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Min 02/07/2023 City of Wichita Falls =� . City Council Meeting Minutes , \c-, 4February 7 2023 � �' A '1;j1:44 a51 �< �f ��-� � �J � ti TEXAS � `- 1 $/uei* 4e/de Oppal'tietee5 nl iti� 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 Craig Lile, Faith Baptist Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Employee of the Month — Luke Baker, Public Works/Water Purification 8:32 a.m. This item was postponed due to illness. Item 3b — Proclamation — Youth Leadership Wichita Falls Recognition Day, Youth Leadership Wichita Falls 8:32 a.m. Mayor Santellana read a proclamation proclaiming February 7, 2023, as Youth Leadership Recognition Day in Wichita Falls and he invited all citizens to join him in congratulating our Youth Leadership class and to continue encouraging our youth to keep striving toward excellence. Item 3c — Proclamation — African American History Month, Wichita Falls Alliance for Arts and Culture 8:36 a.m. Mayor Santellana read a proclamation proclaiming the month of February as African American History Month in Wichita Falls and encouraged all citizens to celebrate our diverse heritage and culture and to continue efforts to create a world that is more just, peaceful, and prosperous for all. 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 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 January 17, 2023, Regular Meeting of the Mayor and City Council CITY COUNCIL MINUTES February 7, 2023 Page 2 Item 5a — Resolution 13-2023 Resolution authorizing the City Manager to award bid and contract for the 2023 Asphalt Rehabilitation Project to Freeman Paving, LLC in the amount of $2,396,285.00. Item 6 — Receive Minutes (a) Animal Shelter Advisory Committee, December 10, 2021 (b) Fire Fighters and Police Officers' Civil Service Commission, March 2, 2022 (c) WFMPO Technical Advisory Committee, October 6, 2022 (d) Fire Fighters and Police Officers' Civil Service Commission, October 12, 2022 (e) Fire Fighters and Police Officers' Civil Service Commission, November 7, 2022 (f) Wichita Falls-Wichita County Public Health Board, November 9, 2022 (g) Wichita Falls Economic Development Corporation, December 15, 2022 Item 7a(i) — Public Hearing on ordinance to rezone 4520 Kemp Blvd. from Limited commercial (LC) to General Commercial (GC) 8:42 a.m. Mayor Santellana opened the public hearing at 8:42 a.m. Terry Floyd, Director of Development Services, discussed the proposed rezone from LC to GC, and the amendment to the Land Use Plan to allow for a multi-tenant facility. This rezone was unanimously approved by the Planning and Zoning Commission and staff recommends approval. Mayor Santellana closed the public hearing at 8:46 a.m. Item 7a(ii) Ordinance 04-2023 8:37 a.m. Ordinance to rezone 4520 Kemp Boulevard (Faith Village, Unit II, Lot 10A, Block 70)from Limited Commercial (LC) to General Commercial (GC) zoning district and amend the Land Use Plan from Low Density Residential to Commercial to allow for development of a multi-tenant facility with drive-thru services. Moved by Councilor Browning to approve Ordinance 04-2023. Motion seconded by Councilor Brewer and carried by the following vote: CITY COUNCIL MINUTES February 7, 2023 Page 3 Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7b — Ordinance 05-2023 8:47 a.m. Ordinance amending Section 50-34 of the Code of Ordinances, Identifying the Classifications and Number of Positions in Each Classification for the Fire Department. Moved by Councilor Browning to approve Ordinance 05-2023. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7c — Ordinance 06-2023 9:00 a.m. Ordinance authorizing the City Manager to approve a request from the Wichita Falls Housing Authority to close, vacate, and abandon an alley and any utility easement therein at 800 Juarez Street. Moved by Councilor Browning to approve Ordinance 06-2023. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7d — Ordinance 07-2023 9:02 a.m. CITY COUNCIL MINUTES February 7, 2023 Page 4 Ordinance amending the Wichita Falls Regional Airport fiscal year 2023 budget in an amount of $97,000 for various project expenditures. Moved by Councilor Smith to approve Ordinance 07-2023. Motion seconded by Councilor Browning. John Burrus, Director of Aviation Traffic & Transportation, discussed the proposed projects and stated that they will be funded with COVID funds. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7e — Ordinance 08-2023 9:06 a.m. Ordinance appropriating $3.2 million of unrestricted Water & Sewer fund balance to facilitate various repairs to the Jasper and the Cypress 61 Water Treatment Plants and authorizing the City Manager to execute a professional services agreement for the Jasper Water Treatment Plant High Service Pump Station Design, with Garver, LLC in the amount of $187,100.00. Moved by Councilor Brewer to approve Ordinance 08-2023. