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Min 08/15/2023 City of Wichita Falls f M7° City Council Meeting s .....� Minutes 4ikr 4Ak1 �'IAugust 15, 2023 9liM6RCf+L 4 N , T E X AS �0 /J F $/ueSkieF.4o/de Opp tmeees '! +L ,"' 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 Minister Ken Holsberry, Tenth & Broad Church of Christ, gave the invocation. Item 2b — Pledge of Allegiance Mayor Santellana led the Pledge of Allegiance. Item 3a — Proclamation — League of Women Voters Equality Day/League of Women Voters 8:32 a.m. Mayor Santellana read a proclamation proclaiming August 23, 2023, as Women's Equality Day in Wichita Falls and asked everyone to join him in recognizing the League of Women Voters in Wichita County and women from all over the city as we celebrate Women's Equality Day. Item 4-6 — Consent Items 8:35 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 Mayor and City Council 1 . August 1 , 2023 Regular Meeting 2. August 8, 2023 Special Meeting Item 5a — Resolution 89-2023 Resolution authorizing the City Manager to execute all documents necessary to purchase the 175 Solarmax LED Ballfield Lights from Solarmax LED, INC. to replace aging lights at the youth baseball fields located at Kiwanis and Lake Wichita Parks in the amount of $83,125. Item 5b — Resolution 90-2023 Resolution authorizing the City Manager to apply for non-matching Grant Funds from the FY 2023 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $37,692.00 with co-applicant, Wichita County Sheriff's Office. CITY COUNCIL MINUTES August 15, 2023 PAGE 2 OF 12 Item 6 — Receive Minutes (a) Metropolitan Planning Organization - Technical Advisory Committee, April 6, 2023 (b) Metropolitan Planning Organization —Transportation Policy Committee, April 25, 2023 (c) Lake Wichita Revitalization Committee — June 13, 2023 Moved to item 8e Item 8e — Resolution 95-2023 8:36 a.m. Resolution authorizing the City Manager to Execute a Raw Water Purchase contract with Oklaunion Power Station LLC. Mr. Leiker requested that item 8e be pulled from the agenda in light of both the Public Works Director and Utility Operations Manager being unable to attend the meeting today. Returned to item 7a. Item 7a(i) — Public hearing and consideration to rezone 2203 Missile Road (+/-3.43 Acres of the Lewis Wells Survey, Abstract 323), from Limited Commercial (LC) to Planned Unit Development — Residential Use (PUD-RU) zoning district to allow for the construction of a 48-unit multi-family complex 8:37 a.m. Mayor Santellana opened the public hearing at 8:37 a.m. Terry Floyd, Director of Development Services discussed the purpose of the rezone, and the differences between what can be built in LC versus PUD-RU. Mr. Floyd discussed the additional enhancements to the project required under PUD-RU zoning. Burkburnett ISD was notified of the project and no comments were received. The Planning and Zoning Commission unanimously approved the proposed rezone on July 12, 2023, and an additional public hearing was held on August 9, 2023, and there were no additional public comments. Staff recommends approval of the rezone. CITY COUNCIL MINUTES August 15, 2023 PAGE 3 OF 12 Michael Grassi, #7 Amber Valley, stated that he would like to move forward with the project, discussed the additional requirements under PUD-RU, and stated that the rezone would allow him to put parking in the rear which improves the aesthetics of the project. He stated that if the rezone is not approved parking will have to be moved to the front and visible from the street. Councilor Whiteley asked about the meetings that Councilor Jackson planned to organize and asked how those went. Mr. Grassi stated that he spoke on the phone extensively with Councilor Jackson and a representative of the neighborhood and they agreed to disagree. Debra Reed, 5500 Hooper, discussed her concerns about the crosswalk and safety of the children and adults that use it. She stated the lighting is currently in the ground and not bright enough during the day. She discussed her concerns regarding water and sewer infrastructure, stated that she hopes there is a study completed for the traffic congestion in the area, and said she was sorry there was no meeting between Mr. Grassi and the community members due to differences of opinions. Ms. Reed acknowledged that Development Services did make some improvements in communication, but stated there is still room for additional improvement. She discussed that the land across from the property is owned by Mr. Rhone and is designated as a designer median. Councilor Jackson asked Ms. Reed if she knew how many people signed the petition that she started. Ms. Reed said she had 85 signatures on the petition, and the most recent letter received from Development Services stated they did not need to resubmit the petition of opposition for the additional public hearing. Ms. Reed discussed how they had already reached the 20% of individuals opposed to the project and stated that she hopes the City will address the crosswalk. Mayor Santellana asked Ms. Reed if she had a choice between a multi-story project and the proposed project what project would she prefer. Ms. Reed stated she would prefer the least objectionable project