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Min 06/04/2024 City of Wichita Falls 3esc� City Council Meeting 76, \-11')I. Minutes !'2 �' June 4, 2024 V � r�l ill TEXAS �� � e m3 �' ,d'�y�la � -. fi Rhieiskle$.46,ides-Oipe-Iiwaitre.. _ '%`L, ... Item 1 - Call to Order The City Council of the City of Wichita Falls, Texas, met in a regular session at 8:30 a.m. on the above date in the Seminar Room at the MPEC 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, Councilor District 4. Mayor Short called the meeting to order at 8:30 a.m. Item 2a — Invocation Minister Ken Holsberry, 10th & Broad Church of Christ, gave the invocation. Item 2b — Pledge of Allegiance Mayor Short led the Pledge of Allegiance. Item 3a — Employee of the Month— Jhon Reynolds, MPEC/CVB 8:32 a.m. Mayor Short recognized Jhon Reynolds as Employee of the Month for June 2024 and shared a brief video. He congratulated Mr. Reynolds and presented him with a plaque, letter of appreciation, dinner for two, and a check and thanked him for his service. Item 4 — Comments from Citizens 8:35 a.m. David Gray, 1050 Jan Lee Dr., Burkburnett, TX, stated that people are looking for clarification regarding lobbyists in Austin per information found online at USA Transparency. He asked for clarification on what they were there for, if it was approved by the Council and the expense. He expressed concerns regarding the collective bargaining agreement being requested by the firefighters and discussed how much the city spends on the Fire Department for new trucks and equipment. He expressed his concerns about the optics after the Fire PAC spent $62,000 backing four members of the Council during the last election. Mr. Gray asked if the Council was going to take action on drought restrictions since the combined lake levels are up to 78.4%. Item 5-7 — Consent Items 8:38 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. The motion was seconded by Councilor Smith 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 May 21, 2024, Regular Meeting of the Mayor and City Council Item 6a — Resolution 55-2024 CITY COUNCIL MINUTES June 4, 2024 PAGE 2 OF 15 Resolution authorizing the purchase of a 6105E John Deere tractor with a John Deere FC15R Flex Wing mower for the Parks Maintenance Division through the BuyBoard Purchasing Cooperative from Deere & Company in the amount of $111 ,120.24. Item 6b — Resolution 56-2024 Resolution reducing the rental fee of the Mobile Stage for the Founders Lions Club for the T-O Fair on September 17-21 , 2024. Item 7 — Receive Minutes (a) Wichita Falls Park Board, January 25, 2024 (b) Lake Wichita Revitalization Committee, April 9, 2024 (c) Wichita Falls Park Board, April 24, 2024 Item 8a(i) — Public hearing on an ordinance to move Chapter 26 - Business Regulations, Article VI — Food Establishment Rules to Chapter 58 — Health, Article VI; amending in its entirety; and providing for codification 8:39 a.m. Mayor Short opened the public hearing at 8:40 a.m. Amy Fagan, Director of Health, shared a presentation and provided an overview of the proposed amendments to the ordinance regarding Food Establishment Rules and expressed the importance of keeping the Ordinance up to date with current rules and code. She discussed notifications sent out to stakeholders, transparency efforts, the timeline, and the education efforts. Mrs. Fagan stated the Board of Health voted unanimously to bring the proposed changes to the Council, and she shared a video created to explain to the public why we have ordinances, and the process of drafting and approving them. Samantha Blair, Environmental Health Coordinator, discussed the new layout and proposed changes and explained why they are recommended. Mrs. Blair also discussed public input efforts, including meetings, online surveys, emails, and mailings. The proposed changes are in line with those of other comparable cities. Councilor Browning discussed how changes were made based on stakeholder input, and Mrs. Fagan stated that several concessions were made after their input was provided. CITY COUNCIL MINUTES June 4, 2024 PAGE 3 OF 15 Councilor Smith stated he was the Council's liaison to the Health District Board and expressed his appreciation for the staff and committee. David Gray, 1050 Jan Lee Drive, Burkburnett, agreed with the presentation and stated he was previously in the food business and that there is nothing more important than food safety. He feels every employee should have a food handlers' card, as no one wants a food-borne illness traced to their establishment, as it can