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Min 12/05/2023 City of Wichita Falls i - 3 J r `fl\n : City Council Meeting ,r ,� > > r " A ..-..� Minutes ,�'"; � ��� � ' December 5, 2023 9��6�! ]�k 4 kf Ilk ' r w� , z ��� 1� rid T E XAS \� f'jL. ,- $/Skies 4o/dera Op'arturyties 4, Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas, met in a regular session 8:30 a.m. on the above date in the Council Chambers at Memorial Auditorium with the following members present. Tim Short - Mayor Bobby Whiteley - Mayor Pro Tem/ At-Large Jeff Browning - Councilors Larry Nelson - Michael Smith - Tom Taylor - Darron Leiker - City Manager Kinley Hegglund - City Attorney Marie Balthrop - City Clerk Absent: Mike Battaglino — District 4 Mayor Short called the meeting to order at 8:30 a.m. Item 2a — Invocation Pastor Tim Puckett, Heritage Church, gave the invocation. Item 2b — Pledge of Allegiance Mayor Short led the Pledge of Allegiance. Item 3a — Employee of the Month — Leticia Aquallo, Information Technology 8:31 a.m. Mayor Short recognized Leticia Aquallo as Employee of the Month for December 2023 and shared a brief video. Mayor Short congratulated Ms. Aquallo and presented her with a plaque, letter of appreciation, dinner for two, and a check, and thanked her for her service. Item 3b — Recognition of Foreign Exchange Students — Dave Clark 8:33 a.m. Dave Clark introduced foreign exchange students from Wichita County, and recognized foreign students here with their parents stationed at Sheppard Air Force Base. Mayor Short bestowed honorary citizenship to each student, and presented them with a certificate. Item 4 — Comments from Citizens 8:40 a.m. Annie Jackson, 1027 Crescent Lane, addressed the Council regarding Charter sections 134 — Political Patronage, and 135 — Political Partisanship. Item 5-6 — Consent Items 8:43 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 Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 5 — Approval of Minutes of the November 21, 2023, Regular Meeting of the Mayor and City Council CITY COUNCIL MINUTES December 5, 2023 PAGE 2 OF 15 Item 6 — Receive Minutes (a) Board of Adjustment, September 20, 2023 (b) Landmark Commission, September 26, 2023 Item 7a was moved to the end of the agenda after Executive Session. Item 7b — Resolution 139-2023 8:43 a.m. Resolution authorizing the purchase of replacement 3/4 inch through 6-inch water meters and associated parts for the Water Distribution Division, from Thirkettle Corporation dba Aqua-Metric Sales Company, in the amount of $141 ,520.84 Moved by Councilor Browning to approve Resolution 139-2023. Motion seconded by Councilor Nelson, and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None (Councilor Nelson mistakenly voted under Councilor Battaglino's name) Item 7c — Resolution 140-2023 8:47 a.m. Resolution authorizing the award of a sole-source purchase of 9 Lift Station Pumps for the wastewater collections system and 3 Return Activated Sludge Pumps for the Northside Wastewater Treatment Plant from Xylem Water Solutions U.S.A., Inc., in the amount of $170,554.50 Moved by Councilor Browning to approve Resolution 140-2023. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley CITY COUNCIL MINUTES December 5, 2023 PAGE 3 OF 15 Nays: None Item 7d — Resolution 141-2023 8:51 a.m. Resolution authorizing the purchase of Axon Enterprise's package bundle consisting of 105 In-Car video systems, 4 Interview room recording systems, unlimited cloud storage, and 120 body-worn cameras with license, warranties, and accessories through the BuyBoard Purchasing Cooperative from Axon Enterprises totaling $2,854,406.55 Moved by Councilor Nelson to approve Resolution 141-2023. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7e — Resolution 142-2023 8:56 a.m. Resolution authorizing the first-year purchase of one hundred twenty (120) Axon body- worn cameras and related accessories and warranties through the BuyBoard Purchasing Cooperative from Axon Enterprises in the amount of $200,446.20 Moved by Councilor Nelson to approve Resolution 142-2023. Motion seconded by Councilor Browning and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7f— Resolution 143-2023 8:58 a.m. CITY COUNCIL MINUTES December 5, 2023 PAGE 4 OF 15 Resolution authorizing the City Manager to execute all documents necessary to purchase the CASE TV370B Compact Track Loader from Associated Supply Company, Inc. dba ASCO Equipment in the amount of $75,000 Moved by Councilor Browning to approve Resolution 143-2023. Motion seconded by Councilor Smith carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7q — Resolution 144-2023 9:04 a.m. Resolution authorizing the purchase of thirteen 3/4-ton pickups for various City Divisions through the BuyBoard Purchasing Cooperative from Sam Pack's Five Star Ford, Ltd. in the amount of $542,455.44. Moved by Councilor Browning to approve Resolution 144-2023. Motion seconded by Councilor Whiteley, and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7h — Resolution 145-2023 9:09 a.m. Resolution authorizing the purchase of two 1 .5-ton trucks with 3-yard dump beds for the Parks Maintenance and Recreation Divisions through the BuyBoard Purchasing Cooperative from Sam Pack's Five Star Ford, Ltd. in the amount of$178,399.40. Moved by Councilor Browning to approve Resolution 145-2023. Motion seconded by Councilor Smith David Gray, 1050 Jan Lee Dr., Burkburnett, asked for an explanation of the BuyBoard purchasing cooperative, and if this process keeps us from having to accept bids. CITY COUNCIL MINUTES December 5, 2023 PAGE 5 OF 15 Mr. Leiker discussed the variety of purchasing cooperatives used and the advantages since they use large volume of purchases to command the best price. The purchasing cooperatives take bids to obtain the lowest price. Motion carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7i — Resolution 146-2023 9:13 a.m. Resolution authorizing the purchase of two (2) 35-foot low floor diesel buses off the State of Washington Contract to Gillig LLC in the amount of $1 ,191 ,410.00. Moved by Councilor Browning to approve Resolution 146-2023. Motion seconded by Councilor Whiteley motion carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7i — Resolution 147-2023 9:18 a.m. Resolution authorizing the City Manager to enter into an interlocal agreement with the South Central Planning and Development Commission for software services for building inspections software services in the amount of $40,800. Moved by Councilor Browning to approve Resolution 147-2023. Motion seconded by Councilor Nelson. Terry Floyd, Director of Development Services, gave a presentation on the new building inspections software and mobile application, and discussed the benefits and efficiencies, and stakeholders input. There was brief discussion regarding the benefits and training that will be provided. CITY COUNCIL MINUTES December 5, 2023 PAGE 6 OF 15 David Grey, 1050 Jan Lee Dr., Burkburnett, asked about the technology and money savings if air cards are no longer needed, and asked if the cost of permits and fees would have to increase. Mr. Floyd stated that air cards would still be used to provide staff with internet connection needed in the field. Michael Grassi, #7 Amber Valley, Government Affairs Liaison for the North Texas Home Builders Association, stated that he participated in the selection process. Mr. Grassi stated that the association will host training for their members, and he is extremely excited about getting the software up and running. He praised Terry Floyd for including stakeholders in the decision making process. Motion carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7k — Resolution 148-2023 9:32 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget to include an expenditure up to $20,625 to support a performance agreement with Senderoo, LLC to assist in building improvements at 4385 Seymour Highway in Wichita Falls. Moved by Councilor Browning to approve Resolution 148-2023. Motion seconded by Councilor Nelson. Ron Kitchens, Wichita Falls Chamber of Commerce CEO, thanked the Council and stated that the City of Wichita Falls ranks number one in the Texas for the attraction of millennials, and number eight in the nation, showing that Wichita Falls is growing, and discussed the performance agreement with Senderoo, LLC. Annie Jackson, 1027 Crescent Lane, asked for clarification of the name of the company since she was unable to find the company online. Mr. Kitchens stated they are a new company founded in Arizona and transferring to Texas. After they relocate, the company will be established in the state of Texas. Motion carried by the following vote: CITY COUNCIL MINUTES December 5, 2023 PAGE 7 OF 15 Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 71 — Resolution 149-2023 9:37 a.m. Resolution approving the programs and expenditures of the Wichita Falls Economic Development Corporation (WFEDC/4A) by amending the budget to include an expenditure up to $1 ,175,000 to support a performance agreement with Westlake Chemical related to the proposed expansion of their current facility in Wichita Falls. Moved by Councilor Nelson to approve Resolution 149-2023. Motion seconded