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 7f— Public Hearing on application of United Electric— Magic Aire to the Texas Commission of Environmental Quality (TCEQ) for a Municipal Setting Designation at 501 Galveston, Wichita Falls, TX. 9:09 a.m. Mayor Santellana opened the public hearing at 9:09 a.m. CITY COUNCIL MINUTES February 7, 2023 Page 5 Russell Schreiber, Director of Public Works, discussed the proposed Municipal Setting Designation (MSD) and the legislation that allows these designations issued by the Texas Commission on Environmental Quality (TCEQ). Magic Aire has met all Ordinance requirements and TCEQ believes the best thing to do is to allow the site to naturally attenuate and relieve the property owner of their testing requirements. Staff recommends support of the MSD. Councilor Jackson asked if any surrounding properties would be affected or be able to use groundwater. Mr. Schreiber stated that this MSD only applies to 501 Galveston and will not affect other properties or their ability to use groundwater. Councilor Nelson asked about Tier 1 studies. Dick Record, 102 Thompson, Richardson, TX, discussed Phase I studies, subsurface investigations and groundwater monitoring that have been completed over the last 27 years and remediation completed between 2016-2018 as part of the TCEQ's voluntary cleanup program. Councilor Nelson asked Mr. Record about a spreadsheet from 2018, and discussed concerns with property on California Street. Mr. Record stated that there are two monitor wells that have been sampled consistently with undetectable results, the contamination levels are stable, and the environmental concerns will correct themselves over time. Morris Key, 5709 El Campo Ave., Fort Worth, TX read a prepared letter against the MSD for Mr. Bill Stewart who owns land adjacent to Magic Aire, and discussed concerns and questions Mr. Stewart has regarding the MSD process. Mr. Key stated that he holds a doctorate in environmental geochemistry and that the plume itself does not properly define whether or not there is pollution upgradient from it. Mayor Santellana closed the public hearing at 9:19 a.m. Item 7q — Ordinance 09-2023 9:19 a.m. Ordinance authorizing the acceptance of Deed Restrictions prohibiting the use of designated groundwater from beneath the property located at 501 Galveston, Wichita Falls, Texas, 76301 , to facilitate certification of a Municipal Setting Designation (MSD) of said property by the Texas Commission on Environmental Quality (TCEQ) pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date of this Ordinance. Moved by Councilor Browning to approve Ordinance 09-2023. CITY COUNCIL MINUTES February 7, 2023 Page 6 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 8a — Resolution 14-2023 9:21 a.m. Resolution in support of the application of United Electric - Magic Aire to the Texas Commission on Environmental Quality (TCEQ)for a Municipal Setting Designation at 501 Galveston, Wichita Falls, Texas. Moved by Councilor Browning to approve Resolution 14-2023 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 8b — Resolution 15-2023 9:24 a.m. Resolution authorizing the City Manager to award bid and contract for the 2023 Seal Coat Project to Freeman Paving, LLC in the amount of $297,794.75. Moved by Councilor Brewer to approve Resolution 15-2023. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8c — Resolution 16-2023 CITY COUNCIL MINUTES February 7, 2023 Page 7 9:26 a.m. Resolution authorizing award of bid for demolition, clearing, and cleaning of 15 properties to Mote's Wholesale, Inc. in the amount of $64,320.00. Moved by Councilor Brewer to approve Resolution 16-2023. Motion seconded by Councilor Jackson Mr. Floyd stated this project will be federally funded through the Community Development Block Grant. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8d — Resolution 17-2023 9:32 a.m. Resolution authorizing the purchase of one thousand two hundred (1 ,200) banquet chairs and four (4) wheel hand trucks through the Omnia Partners Purchasing Cooperative from Michigan Tube Swagers & Fab Inc. dba MTS Seating in the amount of $250,349.32. Moved by Councilor Brewer to approve Resolution 17-2023. 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 8e — Resolution 18-2023 9:36 a.m. Resolution authorizing the City Manager to execute a contract with L-D Systems, L.P. in the amount of $579,701 .73 for the installation of a new sound system in the Kay Yeager Coliseum. CITY COUNCIL MINUTES February 7, 2023 Page 8 Moved by Councilor Browning to approve Resolution 18-2023. Motion seconded by Councilor Whiteley. Lindsay Barker, Director of MPEC, Communication and Marketing, stated that this project will be funded through the Venue Tax approved by voters in 2019. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: Councilor Jackson Item 8f— Resolution 19-2023 9:41 a.m. Resolution authorizing the City Manager to make application for a grant from the Office of the Governor, Public Safety Office, Homeland Security Grants Division, 2023 State Homeland Security Program — Law Enforcement Terrorism Prevention Activities in the amount of $65,000.00. Moved by Councilor Brewer to approve Resolution 19-2023. Motion seconded by Councilor Jackson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Jackson, Nelson, Smith, and Whiteley Nays: None Councilor Browning left the meeting at 9:42 a.m. Item 8q — Resolution 20-2023 9:45 a.m. Resolution authorizing the City Manager to make application for a grant from the Office of the Governor, Public Safety Office, Criminal Justice Division, FY 2024 Edward Byrne Memorial Justice Assistance Grant Program (JAG), in the amount of $131 ,616.00. Moved by Councilor Brewer to approve Resolution 20-2023. CITY COUNCIL MINUTES February 7, 2023 PAGE 9 OF 12 Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, 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. 9:48 a.m. Councilor Jackson stated that on some of the spending he thinks we could look at it in different ways and that just because he votes no it does not mean he disagrees or agrees with a lot of it. He feels we could spend extra money in different areas such as infrastructure. Councilor Brewer announced he will not run for City Council in November. He stated that he is really pleased with the Hotel project and feels it will help reduce costs at the MPEC, and that the new schools will help the economy and help Wichita Falls grow. He thanked everyone who has worked with him and stated that he will continue to work for the citizens until his term ends. He expressed his thanks for the great Police and Fire Departments we have and their professionalism. He encouraged those interested in running for District 4 to reach out to staff to learn more about the position. Councilor Smith acknowledged and thanked staff for their work during the recent inclement weather, and stated staff does a great job. He stated that the Firefighter Academy graduation was an awesome presentation and was inspiring, and he congratulated Chief Prillaman and the graduates. Councilor Whiteley congratulated Police Officers that received awards at the recent Police Officer's Association banquet, and congratulated the new firefighters that recently graduated. Councilor Nelson thanked Carol Murray for attending, and thanked Russell Schreiber for the sewer and street work at the Police Department. He stated he will be going to Austin to ask about body cameras, and he thanked everyone for attending. Mayor Santellana expressed his thanks for the recent Firefighter Academy graduation and congratulated the graduates. He discussed Councilor Jackson's comments regarding spending and noted that some funds are restricted on how they can be used, and he encouraged citizens to reach out to their Councilor, staff, or the City Manager with any questions they may have. He stated he is sad that Councilor Brewer is not going to run for his position again, stated Councilor Brewer has done a fantastic job, and he has CITY COUNCIL MINUTES February 7, 2023 PAGE 10 OF 12 enjoyed his time on Council with him. He encouraged citizens that might be interested in running for City Council to apply and acknowledged the two individuals that have already announced their candidacy for Mayor. He stated he has been blessed with great Councilors who are compassionate about the City and their District, even though they may not always agree. He thanked Councilor Jackson for speaking up about why he voted no. Mayor Santellana thanked staff and TxDOT for the response to the recent winter weather, discussed the preparation that goes into our response, and thanked them for their work. Councilor Brewer asked Marie Balthrop, City Clerk, for the dates when individuals can apply for a place on the ballot. Mrs. Balthrop stated the filing period is July 22, 2023 — August 21 , 2023, and individuals that publicly announce their candidacy need to file their Campaign Treasurer designation with the Clerk's office. Item 10 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 9:28 a.m. Joe Miller, 4322 S. Leighton Cir., discussed his desire to close the easement for 2131 Jacksboro Highway and concerns he has. He asked the Council to look at the appraisal, to consider just closing the easement, and stated that he feels the appraisal was high. Item 11 — Executive sessions City Council adjourned into Executive Session at 10:03 a.m. in accordance with Texas Government Code §551 .087, and §551 .071 . Councilor Browning returned to the meeting at 10:36 a.m. City Council reconvened at 11 :26 a.m. Mayor Santellana reconvened in open session and announced that no votes or polls were taken. Item 12 —Adjourn Mayor Santellana adjourned the meeting at 11 :26 a.m. PASSED AND APPROVED this 21st day of February 2023. CITY COUNCIL MINUTES February 7, 2023 PAGE 11OF12 frteSantellana, Mayor ATTEST: Mari Balthrop, TRM , MMC City Clerk CITY COUNCIL MINUTES February 7, 2023 PAGE 12 OF 12