ruin your business. He feels they should review fees and possibly reward food establishments that do a good job. He appreciates the food inspectors and noted that certified manager and food handler permits follow the holder. Megan McGowan, Nutrition Services Director for the Wichita Falls Area Food Bank, expressed her support for the changes to the ordinance and discussed the importance of food safety. The Food Bank recently launched a new mobile kitchen to inform the public about food safety and preparation. Ms. McGowan is a Certified Food Safety Manager and stated that she agrees with all of the changes. Dr. Keith Williamson, 1 Charing Ct., addressed the Council on behalf of the Board of Health, as he serves on the board as the physician and Chair. He stated that citizens expect food to be safe, and the city provides that assurance. The committee looked at many issues, considered the views of stakeholders, held lengthy discussions, and voted unanimously to approve the changes. Deidra Stewart, Wichita Falls, owner of Chica D's Coffee, stated she has two food trailers and has been open for five years. Before that, she taught culinary arts, food handlers, and food management classes for fifteen years. She addressed concerns some stakeholders have expressed about the costs and noted that the Texas Certified Food Manager licensing costs are minimal and it is more accommodating to individuals with disabilities than other nationally recognized certifications. She discussed her food certification systems, the necessity to have a Certified Food Manager on duty, and how they have saved money and increased efficiency by doing this. Mayor Short closed the public hearing at 9:13 a.m. Item 8a(ii) — Ordinance 18-2024 9:13 a.m. Ordinance to move Chapter 26 - Business Regulations, Article VI — Food Establishment Rules to Chapter 58 — Health, Article VI; amending in its entirety; and providing for codification. Moved by Councilor Taylor to approve Ordinance 18-2024. CITY COUNCIL MINUTES June 4, 2024 PAGE 4 OF 15 The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8b — Ordinance 19-2024 9:14 a.m. Ordinance amending Ordinance No. 52-2023, the fee schedule Section 6. Health, 6b. Environmental; providing for severability; providing that such ordinance shall not be codified; and providing an effective date. Moved by Councilor Browning to approve Ordinance 19-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 8c — Ordinance 20-2024 9:17 a.m. Ordinance making an appropriation to the Special Revenue Fund for the Public Health Education Account in an amount up to $3,000 received from Superior Health Plan to support the Healthy Cooking Classes Initiative and authorizing the City Manager to execute contract accepting same. Moved by Councilor Browning to approve Ordinance 20-2024. The motion was seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None CITY COUNCIL MINUTES June 4, 2024 PAGE 5 OF 15 Item 8d(i) — Public hearing on an ordinance amending the Vitek Planned Unit Development District regulations to add "services" as a permitted use to the Planned Unit Development District; determining that the meeting at which this ordinance was passed was open to the public as required by law. 9:19 a.m. Mayor Short opened the public hearing at 9:19 a.m. Terry Floyd, Director of Development Services, discussed the proposed amendments to the Vitek Planned United Development District to allow an event space. The Planning and Zoning Commission unanimously approved this recommendation, and staff recommends approval. James Blake, Fort Worth, and member of the L.L.C. that owns the property, stated that they believe there is a need for this service and asked for the council's support. Mayor Short closed the public hearing at 9:25 a.m. Item 8d(ii) — Ordinance 21-2024 9:25 a.m. Ordinance amending the Vitek Planned Unit Development District regulations to add "services" as a permitted use to the Planned Unit Development District; determining that the meeting at which this ordinance was passed was open to the public as required by law. Moved by Councilor Browning to approve Ordinance 21-2024. The motion was seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8e — Ordinance 22-2024 9:26 a.m. Ordinance appropriating $13,977.62 to the Special Revenue Fund for additional direct award grant revenue from the State of Texas for the Texas Department of Transportation CITY COUNCIL MINUTES June 4, 2024 PAGE 6 OF 15 Selective Traffic Enforcement Program ("Operation SlowDown") Wave Grant for Fiscal Year 2024 and authorizing the City