by Councilor Smith. Mr. Kitchens discussed the competitive process and discussed the performance agreement with Westlake Chemical for the expansion and upgrade of their facility. Motion carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7m(i)— Public Hearing for the consideration to declare the City of Wichita Falls' eligibility and intention to participate in the Texas Tax Abatement Program to promote development and redevelopment and adopt guidelines and criteria for tax abatement in the City of Wichita Falls 9:41 a.m. Mayor Short opened the public hearing at 9:42 a.m. Mr. Hegglund discussed the tax abatement criteria, guidelines, and their purpose. The current criteria and guidelines will expire January 2024. There were no comments from the public. Mayor Short closed the public hearing at 9:44 a.m. CITY COUNCIL MINUTES December 5, 2023 PAGE 8 OF 15 Item 7m(ii) — Resolution 150-2023 Resolution declaring the City of Wichita Falls' eligibility and intention to participate in the Texas Tax Abatement Program to promote development and redevelopment and adopt guidelines and criteria for tax abatement in the City of Wichita Falls. Moved by Councilor Nelson to approve Resolution 150-2023. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7n — Resolution 151-2023 9:44 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 $760,688 to the City of Wichita Falls for the required 20% local match plus related ancillary costs to support a TxDOT grant to construct the section of the Circle Trail along the Wichita River between Camp Fire and Lucy Park. Moved by Councilor Nelson to approve Resolution 151-2023. Motion seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7o was moved to the end of the agenda after Executive Session. 8a — Staff Reports — Update on Airport Hangar Fees and Miscellaneous Rates — John Burrus 9:52 a.m. CITY COUNCIL MINUTES December 5, 2023 PAGE 9 OF 15 John Burrus, Director of Aviation, Traffic, and Transportation, provided a background on the Kickapoo airport, grant funding, investments the City has made, and upcoming projects. The goal has always been for Kickapoo Airport to be self-sustaining and to not use general fund dollars for airport operations. Mr. Burrus discussed the current rates and fees which were set in 2012, and the new rates and charges study recently completed. The study included other airports in the region to compare charges and subsidies as recommended by the Tenant Committee. Staff and the Tenant Committee recommended rates based upon the year hangars were built, standardizing overnight fees, providing free APU/GPU services for tenants, and waived fees for transients with a fuel purchase. The new rates will generate more income, and will be tied to yearly CPI increases. It was noted that income generated by the airport is reinvested in the airport. 8b — Mayoral-initiated item to discuss possible modification of Wichita Falls Ordinance, Section 2-31 Designated Meetings, and Section 2-60 Regular Meetings, regarding location and time 10:04 Mayor Short discussed moving public comments to the beginning of the meeting which he was able to do without a vote, but his proposal to change meeting times would require a majority vote of the Council. During his campaign he was frequently asked about moving meeting times and he promised to discuss that with the Council and staff if elected. Mayor Short proposed moving both regular monthly meetings to 5:30 p.m. when meetings are moved to the MPEC around the first of February. Councilor Browning stated that he is against moving meetings and he has never been asked to have meetings moved during his five years on Council. He respects the Mayor for keeping his word, but he feels 5:30 p.m. takes away from family time. There are also a large number of staff members required to be present, and although most people would not be granted overtime, if this were to pass, he would like to see salaried staff compensated for their time. Council meetings are available online, the public access channel, and Councilors are available to discuss agenda items with concerned constituents prior to the meetings. Meetings have been held at 8:30 for the past 30 years, and his experience with evening town hall meetings is low attendance. He feels citizens should put their faith and trust in their Councilor. Councilor Browning asked if these meetings are moved, are we also moving other meetings like 4A, 4B, and Planning and Zoning? He expressed concerns with the length of the meetings and the possibility of meetings going past midnight, and stated he is strongly against moving