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES December 20, 2022 PAGE 11OF16 Moved by Councilor Smith to make the following appointments to the Park Board: Place 6 — Dr. Michael Battaglino, reappoint with term to expire December 31 , 2025. Place 9 — Alan Donaldson, reappoint with waiver of term limit, term to expire December 31 , 2025. Place 10 — Simeon Hendrix, reappoint with term to expire December 31 , 2025. Place 11 — Josh Phillips, reappoint with term to expire December 31 , 2025. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Smith to make the following appointments to the Planning and Zoning Commission: Place 1 — Douglas McCulloch, reappoint with term to expire December 31, 2024. Place 4 — Wayne Pharries, reappoint with term to expire December 31 , 2024. Place 6 — Jeremy Woodward, reappoint with term to expire December 31 , 2024. Place 8 - Move Matt Marrs from Place 10 — Alt. 1 , to Place 8 with a term to expire December 31 , 2024. Place 9 — David Carl Cook, reappoint with term to expire December 31 , 2024. Place 11 — Steven Wood, reappoint with term to expire December 31 , 2024. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES December 20, 2022 PAGE 12 OF 16 Moved by Councilor Nelson to appoint Paul Mason, Jr. to Place 10 on the Planning and Zoning Commission, term to expire December 31, 2023. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Motion by Councilor Smith to appoint Ben Filer as Chair of the Tax Increment Financing District Reinvestment Zone 2 with a term to expire December 31, 2023. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Smith to make the following appointments to the Tax Increment Financing District Reinvestment Zone #3: Place 1 — Gaile Natale, reappoint with waiver of term limit, term to expire December 31, 2024. Place 4 — Kenneth Haney, reappoint with waiver of term limit, term to expire December 31, 2024. Chair— Kenneth Haney, reappoint with term to expire December 31, 2023. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES December 20, 2022 PAGE 13 OF 16 Moved by Councilor Brewer to appoint Jamie Gould to Place 3 on the Tax Increment Financing Reinvestment Zone #3 board, term to expire December 31 , 2023. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Whiteley to appoint Dr. Michael Battaglino to Place 5 on the Tax Increment Financing Reinvestment Zone #3 board, term to expire December 31 , 2023. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Smith to make the following appointments to the Tax Increment Financing District Reinvestment Zone #4: Place 4 —Andy Lee, reappoint with term to expire December 31 , 2024. Place 5 — Cynthia Laney, reappoint with waiver of term limit, term to expire December 31 , 2024. Chair— Ben Filer, reappoint with term to expire December 31 , 2023. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Smith to make the following appointments to the Water Resources Commission: CITY COUNCIL MINUTES December 20, 2022 PAGE 14 OF 16 Place 2 — Steve Smith, reappoint with waiver of term limit, term to expire December 31 , 2024. Place 3 — Cheryl Nix, reappoint with term to expire December 31 , 2024. Place 6 — Tyson Traw, reappoint with term to expire December 31, 2024. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Smith to reappoint Dr. Keith Williams to Place 5 on the Wichita County-City of Wichita Falls Health District Board with a waiver of term limit, term to expire December 31 , 2024. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Brewer to appoint Nichole Jefferson to Place 2 on the Wichita County-City of Wichita Falls Health District Board with a term to expire December 31 , 2024. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Smith to make the following appointments to the Zoning Board of Adjustment: Place 6 — Jose Garcia, reappoint term to expire December 31 , 2024. CITY COUNCIL MINUTES December 20, 2022 PAGE 15 OF 16 Place 8 — Tom Taylor, appoint with term to expire December 31 , 2024. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 13 —Adjourn Mayor Santellana adjourned the meeting at 10:46 a.m. PASSED AND APPROVED this 20th day of December 2022. .�, e. en Santellana, Mayor ATTEST: jyBi° 9 Marie Balthrop, TRM ,MMC City Clerk CITY COUNCIL MINUTES December 20, 2022 PAGE 16 OF 16