Manager to accept said funds. Moved by Councilor Browning to approve Ordinance 22-2024. The motion was seconded by Councilor Taylor and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 8f— Ordinance 23-2024 9:28 a.m. Ordinance applying for and accepting up to $4,128,000 from the Federal Highway Administration through the Active Transportation Infrastructure Investment Program for the section of Circle Trail along Lake Wichita. Moved by Councilor Browning to approve Ordinance 23-2024. The motion was seconded by Councilor Nelson. John Burrus, Director of Aviation, Traffic, and Transportation, apologized to Councilor Battaglino and stated that he asked for this item to be moved as he felt it reflected poorly on his representation of his district if he was not in attendance. He apologized to Councilor Battaglino for failing to communicate better regarding moving this item to a meeting that he would be able to attend. Mr. Burrus discussed the grant application to complete the last section of the Circle Trail along the North side of Lake Wichita and that he feels our chances of receiving the grant are low as these are competitive grants with limited funding. Mr. Burrus addressed suggestions to move the trail to the street or build a causeway and stated we would not get state or federal support for those options. He noted that if we are successful in receiving the grant, the Council will have the option to decide if they would like to move forward. Steve Garner, 2806 S. Shepherds Gln, stated he is a fan of the Circle Trail and is in favor of submitting this application so we can move forward with the last section. He discussed how friends and family members have enjoyed the trail, and the diversity of scenery enjoyed. The last section will complete the loop around Wichita Falls, and he encouraged the Council to vote in favor of this item. Dianna Snow, 4811 Marsha Dr., said she and her niece use the trail regularly to destress, and she encouraged all Councilors to walk half a mile on it. She discussed the nature and CITY COUNCIL MINUTES June 4, 2024 PAGE 7 OF 15 wildlife she has experienced along the trail and encouraged everyone to visit the trail and take pictures to post on social media. David Coleman, 3719 Cedar Elm, is a regular user of the trail and has ridden over 1700 miles along it this year. The trail needs to be finished, and he supports the grant application. He discussed the importance of hearing the public's concerns to protect their safety and business operations and suggested installing bollards along the trail. He suggested that the Council consider citizen concerns during the design process and build the trail as far away from homes as possible to respect their privacy. Judy Whittington, 5205 Lakeshore Dr., thanked Mr. Coleman for his comments and stated she uses the trail and is in favor of the project but has concerns about this section. She asked when the grant application would be finalized so she could get a copy. Mr. Burrus stated the deadline is June 17th. She asked about the funding and how the matching component will be funded, and Mr. Burrus stated they would ask the 4B Board for support as they have a history of supporting the trail project. Thomas Murray, 3019 Whitehall Lane, stated he rides approximately 300 miles a month on the trail and teaches Couch-to-50 class. Due to safety concerns, they moved the class to the trail. He loves the trail, but there are problem areas, such as cleanliness, and he suggested blowing off the trail, especially after mowing. He discussed previous concerns with disturbing veterans and stated that he is a retired veteran who finds relaxation on the trail and supports completing the trail. Jim Heiman, 1805 Club View, Chair of the Parks Board, discussed the current Parks Master Plan being completed, which includes the completion of the Circle Trail. It is a huge project that needs to be completed. The motion carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 9a(i) — Public hearing to receive citizen comments and take action on a resolution for the proposed 2024-2028 Five Year Public Housing Agency (PHA) Plan and the first year of the Annual Action Plan 9:44 a.m. Mayor Short opened the public hearing at 9:44 a.m. CITY COUNCIL MINUTES June 4, 2024 PAGE 8 OF 15 Mr. Floyd discussed the proposed Five PHA Plan, the first-year Annual Action Plan, and stated the public hearing is required by the Department of Housing and Urban Development (HUD). Mr. Floyd discussed the changes and modifications required by HUD and the current Housing Choice