meeting times. Councilor Taylor stated that he has been indirectly involved with town hall and city council meetings, and he also stated during his campaign that he would look at evening meetings. Councilor Taylor stated that historically evening meetings are not well attended, and he CITY COUNCIL MINUTES December 5, 2023 PAGE 10 OF 15 suggested as an alternative having a trial basis of evening meetings over a couple of months. He agreed with Councilor Browning that as elected officials they are here to represent their constituents. Councilor Whiteley agreed with Councilor Browning's comments, and that there are many moving parts. He is in his last year of service and in his six years of service he has never been asked to move meeting times. He stated that City employees matter and evening meetings take away from family time and activities. Councilor Whiteley bases his opinion on agenda items from feedback and information he receives from citizens, and with current technology citizens have other avenues to participate in meetings. Councilor Smith discussed his experience with town hall meetings, and how he was excited to give citizens an opportunity to attend an evening meeting. City wide town hall meetings were held, and there were times when there were more staff in attendance than citizens. Then town hall meetings were held by Council Districts, and the participation was low and did not meet his expectations. He also agrees with comments made by the other Councilors and he is not for moving meetings, and agrees that, with technology today citizens can stay informed if they are interested. There are also various ways information is disseminated to the public, and he stands with other comments made by Council. Councilor Nelson agreed with Councilor Browning and is against moving meeting times. He discussed how he has an implied contract which included 8:30 meetings and discussed concerns regarding HB 2127 Section 10, and the legality of moving meeting times. He has never been asked by citizens to move meeting times, and is extremely against it. Councilor Browning stressed that he applauds Mayor Short for keeping his word and bringing this up for discussion. Councilor Taylor suggested possibly having special meetings in the evening on hot topic items. Mayor Short discussed the moving parts and acknowledged it would not be easy, and he hoped to get some ideas, and appreciates the feedback. Annie Jackson, 1027 Crescent Ln., agreed with Councilor Browning, even though she was for evening meetings since other cities have them, and she appreciates Mayor Short keeping his word. She acknowledged low attendance at previous town hall meetings, and stated that although this topic was on the agenda citizens did not show up to express their opinion. She is a huge advocate for citizen rights and stated that citizens had their opportunity and they blew it by not showing up, and sees no further need to address this topic. CITY COUNCIL MINUTES December 5, 2023 PAGE 11 OF 15 David Grey discussed how the Mayor does have the ability to call special meetings at other times without Council approval. Mickey Fincannon, Wichita County Commissioner Precinct 2, agreed with the comments and stated the largest attendance at recent town hall meetings was 12 citizens. He feels town hall meetings are important because it is difficult for citizens to speak directly to their representative and receive feedback since discussion cannot be held during public comments. County town hall meetings were held without staff and he encouraged Councilors to have town hall meetings and not be afraid to talk to their citizens especially on hot topics. He has approached councilors in the past and it is sometimes hard to get feedback from them. He suggested having evening meetings on hot-topic issues without staff. Councilor Whiteley stated that he agrees with Commissioner Fincannon since citizens often listen to hearsay and miss the facts on these hot topic items. Evening town hall meetings could be used to get the facts straight. Commissioner Fincannon discussed the County moving their meetings to Tuesday at 10:00 a.m. which will overlap with Council meetings. Part of the reason this was voted on was due to the City discussing having evening meetings. Beverly Ellis, 1605 Parkdale, discussed her campaign pledge for town hall meetings, and discussed a recent town hall meeting in Eastside where there was standing room only. Town hall meetings are important, and it is important for them to be in the afternoon or evening when citizens can attend. She feels there is a need for town