which would be the proposed project, but the crosswalk needs to be addressed. Councilor Smith thanked Ms. Reed and addressed her concern regarding the crosswalk. He loves the project and has often wondered when something would be built on this vacant property. He spoke to Chief Borrego about his concerns with the crosswalk, police presence at the crosswalk, and asked the Chief if Missile Road is a dangerous road. Chief Borrego stated it was not dangerous in comparison to other roads and he did not see any need to add any additional features to the crosswalk. Councilor Smith also spoke with John Burrus, Director of Aviation, Traffic, and Transportation, to see if he had any concerns or wanted to add any safety elements, and Mr. Burrus indicated that he did not have anything to add. CITY COUNCIL MINUTES August 15, 2023 PAGE 4 OF 12 Ms. Reed said they have seen City buses almost run over people in the crosswalk, and Council and staff may be confident and say it is safe, but they do not live there. She also stated that a little girl was killed at the crosswalk several years ago. Councilor Smith said staff will continue to monitor the crosswalk and if they see any way to make it safer they will bring it to the Council. Councilor Jackson stated that ninety percent of the individuals that called him were against the rezone, and he asked Ms. Reed the percentage of individuals that would want him to vote no. She acknowledged that Mr. Grassi plans to build upper level apartments, but everyone's first reaction when she asked them about building forty-eight apartments on the land was no. Mayor Santellana asked if those individuals know that he can build a less desirable project without any additional approval. He feels that most people want no development there, and Ms. Reed stated that they do not want apartments, they want a residential area with homes, and she is disappointed no public meeting with the developer was scheduled. Mayor Santellana stated that by voting this down, Mr. Grassi can build a three-story building with parking facing the street. Ms. Reed stated she is not in favor of that, and acknowledged that the proposed project is the least obstructive. Councilor Jackson asked Mr. Grassi to step forward and stated that the main concern is that at a later date the property will sell and turn into Section 8 housing. Mr. Grassi stated that his intention is to build market rate apartments and he intends to keep the property. Mr. Grassi addressed Ms. Reed's concerns and thanked the community for their input. He stated that as a private land owner, the idea that he should negotiate with the neighborhood on what he can build there is interesting, and addressed why there was not a public meeting. He gave credit to Mr. Floyd for the work on the project and stated that they tried to present a project that would be the least objectionable to the neighborhood. Tom Taylor, 2318 Rockhill Road, stated his home sits just off of Missile Road and Hooper. He thanked Ms. Reed for her work. He has lived on Rockhill for 35 years and has seen improvement, and agrees with Ms. Reed on the concerns with the crosswalk. One good thing that will come out of this discussion is the attention given to the safety of the crosswalk. He urged the Council to vote in favor of the rezone as it is a good project, it will fit in good with the other properties in the area, and will add to the aesthetics of Missile Road. He thanked Ms. Reed for bringing her concerns to the public. Beverly Ellis, 1605 Parkdale, thanked Ms. Reed for her presentation and stated the builder is concerned that he is the taxpayer, but he will make income off of the property. She is concerned that the apartments will increase the number of children in the area. Ms. Ellis stated that Ms. Reed's concern is valid, even though it does not seem to be a concern to many on the Council. She thinks that Mr. Grassi should meet with the community so he can explain his intentions, answer their questions, and listen to what CITY COUNCIL MINUTES August 15, 2023 PAGE 5 OF 12 has to be said to him. She feels the item needs to be tabled and reviewed again at a later time. Mayor Santellana closed the public hearing at 9:08 a.m. Item 7a(ii) — Ordinance 46-2023 9:08 a.m. Ordinance to rezone 2203 Missile Road (+/-3.43 Acres of the Lewis Wells Survey, Abstract 323), from Limited Commercial (LC) to Planned Unit Development— Residential Use (PUD-RU) zoning district to allow for the construction of a 48-unit multi-family complex. Moved by Councilor Browning to approve Ordinance 46-2023. Motion seconded by Councilor Brewer and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Nelson, Smith, and Whiteley Nays: Councilor Jackson Item 7b — Ordinance 47-2023 9:10 a.m. Ordinance amending Chapter 94, Article I, Section 94-15 to allow for the expansion of the use area, creating new hours of operation, and limiting the speed of Personal Mobility Devices within the Central Business District. Moved by Councilor Brewer to approve Ordinance 47-2023. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None CITY COUNCIL MINUTES August 15, 2023 PAGE 6 OF 12 Item 8a(i)— Public Hearing on the Fiscal Year 2024 Proposed Operating Budget and resolution Setting a Date for Adoption of the FY 2024 Budget 9:14 a.m. Mayor Santellana opened the public hearing at 9:14 a.m. Jessica Williams, Director of Finance/CFO, discussed the FY 2024 Proposed Budget, and stated the proposed budget was based on the estimated preliminary values due to the timing of receiving the certified values. The total budget is approximately $232.9 million, which is a decrease of approximately $864,000 or .37 percent from the FY 2023 adopted budget. The proposed budget proposes a decrease in the tax rate from $0.694321 to $0.680000 per $100 of assessed value, and the proposed budget can be viewed in its entirety on the city's website. Mayor Santellana closed the public hearing at 9:16 a.m. Item 8a(ii) — Resolution 91-2023 9:16 a.m. Resolution for setting a Date for Adoption of the FY 2024 Budget. Moved by Councilor Browning to approve Resolution 91-2023 setting the date for adoption of the FY 24 budget for September 5, 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 Item 8b — Resolution 92-2023 9:18 a.m. Resolution expressing the City Council's intent to place a proposal on a future Council agenda approving a property tax rate that exceeds the no new tax rate, but does not exceed the voter-approval tax rate; scheduling one public tax rate hearing, and establishing the date to vote on same. Moved by Councilor Brewer to approve Resolution 92-2023. CITY COUNCIL MINUTES August 15, 2023 PAGE 7 OF 12 Motion seconded by Councilor Jackson. Ms. Williams discussed the current property tax rate of $0.694321 , the no-new-revenue tax rate of $0.639708, the voter-approval rate of $0.685010, the proposed tax rate of $0.680000 which is higher than the no-new-revenue rate, and the intent to consider the approval of the tax rate on September 5, 2023. Moved by Councilor Browning to amend the main motion to include the tax rate of $0.680000. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Moved by Councilor Browning to approve the main motion as amended. Motion seconded by Councilor Brewer and carried by the following record vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 8c — Resolution 93-2023 9:23 a.m. Resolution nominating Howmet Castings & Services, Inc., located in Wichita Falls, to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank for designation as a Single Enterprise Project (Project) under the Texas Enterprise Zone Program (EZP) under the Texas Enterprise Zones Act, Chapter 2303, Texas Government Code (Act). Moved by Councilor Brewer to approve Resolution 93-2023. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley CITY COUNCIL MINUTES August 15, 2023 PAGE 8 OF 12 Nays: None Item 8d — Resolution 94-2023 9:26 a.m. Resolution accepting the Health Official's Report regarding the need for local governmental requirements pertaining to agricultural operations, as required by House Bill 1750, to retain and enforce Chapter 14, Animals, and related ordinances of Wichita Falls. Moved by Councilor Brewer to approve Resolution 94-2023. Motion seconded by Councilor Browning. Amy Fagan, Director of Heath, discussed the required report, and her concerns. Ms. Fagan stated that the report was unanimously approved by the Wichita County — City of Wichita Falls Health Board, and the Animal Shelter Advisory Committee. Motion carried by the following vote: Ayes: Mayor Santellana, Councilors Brewer, Browning, Jackson, Nelson, Smith, and Whiteley Nays: None Item 9a — Staff Reports Memorial Auditorium Building Renovation Update — Dick Bundy & Steve Wood from BYSP Architects, Blake Jurecek 9:34 a.m. Blake Jurecek, Assistant City Manager, gave an overview of the Memorial Auditorium renovation project, timeline, and estimated cost, and noted that this project is funded with ARPA funds. This project does not include the auditorium as that will be paid for with other funds at a later date. Dick Bundy, BYSP Architects, discussed how this building was built in 1927 and is an iconic building in Wichita Falls. In 1964 the building was renovated and the Council Chambers was built on the first floor. This project gives us an opportunity to move the Council Chambers to the front entrance on the third floor. CITY COUNCIL MINUTES August 15, 2023 PAGE 9 OF 12 Steve Wood, BYSP Architects, discussed the team that is in place, and how they addressed departmental layout, and stated they continue to meet with Department Heads to discuss design details. He discussed each floor, what departments will be included on each floor, and the important renovations of public restrooms. The project includes the renovation of the vestibule area enclosing it in glass to protect the historic facade, adding a gathering space outside, improving accessibility, and office space for Councilors to meet with constituents. Blake Jurecek, discussed the cost estimate. funding options, how ARPA funds can be used, and the final project estimate of$17,450, 000.00. He noted that construction costs have not gone up, but we have added additional aspects to the project. Proposed funding includes $9.95 million of ARPA lost revenue funds, $3.5 million in Public Health Mitigation ARPA funds, and $4 million of Mitigation of Travel and Tourism funds. The next step is the bidding and