Voucher Program, requirements, preferences given, the number of participants, and the number of citizens waiting for available units. Mayor Short asked about waiting time, and Mr. Floyd stated it was largely due to the number of available units. Councilor Smith asked if this was federally funded, and Mr. Floyd stated it was, and the allocation changes from year to year. Councilor Smith asked about income requirements and preferences, and asked if they have to meet all three. Mr. Floyd stated they only have to meet the income requirements and one preference. Councilor Smith asked what we could do about individuals on the waiting list. Mr. Floyd suggested writing letters to Congress to ask for additional funding as they maximize the funding received as much as possible. He also discussed a new development that will be brought to the Council in the future that will add additional available units for those on the waiting list. Councilor Taylor asked for an explanation of the 90-day employment requirement. Mr. Floyd stated that individuals must show proof of being employed for 90 days prior to receiving assistance. Councilor Nelson asked if this funding includes first-time home buyers, and Mr. Floyd stated that is a different program funded with CDBG funds. Mayor Short closed the public hearing at 9:53 a.m. Item 9a(ii) — Resolution 57-2024 9:53 a.m. Resolution for the proposed 2024-2028 Five Year Public Housing Agency (PHA) Plan and the first year of the Annual Action Plan. Moved by Councilor Browning to approve Resolution 57-2024. The motion was seconded by Councilor Nelson and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None CITY COUNCIL MINUTES June 4, 2024 PAGE 9 OF 15 Item 9b — Resolution 58-2024 9:53 a.m. Resolution authorizing the City Manager to execute all documents necessary to purchase the Falcon Complete Endpoint Detection and Response solution from CDW Government LLC in the amount of $196,822. Moved by Councilor Browning to approve Resolution 58-2024. The motion was seconded by Councilor Taylor. Blake Jurecek, Assistant City Manager, discussed the increase in security this would provide and stated the first four months of the contract will be paid for out of this year's budget, and the remainder will be included in the 2024-2025 budget. There was a brief discussion regarding threats to our SCADA system and what staff is doing to protect it. It was noted that the 16-year contract aligned with our fiscal year and locked in pricing. The motion carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9c — Resolution 59-2024 9:57 a.m. Resolution authorizing the City Manager to award a contract for the 2024 Sanitation Dumpster Maintenance to Gloria Villarreal Welding. Moved by Councilor Browning to approve Resolution 59-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9d — Resolution 60-2024 9:59 a.m. CITY COUNCIL MINUTES June 4, 2024 PAGE 10 OF 15 Resolution authorizing award of bid for the City's estimated annual requirement of Ready- Mix Concrete and Flowable Fill to Falls Concrete, LLC. Moved by Councilor Browning to approve Ordinance 60-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 9e — Resolution 61-2024 10:01 a.m. Resolution requesting permission to declare excess property and advertise for sale the City-owned property located at 3601 Armstrong Drive, more specifically described as a 0.344-acre tract of land out of William Anglin Survey, A-2, Wichita County, Texas, as required by Section 272.001 of the Texas Local Government Code. Moved by Councilor Browning to approve Resolution 61-2024. The motion was seconded by Councilor Taylor and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9f— Resolution 62-2024 10:04 a.m. Resolution authorizing the City Manager to enter into an agreement with Rock Island Construction for Design-Build Services related to the Kickapoo Downtown Airport Hangar Project and authorizing the payment of up to $67,840 in Preconstruction and Design Fees. Moved by Councilor Browning to approve Resolution 62-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. CITY COUNCIL MINUTES June 4, 2024 PAGE 11 OF 15 Nays: None Item 9q — Resolution 63-2024 10:06 a.m. Resolution authorizing the City Manager to execute a Professional Services Agreement with Kimley Horn for traffic engineering services in an estimated amount of $187,000.00. Moved by Councilor Browning to approve Resolution 63-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 9h — Resolution 64-2024 10:10 a.m. Resolution authorizing the purchase of a Ford Transit Cargo Van for the