hall meetings, and each Council District should have town hall meetings in their areas to allow citizens to voice their concerns. Councilor Taylor addressed comments made and stated that he agrees that town hall meetings by District are important regardless of the attendance to allow citizens the opportunity to voice their concerns, and be informed. He stated he promised a digital platform to communicate with his District, and has been discussing the legal aspects, but he agrees with the need for town hall meetings. Mayor Short stated he has not received any objection or resistance to town hall meetings. Cathy Dodson, 3503 Glenwood Ave., stated that she wants her Councilor to become more comfortable with talking to his constituents. 8c—Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:31 a.m. CITY COUNCIL MINUTES December 5, 2023 PAGE 12 OF 15 Councilor Taylor stated that during the Christmas there are some real grinches out there that would like to get in your pocketbook, and he encouraged citizens to be aware. He discussed how one person will distract you while another steals from you, and encouraged everyone to be careful. Councilor Whiteley thanked the stakeholder group that participated in making decisions regarding new Building Inspection software, and for the time they spent helping staff make decisions. He gave kudos to the employee of the month and applauded Leticia for her positive attitude. He stated that $100 for employee of the month has been the same for a while and may need to be increased. It was good to have County folks in attendance, and he appreciates the interaction with them. He also thanked the owners of Senderoo, the Chamber of Commerce — Ron Kitchens, the foreign exchange students, and Dave Clark. Councilor Nelson discussed four new businesses, two new houses, and four remodels in District 2. He took a tour of the new construction at the Health District and it looks good, but we should also look at the repairs on the outside. There is a new Boys and Girls club under construction on the Eastside. He stated he has attended 22 town hall meetings to discuss individuals concerns. Councilor Smith discussed the tour of Memorial High School and how amazing it is. Construction is on schedule and he facilities will open in August of 2024. These new schools are something to be proud of and will provide great educational opportunities for our youth. They are 21st century facilities and he hopes everyone takes the opportunity to tour the facilities when completed. He discussed the number of city job vacancies being down, but he encouraged citizens to contact Human Resources if they are looking for a good job with good pay and benefits. Some jobs even include education for the job that can be used for advancement. Councilor Nelson gave kudos to Steve Jackson as they have finally gotten a lease agreement for the Railroad Museum. He thanked Mr. Leiker, Mr. Menzies, and Mr. Hegglund. Mayor Short thanked Fire Station 8 for their quick response over the weekend to help his mom. They were professional and compassionate, and we are very fortunate to have our first responders. It means so much more when you are on the other side of a call. Be safe and God bless. Item 9 — Executive Sessions City Council adjourned into Executive Session at 10:41 a.m. in accordance with Texas Government Code §551.074 and §551 .087. CITY COUNCIL MINUTES December 5, 2023 PAGE 13 OF 15 City Council reconvened at 11 :09 a.m. Mayor Short reconvened in open session and announced that no votes or polls were taken. Item 7a — Resolution 138-2023 11 :09 a.m. Resolution casting votes for individuals nominated for the Wichita Appraisal District Board of Directors Moved by Councilor Browning to approve Resolution 138-2023 casting 633 votes for Glenn Barham and 632 votes for Jeff Taylor. Motion seconded by Councilor Whiteley and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 7o — Resolution 152-2023 11 :10 a.m. Resolution authorizing the City Manager to renew non-annexation agreements with Vitro Flat Glass, Pratt & Whitney, Nustar Logistics, Valero Energy, Plains Pipeline, and Howmet Aerospace, guaranteeing each immunity from annexation for a certain term. Moved by Councilor Browning to approve Resolution 152-2023. Motion seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 10 —Adjourn Mayor Short adjourned the meeting at 11 :14 a.m. CITY COUNCIL MINUTES December 5, 2023 PAGE 14 OF 15 PASSED AND APPROVED this 19th day of December 2023. Tim hort, Mayor ATTEST: Marie Balthrop, TRMMMC , City Clerk CITY COUNCIL MINUTES December 5, 2023 PAGE 15 OF 15