procurement process, and setting a guaranteed maximum price. Construction is estimated to be from January 2024— Spring 2026, and this project will not raise taxes or be a burden to our citizens. Mr. Leiker noted that we also anticipate energy efficiency with this renovation that will reduce utility costs. Item 9b — Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:07 a.m. Councilor Jackson thanked everyone that helped with the storm last week, and personally thanked the Robinson family who used their equipment to help two elderly citizens on his street trim trees. He asked about reporting damages, and Mr. Leiker stated that this is the first step to see the magnitude of the damage so we can seek state or federal assistance. Councilor Jackson discussed the significant damage in District 5, thanked everyone that helped their neighbors, and stated there is more cleanup needed. Councilor Brewer asked Amy Fagan about participation in adopt a pet. Ms. Fagan said that the Animal Shelter is participating and there will be free adoptions on Saturday, August 26, 2023. Councilor Smith thanked several groups including the Fire Department and Police Department for their search and rescue efforts on Seymour Highway Thursday night. He thanked Parks and Recreation for their work cleaning up trees, and stated Lucy Park is accepting tree limbs. He thanked the Street Department for their work putting up temporary stop signs and clearing the streets. Luckily, we had no disruption in water or sanitation systems, and he thanked City staff for their extended hours of work. CITY COUNCIL MINUTES August 15, 2023 PAGE 10 OF 12 Councilor Browning reminded everyone that next weekend is Hotter "N Hell and to watch for cyclists. Councilor Whiteley echoed Councilor Smith's remarks regarding City staff and expressed his appreciation. He praised Building Inspections for allowing call in permits and inspections to assist with getting power restored and repairs made. It really simplified the process and he appreciates it. He thanked Blake and BYSP for their presentation, and thanked Dick Bundy personally for the work he does in our community. Councilor Nelson thanked everyone that helped during the storm, and mentioned various businesses that helped. He discussed efforts in the Ben Donnell area, and the distribution of water. Everyone did a good job during those three days, and stated he is going to try and institute a disaster committee in his district to work together. Mayor Santellana discussed the storm, the excellent communication, how vital communication is during these events, and how Mr. Leiker provided as much information as possible while the internet service was down. He thanked ONCOR for their work, discussed possibly bringing back a committee to provide funding to low income individuals with repairs during a disaster that is not large enough for federal or state funding. Mr. Leiker discussed how the committee would be a group you could go to and get immediate funding for repairs that cannot wait. Mayor Santellana encouraged individuals interested to get in touch with him. He thanked the firefighters for their assistance, thanked Councilor Jackson for his assistance in District 5, and thanked Darron for keeping the Council informed. There was a fire behind his house and he thanked the Fire Department for protecting the homes in that area, and stated they did a fantastic job across the County. He encouraged individuals to help Fire Departments with water, and other donations as they can. He thanked the Police Department for blocking off the areas to keep citizens safe and away from the fires, gave kudos to all of the emergency response teams in the area, and stated he loves seeing Wichitans helping Wichitans. Next weekend is Hotter `N Hell and he encouraged citizens to volunteer. Councilor Jackson asked if all power has been restored, and Mr. Leiker stated he would have to check the outage map, but thinks we are close. Item 10 — Comments from the Public to Members of the City Council Concerning Items That Are Not on the City Council Agenda 10:34 a.m. Carol Murray, 3203 Beech, stated she was prepared to discuss the water contract but since it has been postponed she will hold her comments. She stated the contract gives us an opportunity to have a town hall meeting, and asked if there are any plans to hold a CITY COUNCIL MINUTES August 15, 2023 PAGE 11OF12 community meeting to discuss the contract since it impacts citizens. She encouraged a meeting to be planned. Danny Wilson, Police Officers Association, 3411 McNiel #300, thanked the Council and Jessica for their work on the budget. He discussed the national shortage of officers and the need to work on recruitment and retention. The association would like to meet with the Council over the next fiscal year during the budget process. Item 11 — Executive Sessions City Council adjourned into Executive Session at 10:40 a.m. in accordance with Texas Government Code §551 .087 and §551.072. City Council reconvened at 11 :25 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 5th day of September 2023. ntep en Santellana, Mayor ATTEST: ZC Marie Balthrop, TRM MMC City Clerk CITY COUNCIL MINUTES August 15, 2023 PAGE 12 OF 12