Wichita Falls Public Library through the BuyBoard Purchasing Cooperative from Caldwell Country Ford, LLC dba Rockdale Country Ford in the amount of $58,500.00. Moved by Councilor Nelson to approve Ordinance 64-2024. The motion was seconded by Councilor Taylor. It was noted that this item will be funded by a grant from the Priddy Foundation. The motion carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley Nays: None Item 9i — Resolution 65-2024 10:15 a.m. CITY COUNCIL MINUTES June 4, 2024 PAGE 12 OF 15 Resolution of the City Council of the City of Wichita Falls, Texas, appointing/reappointing directors to the Wichita County/City of Wichita Falls, Texas, Hospital Board; and designating term of office. Moved by Councilor Browning to approve Resolution 65-2024. The motion was seconded by Councilor Smith and carried by the following vote: Ayes: Mayor Short, Councilors Browning, Nelson, Smith, Taylor, and Whiteley. Nays: None Item 10a — Staff report — Update on Drought Restrictions, Russell Schreiber 10:17 a.m. Russell Schreiber, Director of Public Works, gave a presentation and update on drought restrictions and lake levels. The current combined lake level is 79.4%, and Lake Kemp is at 100%. Mr. Schreiber discussed the US Drought Monitor Outlook and the El Nino Advisory, which shows that there is a transition to neutral, which means warmer and dryer conditions. He discussed projected lake levels based on a 6-year average and how, even under the worst conditions, it is unlikely we would go back into stage 1 restrictions throughout the summer. This information was presented to the Water Resources Commission, and they recommended removing water restrictions when lake levels are 78% or higher. There was a brief discussion regarding water usage during the highest usage periods, how many gallons are put back into the system from our water reuse program, and how water from Lake Kemp could be used if needed. Item 10b -Announcements concerning items of community interest from members of the City Council. No action will be taken or discussed. 10:24 a.m. Councilor Taylor discussed how the cost of doing business is increasing, and he asked for understanding from the citizens. He noted that the Council will be good stewards of taxpayer dollars and that decisions are made for the common good, with serious consideration given to every item. Citizens may not always appreciate the decisions made, and he asked for their consideration and understanding. Councilor Whiteley congratulated the employee of the month and Jana and the library staff for their work. He thanked everyone who showed up to support the Circle Trail, and he appreciated their positive point of view. CITY COUNCIL MINUTES June 4, 2024 PAGE 13 OF 15 Councilor Browning asked everyone to still be mindful of water usage. Councilor Smith stated that today is National Hug Your Cat Day, and if you don't have a cat, you can get one at Animal Services. Councilor Nelson discussed his awareness program and upcoming new businesses. He expressed his appreciation to Amy Fagan for her work with the Food Ordinance. Mayor Short congratulated John Burrus and his wife on their anniversary. He discussed why Councilor Battaglino has missed a few meetings while he participates in the Department of Defense Executive Leadership Program, which challenges participants physically and intellectually to grow their leadership skills. It is a 10-month program where Councilor Battaglino visited various military installations and learned how the Department of Defense operates worldwide and the importance of Sheppard Air Force Base (SAFB) to our national security. The program will be completed this week after a final team presentation, a visit to the White House, and graduation at the Pentagon. Councilor Battaglino expressed to Mayor Short how challenging the program has been, and he will be the first person from SAFB to ever graduate from this program. Mayor Short said he, SAFB, and District 4 are very proud of him. Item 11 — Executive Sessions City Council adjourned into Executive Session at 10:32 a.m. in accordance with Texas Government Code §551.071(2) and §551 .071(1). City Council reconvened at 1 :28 p.m. Mayor Short reconvened in open session and announced that no votes or polls were taken. Item 12 — Adjourn Mayor Short adjourned the meeting at 1 :29 p.m. PASSED AND APPROVED this 18th day of June 2024. CITY COUNCIL MINUTES June 4, 2024 PAGE 14 OF 15 Tim Short, Mayor ATTEST: iL: & v" Marie Balthrop, TRMC, IIMC City Clerk CITY COUNCIL MINUTES June 4, 2024 PAGE 15 OF 15